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HomeMy WebLinkAboutMIN 1997 0205 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California February 5, 1997 A Regular Meeting of the City Council of the City of Moorpark was held on February 5, 1997 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 7:03 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Evans led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Evans, Perez, Rodgers Teasley, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Ken Gilbert, Director of Public Works; Mary Lindley, Director of Community Services; Nelson Miller, Director of Community Development; Steve Hayes, Economic Development/Redevelopment Manager; Captain Mike Lewis, Sheriff's Department; Dirk Lovett, Assistant City Engineer; Baldemar Troche, Management Analyst; Lillian Hare, City Clerk; and Dorothy Vandaveer, Deputy City Clerk 9. PROCLAMATIONS AND COMMENDATIONS: None. S. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. AT THIS POINT IN THE MEETING the City Council recessed to convene the Redevelopment Agency. The time was 7:07 p.m. The City Council reconvened at 7:09 p.m. 6. PUBLIC COMMENT: None. 0WAZI. Minutes of the City Council Moorpark, California Page 2 February 5, 1991 '. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Wozniak requested a future agenda item relative to the use of leaf blowers in the city. He suggested that staff obtain a recent Santa Barbara Ordinance on the subject. Mayor Hunter indicated that the City of Malibu had recently passed an ordinance or resolution related to the use of leaf blowers. Councilmember Teasley requested a future agenda item relative to consideration.of an invocation for City Council meetings. Mayor Hunter suggested that inclusion of consideration of an invocation for the City Council meetings would appropriately be part of the change of the rules of procedure to be discussed later in the evening. Mayor Hunter requested that on a future City Council Community Development Committee, an examination of permits and permit processes in the City be agendized. Mayor Hunter reminded everyone about the Town Hall Meeting to be held at the Arroyo Vista Recreation Center on Saturday, February 8, at 10:00 a.m. PUBLIC HEARINGS: •} -1 a1 lll'f \• -! Yam•\• ial-l! }' • •- Development. Inc.). Staff Recommendation: 1) If the City Council agrees with the Planning Commission's recommendation that any General Plan amendmentlzone change action decision be delayed until after April 17, 1997, then direct staff to readvertise the public hearing and schedule General Plan Amendment No. 96-3 concurrently with one or more other General Plan Land Use Element amendment applications after April 17, 1997; 2) If the City Council's decision is to approve the General Plan amendment and zone change, direct staff to prepare a resolution for the General Plan Amendment and an ordinance for the, zone change, and return the resolution for adoption and the 0001,22 Minutes of the City Council Moorpark, California Page 3 February 5, 1997 ordinance for first reading at the Council's February 19, 1997 meeting. NEW STAFF RECOMMENDATION: If the City Council's decision is to approve the General Plan amendment and zone change, direct staff to prepare a resolution for the General Plan Amendment and an ordinance for the zone change and return the resolution for adoption and the ordinance for first reading at the Council's February 19, 1997 meeting.(Continued from 2/5J97) Mr. Miller gave the staff report. Mayor Hunter indicated that the Public Hearing was still open. James Kopel, of Centex Homes, 25129 The Old Road, Stevenson Ranch, addressed the Council. He indicated that Centex Homes would sign an agreement with MCCI (Bollinger) tomorrow. In response to Council question, Mr. Kopel indicated that the "deal" with Bollinger was worth 68 million dollars and therefore his company is very cautiously proceeding by thoroughly reviewing every phase of the proposed deal. In response to Mayor Hunter, Mr. Kopel said the agreement contains the deal points for the construction of the homes and for the joint venture with MCCI relative to the golf courses. He said Centex would take ownership of all acreage and then deed back the golf courses to the joint venture. He indicated that Centex was self funded and had three billion dollars in revenue per year. In response to Councilmember Evans, Mr. Kopel said the market research being done by Centex has slowed down the process. He said 80 to 125 homes must be sold to break even on the project. He confirmed that the agreement between MCCI and Centex would be signed tomorrow. He indicated that the close of escrow would occur when Centex is able to pull permits for mass grading. In response to Councilmember Wozniak, Mr. Kopel stated that he believed that Centex would take possession of the property in May or June. In response to Mr. Kueny, Mr. Kopel indicated he did not know if Bollinger would ever own the property. He also stated that Centex would sign the Development Agreement. OW3023 Minutes of the City Council Moorpark, California Page 4 February 5, 1997 In response to Mr. Kueny, Mr. Kopel indicated the projected absorption rate of the homes to be: Higher cost homes - 3/4 home per week Lower cost homes - 1 home per week Bill LaPerch, 7200 Walnut Canyon Road, addressed the Council and urged them to rezone the property to its original designation. Joe Ahearn, 484 E. Los Angeles Avenue, addressed the Council and suggested that the process for the project and public comment should be clarified. Roseann Mikos, 14371 E. Cambridge Streetaddressedthe Council in favor of rezoning the property to its original rural designation. Paul Bollinger, 351 Rolling Oaks Drive, Thousand Oaks, addressed the Council as the developer. He said he had made some mistakes but that it is a great project and should go forward. In response to Mayor Hunter, Mr. Bollinger said he met with Richard Hare regarding his billing. He said he disagrees that he owes $15,000.00 for the Senior Planner's time. He said he already paid for $15,000.00 of the contractor's time and felt he was being double billed. In response to Council question, he indicated that he had made a partial payment of $3,100.00; that he disagreed with the $20,000.00 the City showed as outstanding. He said he had spent "hundreds of thousands of dollars" in fees and wanted a third party to review his billing. Councilmember Evans indicated that Mr. Bollinger had not kept his promises to meet with staff within five working days and to pay the $44,000.00 in outstanding billings if it was determined by the City that the billings were correct. He said the quote made by Mr. Bollinger was that he would "write a check the very day." In response to Mr. Kueny's question regarding if he would ever own the property, Mr. Bollinger said, "As its now structured, I would never own the property." Minutes of the City Council Moorpark, California Page 5 February 5, 1997 In response to Mr. Bollinger, Mr. Kueny indicated that a 15% overhead charge for staff time to manage outside contracts is part of the City's standard fee schedule. He indicated Mr. Bollinger was aware of that fee structure when he signed his agreement with the City. Mayor Hunter closed the Public Hearing. Ms. Kane read the ordinance title. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to read the ordinance title and waive further reading. MOTION Councilmember Wozniak moved and Councilmember Perez seconded a motion to declare Ordinance No. 223 introduced for first reading. The motion carried by unanimous voice vote. AT THIS POINT IN THE MEETING a recess was declared. The time was 8:35 p.m. The Council reconvened into open session at 8:55 p.m. Im Tentative Parcel Mao 5037 on the Application of West America Construction Corporation (Assessor Parcel No. 12- 0-24 -11. -12. -13. and -191. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Make a determination that the changes to the project are not of sufficient magnitude to require that the projects be returned to the Planning commission for further review prior to the City Council taking action on the project; 3) Review, consider, and adopt he Mitigated Negative Declaration and Mitigation Monitoring Program; 9) Make the appropriate findings as found in Resolution No. 97-1271; and 5) Approve Resolution No. 97- approving the Industrial Planned Development Permit No. 96-1 on the application of William F. Gibbs, and IPD 96-2A, B, C, D and E and Tentative Parcel Map No. 5037 on the application of West America Construction Company. (Continued from 2/5/97) Mr. Miller gave the staff report. Mayor Hunter opened the public hearing. Owud Minutes of the City Council Moorpark, California Page 6 February 5, 1997 Nick Brown, 8929 Wilshire Blvd., Suite 400, Beverly Hills, addressed the Council and indicated he was available to answer any questions. William Gibbs, 4011 N. Cedar Pine, said he supported the proposed project but was concerned regarding liability related to the bicycle easement. CONSENSUS: 40 By consensus the Council determined to add to Condition A� language that any entity accepting the offer of dedication for the easement should also accept liability related to the use of such and that the Irrevocable Offer of Dedication would be in favor of the City or a successor entity. Mr. Kueny indicated that Condition 98 of IPD 96-1 should be changed to reflect $.90 per square foot rather than $.50. Mayor Hunter closed the Public Hearing. MOTIQN: Councilmember Perez moved and Councilmember Wozniak seconded a motion to approve that the changes in the project are not of sufficient magnitude to require that the projects be returned to the Planning Commission for further review prior to the City Council taking action on the project; to adopt the Mitigated Negative Declaration and Mitigation Monitoring Program; make the appropriate findings as found in Resolution No. 97-1271; and approve Resolution No. 97-1271 approving the Industrial Planned Development Permit No. 96-1 on the application of William F. Gibbs, and IPD 96-2A, B, C, D and E, and Tentative Parcel Map No. 5037 on the application of West America Construction Company with the amendments recommended by staff. The motion carried by unanimous voice vote. A. 87-405. Staff Recommendation: Approve the Classification Plan prepared by RAA and approve Resolution No. 97- thereby 1) Approving the job descriptions prepared by RAA; 2) Approving the reclassification of the Administrative Services Department Administrative Secretary to Personnel Technician; and, 3) Rescinding Resolution No. 87-405. Mr. Hare gave the staff report. MOTION: Councilmember Perez moved and Councilmember Teasley seconded a motion to approve the classification plan prepared by Ralph Andersen & Associates and approve Resolution No. 97-1272 (MUG Minutes of the City Council Moorpark, California Page 7 February 5, 1997 approving the job descriptions prepared by RAA; approving the reclassification of the Administrative Services Department Administrative Secretary to Personnel Technician; and rescinding Resolution No. 87-405. The motion carried by unanimous voice vote. B. Consider Benefits of a Sphere of Influence Studv. Staff Recommendation: Direct staff as deemed appropriate. Mr. Miller gave the staff report. Joe Ahearn, 484 E. Los Angeles Avenue, addressed this item on behalf of the Chamber of Commerce. He said the Chamber is in favor of the Sphere of Influence Study. Roseann Mikes 14371 E. Cambridge Street, addressed the Council in opposition to a Sphere of Influence Study at this time. Councilmember Wozniak requested approximate costs in dollars and staff time for a Sphere of Influence Study. Mayor Hunter indicated that he was looking for an accurate estimate of the dollars and hours involved in continuing the process and the specific benefits, drawbacks and a discussion of the logical areas for expanding the sphere. He said in addition to the advantages he would like a discussion of the disadvantages other than philosophical. Councilmember Perez suggested waiting until the Town Hall Meeting when further input from the public might help the Council in taking an action. He also said the Executive Director of LAFCO indicated he would be available for a meeting on this subject. MOTION: Councilmember Perez moved and Mayor Hunter seconded a motion to continue this matter to the Town Hall Meeting to be held on February 8, 1997. The motion carried by unanimous voice vote. C. Consider Commercial Planned Development Permit 89-1 Minor Modification No. 6, and Commercial Planned Development Permit 89-2 Minor Modification No. 12. for Modification of the Sign Program for Mission Bell Plaza (Mission Bell Partners). Located at the Northwest Corner of Los Angeles Avenue and Park Lane). Staff Recommendation: Adopt Resolution No. 97-1277 approving Minor Modification No. 6 UWV7 Minutes of the City Council Moorpark, California Page 8 February S. 1997 to CPD 89-1 and Minor Modification No. 12 to CPD 89-2, for a modification to the approved sign program subject to the conditions of approval as outlined in the staff report. Mr. Miller gave the staff report. MOTION: Councilmember Evans moved and Councilmember seconded a motion to adopt Resolution No. 97-1277 approving Minor Modification No. 6 to Commercial Planned Development Permit No. 89-1 and Minor Modification No. 12 to Commercial Planned Development Permit No. 89-2 for a modification to the approved sign program subject to the conditions of approval as listed in the staff report dated January 29, 1997. The motion carried by unanimous voice vote. D. Consider Report Regarding Storm Drain Catch Basin On n'ng Dimensions. Staff Recommendation: Direct staff as deemed appropriate. Mr. Troche gave the staff report. Mr. Troche indicated that the amounts listed in the staff report, level of effort A. B, C. and D would need to be revised to add an additional contingency amount making the amounts for the levels of effort as follows: A = $16,416 B = $29,894 C = $40f838 D = $143,366 In response to Council question, Mr. Kueny indicated that Gas Tax was the most appropriate fund from which to appropriate monies for this project. Councilmember Perez said he believed it was most appropriate to add this project to the budget process because of its fiscal impact. Councilmember Evans indicated his support of getting a definitive estimate. MOTION: Mayor Hunter moved and Councilmember Wozniak seconded a motion to direct staff to proceed with the design of the project. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 9 February 5, 1997 CONSENSUS: By consensus the Council determined to approve the appointment made by the Mayor of himself and Ccuncilmember Evans to the Ad Hoc City Council Rules of Procedure Committee. Joe Ahearn, 484 E. Los Angeles Avenue, indicated his support of the current practice of copying and distributing Council mail to all Councilmembers. CONSENSUS: By consensus the Council determined to establish a Downtown Specific Plan Advisory Committee; the Committee to conform to the following: To consist of twelve people. To formulate a recommendation to be provided to the Planning Commission. To determine the deadline for the receipt of applications to be 5:00 p.m. on February 28 and to adhere to the policies for the Council appointed Committee. To hold two meetings - one meeting for public input and another meeting to determine their recommendation. Duration of existence to be approximately 60 days. Appointments to be scheduled for the March 5, 1997 City Council meeting. 10. CONSENT CALENDAR: MOTIO : Councilmember Wozniak moved and Councilmember Perez seconded a motion to pull items 10_A., 10.D., and 10.I and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. Consider Approval of Employee Assistance Program (EAP1 for Regular Full -Time Emolovees. Staff Recommendation: That the City Council authorize the City Manager to enter into agreement with The Holman Group to provide EAP services as proposed for $2.50 per full-time employee per month effective March 1, 1997. 'ocx�sz� Minutes of the City Council Moorpark, California Page 10 February 5, 1997 C. Consider Revisions to the City'sPolice v' Ra Staff Recommendation: Adopt Resolution No. 97- and revise the police service rates as requested. E. Consider Transportation on jo Park and Recreation Therapeutic Programs. Staff Recommendation: The Budget and Finance Committee (Mayor Hunter and Councilmember Wozniak) and staff recommend that the City Council direct staff to evaluate the feasibility of offering therapeutic programs through the City's Recreation Department. Senior Newslettar. Staff Recommendation: Approve Resolution No. 97-1275 which amends the FY 1996/97 budget by transferring $1,500 from the Senior Center Trust Fund (500.000.0000. 000. 2771) to the Senior Center Division Budget (100.702. 0000.000.9191 Contractual Services). G. Consider the Acceptance of a Crant Dppd for Additional Rpauirpd Public Right of Way on the as id of Park Tang South of Los Angeles Avenue. Staff Recommendation: Direct the City Clerk to record the subject Grant Deed from Simi Valley Bank to the City of Moorpark. H. Consider Authorization o AdvertiseBid o h Construction o Pavement n and D ainaae Improvements on Maureen Dane Bonnie View Street and the Alleys South of First Street. Staff Recommendation: Approve the plans and specifications for the subject project and authorize staff to advertise for receipt of bids. J. Staff Recommendation: Approve a Certificate of Acceptance for the subject Easement Deed and direct staff to forward said deed to the Southern California Edison Company for recordation. Procedure. Staff Recommendation: Adopt Resolution No. 97- 1276 Rescinding Resolution No. 95-1163 and revising the Rules of Procedure regarding the order of the City Council meeting agenda. 4.006136 Minutes of the City Council Moorpark, California Page 11 February 5, 1997 The following items were pulled from the Consent Calendar for individual consideration: A. Manual Warrants 32545, 32626-32634 $ 26,709.80 Voided Warrant 32527 $ (1, 115.48) Regular Warrants 32635-32674 $ 315,956.03 32675-32768 $ 416,679,19 Staff Recommendation: Approve the Warrant Register. In response to Councilmember Evans, Mr. Hare explained the charge for bottled water. MOTI Councilmember Evans moved and Councilmember Wozniak seconded a motion to approve the Warrant Register. The motion carried by unanimous roll call vote. Consider Resolution No. 97-1274 Approving a Budget Amendment to Fund the Construction of Improvements at the Intersertion of Monrnark Road and Tierra Reiada Road. Staff Recommendation: Adopt Resolution No. 97-1274 approving a budget amendment to fund the construction of certain improvements at the intersection of Moorpark Road and Tierra Rejada Road from the Spring Road/Tierra Rejada Road Area of Contribution Fund (Account No. 211.900.8039.000.9903) in the amount of *18,000. In response to Mayor Hunter, Mr. Kueny confirmed that the staff recommendation for funding this budget amendment from the Spring Road/Tierra Rejada Road Area of Contribution Fund was the most appropriate funding source. MOTION: Mayor Hunter moved and Councilmember Perez seconded a motion to approve the adoption of Resolution No. 97-1274 approving a budget amendment to fund the construction of certain improvements at the intersection of Moorpark Road and Tierra Rejada Road from the Spring Road/Tierra Rejada Road Area of Contribution Fund in the amount of $18,000.00. The motion carried by unanimous roll call vote. Consider Approval of the Selection of a Civil Engineering Firm to Prepare DeNian Plans and Specifications for h Everett Basin Storm Drain. Staff Recommendation: Approve the selection of ASL Consulting Engineers to prepare design plans and specifications for the Everett Basin Storm Drain and authorize the City Manager to sign a contract agreement with this firm for such services. y9YDtD132. Minutes of the City Council Moorpark, California Page 12 February 5, 1997 In response to Mayor Hunter, Mr. Gilbert explained that staff was watching the situation to prevent a future blockage. MOTION: Mayor Hunter moved and Councilmember Evans seconded a motion to approve the staff recommendation to approve the selection of ASL Consulting Engineers to prepare a design plan and specifications for the Everett Basin Storm Drain and to authorize the City Manager to sign a contract agreement with this firm for such services. The motion carried by unanimous voice vote. 11. ORDINANCES: None. 12. CLOSED SESSION: MOTION: Councilmember Wozniak moved and Councilmember Teasley seconded a motion to adjourn to Closed Session for a discussion of 12.B. listed on the agenda. B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision c of Section 59956.9 of the Government Code: (Number of cases to be discussed - 5) The motion carried by unanimous voice vote. AT THIS POINT IN THE MEETING a recess was declared. The time was 11:47 p.m. The Council reconvened into Closed Session at 11:0C p.m. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; and Nelson Miller, Director of Community Development. The Council reconvened into open session at 11:50. Mr. Kueny stated there was no action to report and only item 12.B. was discussed. WUL32 Minutes of the City Council Moorpark, California Page 13 February 5, 1991 0 b -1i01RODRUS Mayor Hunter adjourned the ATTEST: Lillian E. Hare, CMC, City QUW 33