Loading...
HomeMy WebLinkAboutMIN 1990 0307 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California March 7, 1990 A Regular Meeting of the City Council of the City of Moorpark, California was held on March 7, 1990 in the Council Chambers of City Hall of said City, located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Lawrason called the meeting to order at the hour of 7:06 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Ethel Lawrason. 3. ROLL CALL: Present: Councilmembers Brown, Harper, Perez, Montgomery, and Mayor Lawrason Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Pat Richards, Director of Community Development; Phil Newhouse, Director of Community Services; John Knipe, Assistant City Engineer, Craig Phillips, Administrative Assistant, Lt. Rodriguez, Sheriff's Department; Ken Gilbert, Public Works Director; Cheryl Kane, City Attorney; Craig Malin, Planning Technician; Lillian Kellerman, City Clerk; Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: Mayor Lawrason introduced new City Employees: Rodney Johnson, Maintenance Worker; Thomas Lechman, Maintenance Worker; Craig Phillips, Interim Administrative Assistant. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Motion: Councilmember Harper moved and Councilmember Montgomery seconded a motion to add as item ll.M, Consider Waiving Fees for Community Center Use for the Ventura County Commission for Womens Public Outreach, the need for action having arisen after the posting of the agenda. The motion carried by unanimous voice vote. Minutes of the City Council March 7, 1990 Moorpark, California Page 2 6. PUBLIC COMMENT: Joan Bien, 12204 Willow Hill Drive, stated that she witnessed an accident at Mountain Meadows park a week ago and she felt the response time of the paramedics and Fire Department were unacceptable. She indicated that paramedics and EMT's need to be located here in Moorpark and that public phones need to be available at the parks for such incidents when emergency help needs to be summoned. Charles Schwabauer, 12681 Broadway, spoke on two agenda items. Regarding item 11D, he stated that he hopes the Moorpark Historical Society will be able to find a suitable location for a museum. Regarding Item 11K, Mr. Schwabauer recommended that the sphere of influence study include areas outside the city limits. Glen Schmidt, 4287 Tecolote Court, spoke regarding agenda item 11K. Mr. Schmidt recommended that the sphere of influence be expanded. He also indicated that discussions are taking place between elected officials and Messenger Investment that should be part of public forum. Leonard Liston, 12850 Andalusia Drive, spoke regarding the status of his project to open a car wash in the City. He said his approval had expired and that Council action was now required before the process could go any further. Discussion ensued between the Community Development Staff and Council as to the exact status of Mr. Liston's situation. CONSENSUS: By consensus, the Council determined to refer this matter to the Community Development Committee to meet with Mr. Liston and come back with a recommendation on the next Council agenda. Dennis Hardgrave, 1830 Lockwood, Oxnard, spoke in reference to the sphere of influence study and requested that the General Plan Update be allowed to continue. David Schwabauer, 12598 Broadway, expressed his concern over the Medfly situation and how Moorpark could be adversely affected if the insect is allowed to spread. Earl McPhail, P. O. Box 889, Santa Paula, from the Ventura County Agriculture Commission, also spoke regarding the malathion spraying for the Medfly eradication. He indicated that there will not be any aerial spraying unless the Medfly is found in Ventura County. Minutes of the City Council March 7, 1990 Moorpark, California Page 3 7. COMMITTEE REPORTS: Councilmember Brown reported that the Ventura County Transportation Committee has stated that the price for the freeway connector is now expected to exceed $48 million. Councilmember Perez reported that the Census committee will be conducting a volunteer public workshop at 7:00 p.m. on March 8, 1990 at the Community Center for anyone who is interested in attending. 8. CONSENT CALENDAR: MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion to pull item 8.D. and to approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider approval of the minutes of the Regular City Council Meeting of February 21, 1990. Consider approval of the minutes of the Special City Council Meeting of February 21, 1990. Consider approval of the minutes of the Regular City Council Meeting of February 7, 1990. Consider approval of the minutes of the Special City Council Meeting of February 7. 1990. Consider approval of the minutes of the Regular City Council Meeting of June 1, 1988. Consider approval of the minutes of the Special City Council Meeting of June 1, 1988. Staff Recommendation: Approve the minutes as processed. B. Consider Approval of the Warrant Register Pre -paid Warrants 11038, 11128 - 11132 11201 - 11217 $ 70,436.98 Payable Warrants 11222 - 11288 $161,451.55 C. Consider Agreement to Defer Construction of Improvements and Reduction of Bond PD 1065 (Velazquez). Staff Recommendation: Agree to defer construction of improvements for Unidos Avenue and reduce performance and payment bond. Minutes of the City Council March 7, 1990 Moorpark, California Page 4 E. Consider a Revort reaardina a Three -Party Agreement to Maintain Landscapina along Los Angeles Avenue as proposed by Morton Capital Management (DP 3021. Staff Recommendation: Approve agreement and authorize Mayor to sign. F. Consider Request of Planning Commissioner, Roy Tally, to attend the League of California Cities Planning Commissioner's Conference in San Diego. Staff Recommendation: Approve request. G. Consider Master Plan of Development for Arroyo Vista Community Park. Staff Recommendation: Approve Master Plan as Amended by Public Works /Facilities Committee. H. Consider Resolution designating STOP intersection for Right -turn traffic from Moorpark Road (N /B) to Tierra Reiada Road (E /B). Staff Recommendation: Adopt Resolution No. 90 -637. I. Consider SB 1850 - So Cal Transportation Council. Staff Recommendation: Authorize the Mayor to send letter regarding opposition. J. Consider Attendance at the Solid Waste Symposium by Administrative Assistant. Staff Recommendation: Authorize attendance. K. Consider Announcement for Recruitment and Selection of a New Alternate Public Member for LAFCO. Staff Recommendation: Receive and file. L. Consider Request for Amicus Support for the City of Sacramento in Commercial Builders of Northern California V. City of Sacramento. Staff Recommendation: Authorize amicus support. M. Consider Agreement for Use of Facilities, Supplies and Services between Moorpark Unified School District and the City. Staff Recommendation: Authorize the City Manager to execute the agreement on behalf of the City. N. Proposed Revisions to Los Angeles Avenue, Tierra Re-iada /Spring Road and Gabbert /Casey Road Areas of Contribution Fees. Staff Recommendation: Receive and file report and set March 21, 1990 as public meeting to consider proposed fee revision. Minutes of the City Council March 7, 1990 Moorpark, California Page 5 The following item was pulled from the Consent Calendar for individual consideration: D. Consider a rePOrt regarding the role of the Building IOsPector associated with Residential Construction. Staff Recommendation: Receive and File. Councilmember Brown said she felt it was important that the public be educated as to the information contained in the staff report. CONSENSUS: By Consensus the Council moved to receive and file. 9. PUBLIC HEARINGS: A. Consider Appeal No. 90 -1 JBH Development regarding the scope of work needed to Prepare a traffic study for TR4620. Staff Recommendation: Deny the appeal. Mr. Richards gave the staff report. Mayor Lawrason opened the Public Hearing. Stan Cohen, 300 Esplanade Drive, stated that his client, JBH Development, considers the application complete as submitted without the traffic study; however, he said they want to reach a compromise and are willing to update the traffic study that was conducted in 1980 to consider present -day conditions. Tom Montgomery, 2151 Alessandro Drive, Suite 210, Ventura, stated that there will not be any significant regional traffic demand in the area. Abe Guny, 3475 Ridgford Drive, Westlake Village, said he supported the applicant. He said the Council should approve the tract map. Richard L. Fausset, 163 Nob Hill, Ventura, requested the Council to allow the developer to update the existing study and to save the money of a new study being conducted. Minutes of the City Council March 7, 1990 Moorpark, California Page 6 After brief Council discussion, the following motion was heard. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to keep the Public Hearing open; to continue it to the next City Council meeting of March 21, 1990 and to refer the matter to the Transportation Committee. The motion carried by unanimous voice vote. 10. COMMENTS FROM COUNCIL MEMBERS: Councilmember Perez expressed gratitude to the organizers of the CROP walk. Councilmember Perez also noted that the next youth dance will be held on March 16, 1990 and that the Moorpark Youth Activities Committee needs chaperons for these activities. Councilmember Montgomery stated that the Budget and Finance Committee met this evening and that the citizens can look forward to easier identification of items being allocated to the sub - funds. He also expressed that the review of the City's financial processes by the citizens was beneficial to the City. Councilmember Brown indicated that she is anticipating the signs at Spring Road to stop indicating "U- turn ". Councilmember Brown also offered her support for Dave Schwabauer's in his concern over the Medfly issue. Councilmember Perez asked if there has been any progress in eliminating the extra lane on Spring Road south of Los Angeles Avenue. He also asked whether additional striping or widening would eliminate the funnel effect of traffic there. 11. DISCUSSION /ACTION ITEMS: A. Consider Names for Community Center Meeting rooms (A- Room/M-P Room). Staff Recommendation: Approve names as submitted by Parks and Recreation Commission. (Continued from 11.G. on 2/21/90) Phil Newhouse gave the staff report which proposed the main room (M -P) be named the Community Room and that the now designated "A" room be named the Activity Room. CONSENSUS: By consensus, the Council determined to refer item 11.A. to an Ad Hoc Committee consisting of Mayor Lawrason and Councilmember Brown. Minutes of the City Council March 7, 1990 Moorpark, California Page 7 B. Consider Adopting Policy and Procedures for Naming City - Owned Parks. Staff Recommendation: Direct Staff as deemed appropriate. (Continued ll.H from 2/21/90) Councilmember Perez said this item should be considered during the same process as Item 11.A above. CONSENSUS: By consensus, the Council determined to refer item ll.B. to an Ad Hoc Committee consisting of Mayor Lawrason and Councilmember Brown. C. Consider Authorization to Loan funds to CalTrans to Construct Improvements at southeast corner of spring Road /Los Angeles Avenue /High Street Intersection. Staff Recommendation: Provide further direction to staff. (Continued ll.A. 2/21/90) Mr. Kueny reported receiving in today's mail the cooperative agreement from CalTrans which advises that the funds are immediately available for the turn lanes in the Virginia Colony area project, and that CalTrans would deposit the funds with the City when the bid for the project was awarded. He said the Council directed letter would now be sent requesting that Cal Trans use $40,000 from the $150,000 earmarked by the State for that project as a loan to construct improvements at the southeast corner of Spring Road /Los Angeles Avenue /High Street intersection. D. Consider City Participation in Locating Museum Site for Moorpark Historical Society. Staff Recommendation: Direct Council Committee to work with Moorpark Historical Society. Mayor Lawrason stated that he had requested this item be placed on the agenda. After discussion of possible sites, including the northwest corner of the Carlsberg property; the 69 -acre park; the Casey Road school site; and the remnant of land at Casey Road and State Highway 23, by the Council, the following motion was heard. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to direct the Public Works /Facility Committee to consider suggestions on possible sites for the Historical Society Museum and to meet with the Historical Society regarding those suggestions. The motion carried by unanimous voice vote. Minutes of the City Council March 7, 1990 Moorpark, California Page 8 E. Consider a Report regarding Limiting Hours of Operation for Restaurants Serving Liquor. Staff Recommendation: Approve staff's recommendation and introduce ordinance. Mr. Richards requested that the item be continued to the April 4, 1990 City Council meeting. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to continue this item to the City Council meeting to be held on April 4, 1990. The motion carried by unanimous voice vote. F. Consider a Report and Recommendations regarding Downtown Revitalization. Staff Recommendation: Approve recommendation of Community Development Committee. Mr. Richards gave the staff report. Councilmember Harper presented photographs to the Council of what other cities have accomplished with downtown plans. A discussion about the estimated cost of Phases I and II ensued with Mr. Kueny providing estimates to the Council on the various items included in both phases. Councilmember Harper suggested that the Committee meet with the Chamber of Commerce to solicit their ideas on the downtown plans. Councilmember Brown also suggested that there may be individuals within the community who want to memorialize others with planters or other items. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to instruct the City Attorney to prepare an ordinance or resolution, whichever is appropriate, to lower the speed limit on High Street as was recommended in Phase I. The motion carried by unanimous voice vote. CONSENSUS: By consensus the Council determined that a target of $12,000 be established to implement Phase I as recommended by Staff and that a preliminary budget for Phase II be developed after the committee meets with the Chamber of Commerce to solicit their input regarding the recommendations contained in the staff report. Minutes of the City Council March 7, 1990 Moorpark, California Page 9 G. Consider Additional Funds to Publish Spring and Summer Recreation Brochures. Staff Recommendation: Appropriate additional funds for publication of Spring and Summer Recreation Brochures. Mr. Newhouse gave the staff report which requested the Council to appropriate additional money from the General Fund to provide for the printing of the Spring and Summer Recreation Brochures. He said the brochures would include an additional four pages for general City information. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to approve the staff recommendation to appropriate funds in the amount of $3,300 from the General Fund Reserve to print the Spring and Summer recreation brochures with the additional pages for general City information. H. Consider Authorization to Advertise for Receipt of Bids for Sidewalk Repair Proiect. Staff Recommendation: Appropriate additional funds and authorize Staff to advertise. Mr. Gilbert gave the staff report. In response to Councilmember Montgomery, Mr. Hare indicated that a history entry will be made at the time the funds are transferred between line items to ensure the transaction is clearly indicated. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to approve the staff recommendation. The voice vote was unanimous. I. Consider Authorization to Advertise for Receipt of Bids for the 1990 Slurry Seal Project. Staff Recommendation: Authorize Staff to advertise. Mr. Gilbert stated the staff recommendation is for Council to approve the general scope of work, the plans and specifications, the budget transfer defined in the Staff Report and authorization for staff to advertise for bids for the subject project. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to approve the staff recommendation. The voice vote was unanimous. Minutes of the City Council March 7, 1990 Moorpark, California Page 10 J. Consider a Report regarding Draft Comprehensive Planning Ordinance. Staff Recommendation: Direct Staff as deemed appropriate. Mr. Richards gave the Staff Report. After discussion by the Council of the holding capacity figures the following was heard: BY CONSENSUS: The Council determined to table this item and bring it back for discussion later in the evening. L. Consider Star Club Report. Staff Recommendation: Operate program through August 31, 1990 and approve necessary funding. Mr. Newhouse gave the Staff Report which indicates that Star Club is experiencing a deficit balance in operation due to under - enrollment and transportation costs. He said he recommended that the deficit be funded out of Fund 33 and that the program be allowed to continue through the summer. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to approve the staff recommendation. The voice vote was unanimous. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to have the staff prepare a report to come back to the Council on a scholarship program to be implemented after Star Club ceases to operate, for children who could not afford a program like Star Club. The voice vote was unanimous. M. Consider Waiving Fees for Community Center Use for the Ventura County Commission for Women Public Outreach. Mr. Kueny requested that Council consider collecting the cost for janitorial staff from the Commission while waiving other fees. Councilmember Harper indicated that he felt all fees should be waived in view of the nature of the group and their worthwhile efforts. MOTION: Councilmember Brown moved and Councilmember Lawrason seconded a motion to waive the fees, including janitorial, for use of the Community Center multi - purpose room, "A" room and Minutes of the City Council March 7, 1990 Moorpark, California Page 11 kitchen, on March 29, 1990. The voice vote was unanimous. 12. ORDINANCES: A. Consider Introduction of ordinance No. 125, an ordinance revoking Ordinance Nos. 117 and 118 regarding moratorium on R -1 and R -lE zoned properties city -wide. City Attorney, Cheryl Kane read the ordinance in its entirety as it is an urgency ordinance. MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion to adopt Ordinance 125 as read. The motion carried by unanimous roll call vote. B. Consider Reintroduction of Ordinance No. 123, an ordinance pertaining to the regulation of solid waste. City Attorney read the ordinance title, saying that the ordinance was being reintroduced for first reading. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to read the ordinance in title only. The voice vote was unanimous. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to declare Ordinance No. 123 introduced and read for the first time. The voice vote was unanimous. Item ll.J was continued at this point in the meeting. J. Consider a Report regarding Draft Comprehensive Planning Ordinance. Staff Recommendation: Direct Staff as deemed appropriate. Councilmember Montgomery suggested that the process to be followed should be to accept the numbers available in May 1990 from the traffic model being prepared as part of the circulation element update and to augment that number by 5% and to consider recent revisions to the housing element. He said he favored the formation of an Ad Hoc Committee to work on the language of the ordinance with the City Attorney and that he would like to see ratification of the ordinance by a public vote. Councilmember Harper concurred that the ordinance should be ratified by a vote of the people. Minutes of the City Council March 7, 1990 Moorpark, California Page 12 Mayor Lawrason said he felt the people had elected the Council to make decisions; that in a representative form of government that was the process. Councilmember Brown stated she could only support a motion if it contained no figures. After further Council discussion the following motion was heard: MOTION: Councilmember Montgomery moved and Councilmember Brown seconded a motion to direct a Council Ad Hoc Committee of Councilmember Harper and Montgomery to meet with the City Attorney to revise the ordinance to accommodate additional category of non - designated pool; approximate base capacity figures to come from PBR traffic model available in May 1990; Ad Hoc Committee to suggest some degree of augmentation to establish the holding capacity; to be presented to the full Council so adoption of ordinance could occur by July so as to allow placement on the ballot in November 1990. The motion carried by roll call vote 4 - 1, Mayor Lawrason dissenting. Councilmember Brown clarified that her affirmative vote was made with the understanding that the Committee would bring back a recommendation on the ADT numbers for the base capacity and holding capacity for the Council to consider. K. Consider Initiation of Sphere of Influence Study. Staff Recommendation: Direct staff as deemed appropriate. Mr. Richards gave the staff report. Mayor Lawrason indicated that he would like to see the study expanded to incorporate, as part of the General Plan Update, areas outside the City's boundaries. Councilmember Montgomery indicated he would like to see the Staff directed to expand the study to Waterworks District #1 boundaries and concurrently direct Staff to revise the scope of work with PBR to include such a study in their contract. Councilmember Harper said the City needed to work with the County for responsible land -use outside the City boundaries. Councilmember Brown indicated that other areas in addition to Waterworks District I boundaries should be considered. Minutes of the City Council March 7, 1990 Moorpark, California Page 13 MOTION: Councilmember Montgomery moved and Councilmember Brown seconded a motion to direct staff to study an expanded sphere of influence that would roughly match the boundaries of Water Works District #1 plus those areas easily identifiable by City staff adjacent to existing dwellings in the South and West portions of the City; that the results of the study be presented to the Council not later than 90 days from today; that the study include an identification of availability of County services to be provided to the City in that sphere of influence; that staff notify PBR of the change in the scope of work to now include Water Works District 11; increased amount of the study to be reported to the Council and cost to be allocated on a per acre basis to property owners in the Water Works District #1. The motion carried by roll call vote 3 - 2, Councilmembers Harper and Perez dissenting. 13. FUTURE AGENDA ITEMS: Councilmember Perez said he would like a future agenda item on funding for the Arroyo Vista Park. Councilmember Brown requested a report on the Arroyo Simi pedestrian bridge. 14. CLOSED SESSION: MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to adjourn into Closed Session at the hour of 1:07 p.m. for a discussion of the following items: 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. Litigation concerning City of Moorpark vs. Fedelety Corporation (Arroyo Vista Park). Minutes of the City Council March 7, 1990 Moorpark, California Page 14 G. Litigation concerning Ventura County Community College District vs. City of Moorpark. H. Litigation concerning the County of Ventura vs. City of Moorpark. I. Litigation concerning Rosenkrantz vs. City of Moorpark. J. Negotiation for real property on the north side of Tierra Rejada Road east of Spring Road (Pacifica Corp.) pursuant to Government Code Section 54945.8. The voice vote was unanimous. AT THIS POINT in the meeting a recess was declared. The Council reconvened into Closed Session at 1:20 a.m. Present in the Closed Session were all Councilmembers and Steven Kueny, City Manager; Cheryl Kane, City Attorney; and Richard Hare, Deputy City Manager. The Council reconvened into Open Session at 2:17 a.m.. Mr. Kueny stated that Item A.C. had not been discussed and that there was no action to report out of Closed Session. 15. ADJOURNMENT: MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to adjourn. The motion carried by unanimous voice vote. The time of adjournment was 2:18 a.m. 7,-L.at� t tn, - - Mayor Paul Lawrason Jr. ATTEST: Lillian E. Kellerman, City Clerk