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HomeMy WebLinkAboutMIN 1990 0404 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California April 4, 1990 A Regular Meeting of the City Council of the City of Moorpark, California was held on April 4, 1990 in the Council Chambers of City Hall of said City, located at 799 Moorpark Avenue, California. 1. CALL TO ORDER: Mayor Lawrason called the meeting to order at 7:19 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Harper 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; Don Reynolds, Management Analyst; Paul Porter, Senior Planner; David Baird, Building Official; and Lillian Kellerman, City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Proclamation in Recognition of the 100th Anniversary of the Federation of Womens Club of America and the 84th Anniversary of the Moorpark Womens' Fortnightly Club. Councilmember Brown made the presentation. B. Proclamation Recognizing April 22nd as Earth Day 1990. Councilmember Harper made the presentation. C. Presentation by Ventura County Community Foundation Mr. Ralph Mahan of the Ventura County Community Foundation addressed the Council giving a report on the critical unmet needs in Ventura County. Copies of the report had previously been provided to the Council. Minutes of the City Council Moorpark, California Page 2 April 4, 1990 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: MOTION: Mayor Lawrason moved and Councilmember Brown seconded a motion to add as Item ll.F. consideration of approval of a resolution in support of the Boys and Girls Club of Moorpark's application for a grant under the Youth Facilities Bond Act of 1988, the need for action having arisen after the posting of the agenda. The motion carried by unanimous voice vote. 6. PUBLIC COMMENT: Judy Lanahan, 4641 Pepper Mill Street, addressed the Council regarding the need for special police enforcement to handle the problem of dirt bike disturbances behind her home. Connie Lawrason, 4291 Ambermeadow Street, addressed the Council regarding SB821 funds. She said the project begun on High Street should be continued until completed. Karen Latter, 510 New Los Angeles Ave., of Santa Barbara Savings and Loan, addressed the Council regarding Item ll.E. She indicated that the proposed sign for the bank was needed and fit the sign criteria. Violet Henry, 2220 Ventura Blvd., Camarillo, addressed the Council regarding the Senior Nutrition Program and CDBG funding. 7. COMMITTEE REPORTS: Councilmember Brown reported on the Transportation Planning Committee meeting on unmet needs and the Private Industry Council for the Summer Youth Employment Program. Mayor Lawrason reported on the Public Works /Facilities Committee meeting with staff to discuss possible museum sites for the Moorpark Historical Society. 8. CONSENT CALENDAR: MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to pull Items B.A. Minutes of March 7, 1990 and Minutes of March 21, 1990, 8.F., 8.I., and 8.K. 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 Adjourned Minutes of the City Council Moorpark, California Page 3 April 4, 1990 Meeting of the City Council and Joint Meeting with the Planning Commission of January 29, 1990. Consider approval of the minutes of the Adiourned City Council Meeting of February 10, 1988. Consider approval of the minutes of the Regular City Council Meeting of December 2, 1987. Consider approval of the minutes of the Regular City Council Meeting of August 17, 1983. Staff Recommendation: Approve minutes as processed. B. Warrant Register Pre -paid Warrants 11260, 11299 11302 - 11306 11378 - 11385 $ 3,837.49 Payable Warrants 11394 - 11466 $153,097.89 C. Consider Bond Reduction for Tract 4338 (UWC). Staff Recommendation: Reduce bond amounts. D. Consider Fence /Wall Bond Exoneration for Tracts 3019 & 3525 (Warmington) . Staff Recommendation: Authorize the City Clerk to exonerate the bonds. E. Consider an amendment to an agreement with Impact Sciences regarding Planning Service for RPD 89 -1, CPD's 89 -1 & 89 -2 and PM -4416 (Mcleod & Devericks). Staff Recommendation: Approve amendment and authorize Mayor to sign. G. Consider Moorpark Avenue Parkway Landscaping. Staff Recommendation: Authorize staff to proceed with project implementation. H. Consider Landscape Maintenance Contract with Turf Pro for Maintenance of Parks, Parkways and Medians. Staff Recommendation: Approve contract extension. J. Consider Rescinding Resolution No. 87 -387 - A resolution establishing the bylaws of the Redevelopment Agency. Staff Recommendation: Rescind Resolution No. 87 -387. Minutes of the City Council Moorpark, California Page 4 April 4, 1990 The following items were pulled from the Consent Calendar for individual consideration: Consider approval of the minutes of the Regular City Council Meeting of March 7, 1990. The following amendments were made to page 12 of the Minutes of March 7, 1990: After the second paragraph add " Councilmember Brown stated she could only support a motion if it contained no figures." Motion to be amended to read " Councilmember Montgomery moved and Councilmember Brown seconded a motion to direct a Council Ad Hoc Committee of Councilmembers 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...." Paragraph four to be amended to read " 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. MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion to approve the Minutes of March 7, 1990 as amended. The motion carried by unanimous voice vote. Consider approval of the minutes of the Regular City Council Meeting of March 21, 1990. MOTION: Councilmember Brown moved and Mayor Lawrason seconded a motion to continue consideration of the minutes until the April 18, 1990 City Council meeting. The motion carried by unanimous voice vote. F. Consider performance of a traffic speed survey. Staff Recommendation: Select Charles Abbott Associate to perform the study. In response to Mayor Lawrason, Mr. Gilbert clarified that the section of Tierra Rejada between Spring and the freeway was covered in the speed survey. Minutes of the City Council Moorpark, California Page 5 April 4, 1990 MOTION: Mayor Lawrason moved and Councilmember Harper seconded a motion to approve the staff recommendation. The motion carried by unanimous voice vote. I. Consider SB 821. Pedestrian and Bikeway Grant Funding Application. Staff Recommendation: Approve Res. 90- 640 to select and authorize Los Angeles Avenue as the FY 1991 SB 821 project. In response to Mayor Lawrason, Mr. Kueny clarified that the balance of the sidewalk improvement project on High Street is funded in the 1989/90 Budget and that was why the staff recommendation was to authorize Los Angeles Avenue sidewalk as the proposed SB 821 project. MOTION: Mayor Lawrason moved and Councilmember Harper seconded a motion to approve the staff recommendation. The motion carried by unanimous voice vote. K. Consider Modification to Condition No. 25 of PD 1049 (CEDC). Staff Recommendation: Authorize City Manager to approve occupancies prior to park improvements if determined necessary. Councilmember Montgomery indicated that he had pulled this item as a courtesy to Councilmember Perez, who had indicated he would abstain. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to approve the staff recommendation. The motion carried 4 -0, Councilmember Perez abstaining. 9. PUBLIC HEARINGS: A. Consider 1990/91 Community Development Block Grant (CDBG) Appropriations. Staff Recommendation: Approve Budget and Finance Committee recommendations for 1990/91 appropriations. (Continued Item 9.D. from 3/21/90). Mr. Reynolds gave the staff report. As the public hearing on this item was closed at the March 21, 1990 meeting, Councilmember Lawrason opened the floor to Council discussion. Councilmember Perez requested that $7,000 be reappropriated from affordable housing or public improvement for Channel Counties Legal Services Agency. He said he felt their service to Moorpark residents was important. Minutes of the City Council Moorpark, California Page 6 April 4, 1990 In response to Councilmembers Brown and Harper, Mr. Reynolds said 1,078 was the total number served by the Channel Counties Legal Services but that the specific number of residents from Moorpark was not designated. Councilmember Brown stated that in the future those applying for CDBG funds should respond to whether they were currently serving Moorpark residents and in what numbers. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to approve the staff recommendation. AMENDMENT TO MOTION: Councilmember Perez moved and Councilmember Harper seconded a motion to re- allocate $7,000 in CDBG funds from the recommended amount for Public Improvements to the Channel Counties Legal Services Agency. The amendment was withdrawn. AMENDMENT TO MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to re- allocate $7,000 in CDBG funds from the land acquisition portion of affordable housing for the Channel Counties Legal Services Agency with the understanding that Channel Counties Legal Services was to open an office in Moorpark. The amendment carried by unanimous voice vote. SECOND AMENDMENT TO MOTION: Councilmember Montgomery moved and Mayor Lawrason seconded an amendment that the Charles Street Improvement project be amended to Nogales /Avenida Colonia and Charles Street Improvement project. The amendment carried by unanimous voice vote. VOTE ON THE MAIN MOTION: The motion carried by unanimous voice vote. B. Consider Appeal No. 90 -1 JBH Development Regarding the Scope of Work Needed to Prepare a Traffic Study for TR4620 (Continued Item 9.A. from 3/21/90). Staff Recommendation: Deny the appeal. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to continue the item to the April 18, 1990 City Council meeting as JBH Development had sent a letter requesting the continuation. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 7 April 4, 1990 C. Consider Abatement of Hazardous Unreinforced Masonr Buildings - A report regarding a proposed ordinance to require structural upgrades to unreinforced masonry buildings. (Continued Item 9.C. from 3/21/90). Staff Recommendation: Approve the draft resolution and introduce the ordinance for first reading. Mr. Baird gave the staff report. Mayor Lawrason opened the public hearing and, as there were no speakers for this item, he closed the public hearing. CONSENSUS: By consensus this item was tabled until later in the meeting for City Attorney review of the language of the ordinance. D. Consider IPD 89 -2 Annotti & Petrilli - a request to construct a 32,650 square foot industrial building within an M -1 zone. Staff Recommendation: Approve with conditions of development. Mr. Porter gave the staff report. In response to Councilmember Brown, Mr. Porter said that regarding the exterior lighting plan, the lights were directed down and the lumens were kept down. Mayor Lawrason opened the public hearing. Marc Annotti, 5000 Parkway, #103, Calabassas, addressed the Council saying that he had met with the homeowners trying to mitigate their concerns. He said the lights would shine away from the residences and the height of the building had been lowered per the homeowners' request. He said the fuel tank on the property had been removed and there had been no leakage. He said that in regard to the landscaping, he felt that a full planter was the best screening that could be provided. He asked that a specific tree size be designated and said that a 24 inch box tree was a good size. In response to Councilmember Perez, Mr. Annotti said that more parking was helpful to a project in case a tenant business grew in size. Minutes of the City Council Moorpark, California Page 8 April 4, 1990 Phy Mason, P.O. Box 563, Moorpark, said that she lived next to the Annotti project. She discussed the proposed increase to the 30 -foot landscaping along the eastern property line and said that the additional landscaping and the resultant reduction of parking spaces in that area would create a better buffer than if large trucks were parked there. William Mason, P.O. Box 563, Moorpark, thanked the Planning Commissioners and Mr. Annotti for their consideration of the residents in the area of the project. He said the proposed increased landscaping was important. Mayor Lawrason closed the public hearing. The Council discussed the tree size for the proposed landscaping and the building color palette. AT THIS POINT in the meeting, Mayor Lawrason declared a 15 minutes recess. The meeting reconvened at 9:50 p.m. The Council discussed using funds from the $25,600 Tree Removal Permit for landscaping of the stub streets in the residential tract to the east of the project, and of cul de sac near this project and other potential locations. MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to approve the Negative Declaration, adopt the findings contained in the staff report dated February 5, 1990, and direct staff to prepare a resolution to be presented at the next meeting conditionally approving IPD -89 -2; the recommendation tying approval to a traffic signal at Los Angeles Avenue and Maureen Lane to be deleted; the box size of the trees required for the project to be at the discretion of the Community Development Director. The motion carried by unanimous voice vote. Continued from earlier in the meeting: C. Consider Abatement of Hazardous Unreinforced Masonry Buildings - A report regarding a proposed ordinance to require structural upgrades to unreinforced masonry buildings. (Continued Item 9.C. from 3121190). Staff Recommendation: Approve the draft resolution and introduce the ordinance for first reading. Minutes of the City Council Moorpark, California Page 9 April 4, 1990 Councilmember Montgomery stated that during the earlier break, the City Attorney had answered his questions regarding the language of the ordinance. In response to Councilmember Brown, Mr. Baird indicated that the proposed ordinance was a Los Angeles City Ordinance and that he did not know if the ordinance had been adopted by a small city. Ms. Kane read the amended language of the ordinance as contained in the staff report (Sections 8.08.100 and 8.08.110) and read the ordinance in title. Councilmember Brown asked for clarification on the implementation of the ordinance when passed. She asked that staff respond as to the process for the owner of the building and what fees would be involved. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to waive further reading of the ordinance and declare Ordinance No. 126 read in title only. The motion carried by unanimous voice vote. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to declare Ordinance No. 126 introduced and read for the first time. The motion carried by unanimous voice vote. The ordinance was introduced for first reading. E. Consider PD 1062 Embassy Plaza, Inc. - Maior Modification to provide additional free - standing building to the existing Community Use Building. Staff Recommendation: Deny the request. (Please note that due to applicant's failure to post the property, this hearing must be continued.) MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to continue the item until the April 18, 1990 City Council meeting as the applicant had failed to post the property. The motion carried by unanimous voice vote. 10. COMMENTS FROM COUNCIL MEMBERS: A. Appointment to the Moorpark Mosquito Abatement District MOTION: Councilmember Brown moved to retain the current appointment. The motion died for lack of a second. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to continue the item until the May 2, 1990 meeting, another press release to be prepared on the appointment. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 10 April 4, 1990 B. Appointment of Tenant Commissioner for Housing Authority MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to re- appoint Virginia Hall as the Tenant Commissioner to the Housing Authority. The motion carried by unanimous voice vote. C. Confirm Appointment to the Countywide Planning Advisory Committee. CONSENSUS: By consensus the Council determined to continue the item until Mrs. Wozniak had been contacted. Mr. Kueny indicated to the Council that staff would report back to the Council on a mechanism to keep the Council informed on meetings attended by their appointees. Councilmember Brown said she would like some further consideration to improving the lighting situation at the TOPA project. Mayor Lawrason said he would like to encourage another 24 hour police car in the budget. Mayor Lawrason said he would like a handout prepared which designates the location of the nearest emergency medical facility. 11. DISCUSSION /ACTION ITEMS: A. Consider Purchase of Childrens' Tables and Chairs. Staff Recommendation: Approve the recommendation. Mr. Newhouse gave the staff report. He explained that the Kiwanis Club, through fund raising efforts, had been able to generate funds for a $300 donation to the City for youth recreation. He said that adjustable tables and juvenile folding chairs to be used in the youth programs would be the best use of the funds. He recommended that the Council approve an appropriation of $548.54 from the Recreation Special Events funds to combine with the Kiwanis donation for the purchase. The Council indicated their thanks to the Kiwanis Club for the donation. Minutes of the City Council Moorpark, California Page 11 April 4, 1990 MOTION: Councilmember Brown moved and Mayor Lawrason seconded a motion to approve the staff recommendation. The motion carried by unanimous roll call vote. B. Consider Proposed Scope of Work for Sphere of Influence Study. Staff Recommendation: Approve Scope of Work. Mr. Richards gave the staff report, going over the draft scope of work for the Sphere of Influence study. Mr. Richards explained the role of the consultant for the General Plan Update in the Sphere of Influence study relative to their current contract with the City. Mayor Lawrason indicated that PBR should provide a summary of what they are doing in the current contract and net that out of the Sphere of Influence study. Councilmember Harper said under the current plan the build -out would be 36,000 which he said was reasonable. He expressed his concern that the City would be doubling the land mass of the City with the new sphere of influence. He said that if the CPO was in place, his reaction would be different. Councilmember Brown stated that other Cities do planning outside their boundaries. Councilmember Perez said that he would support changing the scope of work to consider a density of one dwelling unit per five acres rather than per one acre within the expanded Sphere of Influence boundary. Councilmember Montgomery said he believed moving ahead with the Sphere of Influence study was very protective of the community. MOTION: Councilmember Montgomery moved and Councilmember Brown seconded a motion to approve the scope of work as presented by staff, technical editing by staff to be allowed and staff directed to create the request for proposal to be sent out to selected consultants. AMENDMENT TO MOTION: Councilmember Perez moved and Councilmember Harper seconded an amendment to change the scope of work to consider an urban density of no greater than one dwelling unit per five acres rather than per one acre within an expanded Sphere of Influence boundary. The amendment failed 2 -3, Councilmembers Brown and Montgomery and Mayor Lawrason dissenting. Minutes of the City Council Moorpark, California Page 12 April 4, 1990 VOTE ON THE MAIN MOTION: The motion carried by roll call vote 3 -2, Councilmembers Harper and Perez dissenting. C. Consider Tech Circle /Poindexter Avenue Right -turn Restriction of Condition No. 29, DP -330 (Poindexter and Associates). Staff Recommendation: Direct staff as deemed appropriate. Mr. Knipe gave the staff report. He said that the minute action approved by the City Council for DP -330 in Condition No. 29 said that right turn movement for all traffic from Tech Circle onto Poindexter Avenue should be restricted but that Resolution No. 86 -293 prohibited truck traffic only from turning right onto Poindexter Avenue from Tech Circle. Mr. Kueny indicated that the sign would need to be replaced to match the resolution, if the Council determined to confirm the existing resolution. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to confirm existing Resolution No. 86 -293, restricting only truck traffic from making right turns onto Poindexter Avenue. The motion carried by unanimous voice vote. D. Moorpark Plaza Sign Program - Santa Barbara Savings. Staff Recommendation: Accept the recommendation of the Community Development Committee. Mr. Richards gave the staff report. In response to Councilmember Montgomery, Mr. Richards said that the other proposed sign had been too large for the location. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to approve the staff recommendation. The motion carried by unanimous voice vote. E. Consider Proposed Ordinance No. Establishing Hours of Operation for Restaurants, Bars and Taverns Selling Alcoholic Beverages. Staff Recommendation: Approve the draft ordinance. (Continued Item ll.E. 3/7/90). Mr. Richards said that additional information received from the City Attorney indicated that this item should be continued in order to post the notices for a public hearing. Minutes of the City Council Moorpark, California Page 13 April 4, 1990 MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to continued the item until it could be posted for a public hearing. The motion carried by unanimous voice vote. F. Consider Resolution 90 -641 in Support of the Boys and Girls Club of Moorpark's Application for a Grant under the youth Facilities Bond Act of 1988. Mayor Lawrason indicated that the Boys and Girls Club of Moorpark felt it significant that the City adopt a resolution in favor of support for their application for grant funding to purchase the Casey Road High School Gym. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to adopt the resolution. The motion carried by unanimous voice vote. 12. ORDINANCES: None were presented. 13. FUTURE AGENDA ITEMS: Councilmember Perez asked for further consideration of the implementation of some downtown study measures. Mayor Lawrason asked that a water conservation program be developed. 14. CLOSED SESSION: MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to go into Closed Session under all items listed: 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 Minutes of the City Council Moorpark, California Page 14 vs. City of Moorpark. April 4, 1990 F. Litigation concerning City of Moorpark vs. Fedelety Corporation (Arroyo Vista Park). 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. Negotiations 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 motion carried by unanimous voice vote. AT THIS POINT in the meeting Mayor Lawrason declared a recess. The Council reconvened into Closed Session at 11:45 p.m. Present in the Closed Session were all Councilmembers and Steven Kueny, City Manager; Cheryl Kane, City Attorney; Richard Hare, Deputy City Manager; and Pat Richards, Director of Community Development. Mr. Richards left the Closed Session at 11:53 p.m. The Council reconvened into Open Session at 12:54 a.m. Mr. Kueny stated that Item 14.H. Litigation concerning the County of Ventura vs. City of Moorpark had not been discussed. 14.1. Litigation concerning Rosenkrantz vs. City of Moorpark. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to approve the settlement of Rosenkrantz v. City of Moorpark et al and authorize the Mayor to sign the Mutual Release of Claims and related documents and the attorney representing the City to file the documents on the City's behalf. The vote carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 15 April 4, 1990 15. ADJOURNMENT: MOTION: Councilmember Perez moved and Councilmember Montgomery moved to adjourn. The motion carried by unanimous voice vote. The time of adjournment was 12:57 a.m. Mayor Pau Lawrason Jr ATTEST: