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HomeMy WebLinkAboutMIN 1990 0418 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California April 18, 1990 A Regular Meeting of the city Council of the City of Moorpark, California was held on April 18, 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 7:20 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Brown led the Pledge of Allegiance 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, Acting City Engineer, Craig Phillips, Administrative Assistant, Sgt. Dennis Carpenter, Sheriff's Department; Ken Gilbert, Public Works Director; Cheryl Kane, City Attorney; Don Reynolds, Management Analyst; Winnie Wilson, Associate Planner; David Baird, Building Official; Lillian Kellerman, City Clerk; and Dorothy Vandaveer, Deputy City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: None were presented. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mr. Kueny requested that Litigation concerning Pacific Bell vs. State Board of Equalization, et al; be added to the agenda as the information regarding the case had been received from the County of Ventura after the posting of the agenda. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to add as item 14.J. Litigation concerning Pacific Bell vs. State Board of Equalization, et al; as the need for action arose after the posting of the agenda. The voice vote was unanimous. Minutes of the City Council Moopark, California Page 2 April 18, 1990 6. PUBLIC COMMENT: Phyl and Bill Mason, 437 Shasta Avenue, expressed their appreciation to each City Council member and to Mr. Richards for their patience and understanding during the recent consideration of IPD 89 -2 (Annotti) which concerned their property. Jim Hartley, 5950 Gabbert Road, spoke regarding item ll.C. and gave a brief update on Happy Camp Park. He said he is interested in the "clustering" concept being used in the Bollinger development and supports the use of reclaimed water proposed. In response to Councilmember Perez, he stated that he was on the Planning Commission during the time clustering was approved and that he does not recall any recommendations as to private vs public recreation land uses within clustered developments. Bob Crockford, 7189 Walnut Canyon Road, spoke regarding item ll.C. He expressed concern that the current proposal is inconsistent with the surrounding land uses. He also stated that the number of units for the development should be proportional to the percentage of developable land. Jairo M. Trujillo, 7177 Walnut Canyon Road, spoke against the Bollinger development and requested that it be denied. Pete Peters, 7155 Walnut Canyon Road, spoke regarding drainage problems that may be experienced if the Bollinger development is allowed. Teresa Godinez, 370 Bard Street, gave a brief update regarding the Cinco de Mayo event. She introduced 5 of the 13 candidates for Miss Cinco de Mayo. John Torres, 12505 Willow Hill Drive, displayed the poster that is being used for Cinco de Mayo publicity. He also requested that the City Council consider part of the land proposed for the Bollinger development as an overnight campground for public use. Connie Lawrason, 4291 Ambermeadow Street, gave a brief update regarding the California Transportation Advisory Committee and Senior Citizens Advisory Committee meetings which she had recently attended. She stated that call box installation for Ventura County should be complete by the end of this month. She also said that the voting on SB 821 will be in May and that only 7 cities made application so she felt assured that Moorpark should receive funds. Minutes of the City Council Moopark, California Page 3 7. COMMITTEE REPORTS: April 18, 1990 Councilmember Brown reported on the meeting of the advisory board of the Water Works District #1 where discussion took place regarding an ordinance to conserve water. She also stated that she had attended a meeting of the Ground Water Management Association and had a list of members of their ad hoc committee placed in each of the Councilmembers' boxes. It is her recommendation that someone from the Eastern Ventura County serve on that ad hoc committee to represent the interests of Moorpark. Councilmember Brown also reported on the SCAG meeting she had attended. Councilmember Harper reported that he had toured the Water Works District ,#1 facilities with Riley Spencer. He said it appears that Moorpark's water situation is adequate since our reservoir is full and a new well is about to be brought on -line at Fairview. Mayor Lawrason stated that he and Councilmember Brown had attended a health care meeting last week where the concerns of the City and the County were addressed. The major issue is the lack of funding for programs. 8. CONSENT CALENDAR: MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to pull items 8.C., B.E., 8.L., and 8.0. for individual consideration 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 March 21, 1990. Staff Recommendation: B. Warrant Register Manual Warrants Warrants Approve minutes as processed. 11386 - 11393 11467 - 11469 11477 - 11531 $ 41,429.73 $108,736.89 D. Consider Bond Reduction for Tract 3019 (Warmingtonl. Staff Recommendation: Authorize the City Clerk to exonerate the bond. F. Consider Technical Corrections to the Citv's Conflict of Interest Code. Staff Recommendation: Approve Resolution 90 -642 making technical corrections to the Conflict of Interest Code and adding newly designated positions. Minutes of the City Council Moopark, California Page 4 April 18, 1990 G. Consider Landscaping Bond Exoneration for Tracts 3019 & 3525 (Warmington). Staff Recommendation: Authorize the City Clerk to exonerate the landscaping bonds and approve acceptance of landscaped areas for City Maintenance. H. Consider the appropriation of funds and engagement of a consulting firm for the purpose of analyzing the current fees charged for planning services. Staff Recommendation: Authorize City Manager to enter into an agreement with Fieldman, Rolapp & Associates to perform the study, and appropriate $10,000 from Community Development Fund. I. Consider the appropriation of funds and engagement of a daluation consultant to ascertain the values of all real property and fixed assets currently owned by the City. Staff Recommendation: Authorize City Manager to enter into an agreement with the firm Marshall and Stevens, Inc. and appropriate $7,000 for funding from the General Fund. J. Consider authorizing City Manager to enter into agreements for health insurance coverages. Staff Recommendation: Authorize the City Manager to enter into an agreement with Western Life to extend the health plan. K. Consider entering into a contract management and architectural services agreement with the firm Wolf /Lang /Christopher Architects Inc. for the renovation of the Community Center. Staff Recommendation: Appropriate $9,000 from the General Fund and authorize $9,000 from previously appropriated Park Improvement Funds (Community Facilities portion) authorizing the City Manager to enter into an agreement for an amount not to exceed $18,000. M. Consider SB 1998 - Solid Waste Local Government Technical Advisory Committee. Staff Recommendation: Authorize the Mayor to send a letter in support of SB 1998. N. Consider Street Name Selection - Parcel Map 4278 (Abe Guny) Staff Recommendation: Approve requested name. P. Consider Minor Modification No for IPD88 -6 (West America Construction Corp.) Staff Recommendation: Receive and file the report. Q. Consider Resolution No 90 -643 (Annotti) approving IPD 89-2. Staff Recommendation: Approve Resolution No. 90- as submitted. Minutes of the City Council Moopark, California Page 5 April 18, 1990 R. Consider membership application of Mammoth Lakes to Southern California Joint Powers Insurance Authority. Staff Recommendation: Vote to deny application. S. Consider renewal of blanket fidelity bond. Staff Recommendation: Authorize City Manager to renew insurance coverages. T. Consider fire insurance renewal. Staff Recommendation: Authorize City Manager to renew insurance coverage. The following items were pulled from the Consent Calendar for individual consideration: C. Consider aradina plan revisions to Lot 13 of Tract 4081 (Colmer). Staff Recommendation: Approve grading plan revisions to Lot 13 subject to City Engineer and Director of Community Development approval. In response to Mayor Lawrason, Mr. Knipe stated that the additional grading quantities were just for one knoll on Lot No. 13 and there was only a shortfall of 10% of the total grading. MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to approve the staff recommendation. The motion carried by unanimous voice vote. E. Consider disposition of surplus equipment to Moorpark -based Non - Profit organizations. Staff Recommendation: Approve the donation of City surplus equipment to local non - profit organizations and sale or disposal of balance of equipment. Mr. Kueny indicated that he had requested this item be pulled to inform the Council that the United Methodist Church Rainbow Children's Center did not want items #3 &4. MOTION: Councilmember Brown moved and Councilmember Montgomery moved to approve the staff recommendation with the amendment that items 13 &4 could be given to one of the listed local non - profit groups or added to list B for sale or disposal. The motion carried by unanimous voice vote. L. Consider Red Cross Request for a Grant to Purchase Equipment for the Moorpark Disaster Action Itecp. Staff Recommendation: Authorize the expenditure of $4,997.92 from the Gann monies. Councilmember Brown expressed her concern that the expenditure should not be authorized until more adequate assurance was given that the funds intended for the San Francisco earthquake Minutes of the City Council Moopark, California Page 6 April 18, 1990 victims were expended for that purpose as had been indicated to those who contributed money to the disaster relief fund. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to continue the item until the May 16, 1990 City Council meeting. The motion carried by unanimous voice vote. O. Consider Resolution No. 90- Amending Resolution No. 88 -444 (PD -1066) on the application of Leonard Liston. Staff Recommendation: Approve Resolution No. 90 amending Resolution No. 88 -444 and authorize the Mayor to sign the agreement extending use inauguration. Mr. Richards stated that the agreement had been received late (April 13) and that the City Attorney has not had adequate time to review it. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion that the item be continued until the May 16, 1990 meeting. The motion carried by unanimous voice vote. 9. PUBLIC HEARINGS: A. Consider Ameal No. 90 -1 JBH Development regarding the Scope of Work needed to Prepare a Traffic Study for TR4620 (Continued Item 9.B. from 4/4190). Staff Recommendation: Deny the appeal. Mr. Kueny indicated that a letter had been received from the applicant again requesting continuation of this item for two weeks. MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion to continue the item to the May 2, 1990 City Council meeting. The motion carried by unanimous voice vote. B. Consider PD 1062 Embassy Plaza, Inc. - Mayor Modification to provide additional free- standinci building to the existing Community Use Building. (Continued Item 9.E. from 4/4/90). Staff Recommendation: Deny the request. Ms. Wilson gave the staff report. Mayor Lawrason opened the public hearing. Ken Shishido, representing the Embassy Group, 800 S. Figueroa Street, Los Angeles, spoke regarding two alternative building plans that have been presented to the City Council. He also discussed the type of entrance statement that is being designed and the signage for the lessors of the space in the Minutes of the City Council Moopark, California Page 7 April 18, 1990 center. Frank Jansen, 800 S. Figueroa Street, Los Angeles, related that his firm, the Embassy Group, has met the requests of the City Council and his budget has increased significantly over the past year as a result of these additional requirements. William Fraser, 3929 Willow Creek Lane, requested that the sign ordinance be reviewed so as not to restrict the merchants' signage within the center. He expressed that he feels the City should move forward with the project. Robert Moran, 13830 Meeham Way, spoke representing the Steeple Hill Homeowner's Association. He requested that the City Council deny the Embassy Group's request for another building on the site and that other recommendations for additional buildings on the site be denied as well. Pat Basso, 3940 Southhampton Road, requested that the modification to add another building to the site be denied. She also expressed concern that adequate parking be allowed at that location for tenants and customers. Marjorie Blye, 4122 Oakcliff Drive, said the public hearing sign was placed back from the street too far, making it difficult to read. AT THIS POINT in the meeting a 10 minute recess was declared. The meeting reconvened at 9:25 p.m. There being no more speakers, Mayor Lawrason closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to refer the item to the Community Development Committee to meet with the applicant, staff, and representatives of the area Home Owners Associations. The motion carried by unanimous voice vote. C. Consider Revision of Municipal Code pertaining to Home Occupations, to include Boutigue Sales and Garage Sales. Staff Recommendation: Introduce Ordinance No. for first reading. Mr. Richards gave the staff report. Mayor Lawrason opened the public hearing. Vicki Funfar, 13135 Golondrina Street, spoke in favor of the Christmas boutiques. She stated that she would like to see Minutes of the City Council Moopark, California Page 8 April 18, 1990 more than two signs allowed for the advertisement of the boutiques. Pat Basso, 3940 Southhampton Road, said she concurred with Mrs. Funfar. She recommended that the boutiques be allowed for 3 consecutive days, between 9 a.m.- 9 p.m. and the number of signs allowed be increased to eight and that the removal of the signs each evening not be required. Marjorie Blye, 4122 Oakcliff Drive, spoke in favor of the operation of boutiques and said that the limit on the number of signs is unfair to the customers and boutique owners. Mayor Lawrason closed the Public Hearing. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to approve the ordinance with the amendment that the number of signs was not to exceed eight and the sign size not to exceed 18 1'x 24 ". The motion was withdrawn. Councilmember Montgomery indicated that Section (B)(1)(k) concerning home occupations needed to be amended to delete "Not more than one room in the dwelling shall be used for home occupation purposes "... to be consistent with State statutes. Councilmember Harper indicated that he would abstain from any further discussion or voting as he had a business in his home. Mr. Kueny recommended that for clarity, storage be addressed in a separate section of the ordinance instead of in Section (B)(1)(k). MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to continue the item to the next meeting; the City Attorney to amend the ordinance language to make changes to Section (B)(1)(k). The motion carried 4 -0, Councilmember Harper abstaining. 10. COMMENTS FROM COUNCIL MEMBERS: A. Confirm Appointment to the Countywide Planning Advisory Committee (Continued Item 10.C. from 4/4/90). The Council directed that the City advertise for interested persons to fill the position and request a brief written statement from all applicants on their planning philosophy and why they are interested in the appointment. Mr. Kueny indicated that staff would bring back a policy on the procedure to be followed when there was a vacancy of a Council appointment to a board, committee, commission, district, etc. Minutes of the City Council Moopark, California Page 9 April 18, 1990 BY CONSENSUS: By consensus the Council determined to continue the item to the May 16, 1990 meeting. B. Consider participation on EIR Advisory Committee for California State University Campus in Ventura County. BY CONSENSUS: By consensus the Council determined to select Mayor Lawrason as the representative to participate on an advisory committee to the EIR revision process. C. Designate City Council representatives to Channel Counties Division of the League of California Cities. MOTION: Councilmember Harper moved that Mayor Lawrason be the representative and Councilmember Brown the alternate. Councilmember Harper withdrew the motion. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion that the Mayor of the City be the primary representative and Councilmember Brown the alternate. The motion carried by unanimous voice vote. D. Consider Council participation in Ventura County Drug and Alcohol Public Forum. Mayor Lawrason and Councilmember Perez indicated that they would be attending and would therefore represent the City. Councilmember Brown asked the citizens to please return their census forms. She also suggested the citizens should look carefully at their phone and gas bills and the Southern California Gas Company flyer. Mayor Lawrason said it was time for the City to move forward on refuse franchising. He directed that the Public Works Committee work with staff on this matter. Mr. Kueny indicated that the staff had held a meeting today and another was scheduled in two weeks. Mayor Lawrason said that he felt an improvement in ambulance service would be seen by May due to the changes being made by Pruner. 11. DISCUSSION /ACTION ITEMS: A. Consider Reporting Procedure for Citizen Aippointees. Staff Recommendation: Approve MOP #6. Minutes of the City Council Moopark, California Page 10 April 18, 1990 Ms. Kellerman gave the staff report. Councilmember Brown indicated that she would like to add #4 to the proposed MOP. 4. If neither the appointee nor alternate is in attendance at a meeting of the agency, authority, district, etc. or if the meeting is cancelled, that such will be reported to the Council by the appointee(s) as prescribed above. MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion to approve the staff recommendation with the recommended addition to MOP #6. The motion carried by unanimous voice vote. B. Consider Community Center Rental Fee Schedule. Staff Recommendation: Direct staff as deemed appropriate. Mr. Newhouse deferred to the Ad Hoc Council Committee on Community Center Fees. Councilmember Brown reported that the Council Committee had not reached a consensus and further discussion was needed. Mr. Kueny recommended that the current fee schedule be extended until May 16 and rentals occurring prior to May 16 be allowed under the current rules. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to approve the City Manager's recommendation, and to continue further committee discussion. The motion carried by unanimous voice vote. C. Consider a determination of Resolution No. 86 -318 related to a Development Proposal by Bollinaer Development Cory. Staff Recommendation: Determine that the project meets the criteria for clustering pursuant to Resolution 86 -318 and direct staff as deemed appropriate. Mr. Richards gave the staff report. Councilmember Harper indicated that a critical issue was whether the common area addressed by Resolution No. 86 -318 should be for public or private recreational use. He said that should be clarified. Minutes of the City Council Moopark, California Page 11 April 18, 1990 Councilmember Montgomery stated that any action taken by the Council tonight was not to be construed as an approval or disapproval of the project but would only allow Mr. Bollinger to submit an application. He indicated further that the legal owner of the property should be determined as he felt that was in question. Councilmember Brown said that she felt the project did not contain great enough public benefit and she could, therefore, not support it. In response to Mayor Lawrason, Mr. Bollinger said that the equestrian trail would be a public facility and the golf course semi - private. There would be a lower initiation fee for residents of Moorpark and a flat fee if they wanted to play on the golf course. Mr. Bollinger said the clubhouse restaurant would be open to the public but that it was not feasible to make the golf course public at this time. Councilmember Harper said he would like any future exhibits that came before the Council on this project to show clearly the public recreational use areas, land which could be developed vs. land which could not, and larger lots designated. In response to Councilmember Harper, Ms. Kane said that changing the enabling resolution was not a simple matter, it would amend the General Plan requiring a public hearing by both the Planning Commission and City Council. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to continue this item to the May 2, 1990 City Council meeting, clarification on the exhibit of the proposed recreation area and identification of the 5 acre lots on the southeast portion of the land, and clarification of the accessibility of the golf course to the citizens of Moorpark and the cost of that accessibility to be provided to the Council; the Council to be made aware of the legal owner of the property. The motion carried by unanimous voice vote. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to require a letter from Mr. Bollinger stating that he will pay for all staff time and costs expended on the project and additionally to deposit $2,500 to cover such costs. The motion carried by unanimous voice vote. Minutes of the City Council Moopark, California Page 12 April 18, 1990 D. Consider additional appropriation of funds for Annual Street Overlay Proiect. Staff Recommendation: Appropriate from Gas Tax and Los Angeles Avenue AOC. Mr. Gilbert gave the staff report. In response to Mayor Lawrason, Mr. Kueny indicated that a larger scope of work was completed than originally projected and included maintenance items as well. MOTION: Councilmember Brown moved and Mayor Lawrason seconded a motion to approve an additional appropriation from Fund 03 (Gas Tax) in the amount of $76,567 and an appropriation of $3,162 from Fund 27 (L.A. Avenue AOC) for the project. The motion carried by unanimous roll call vote. E. Consider outline for report on Water Conservation. Staff Recommendation: Receive and file. Mr. Kueny gave the staff report indicating that the staff would be bringing back a more detailed report to the Council at the next meeting. BY CONSENSUS: By consensus the Council determined to place the report under the special presentations portion of the next agenda and invite the Water Works District I Manager, Reddy Pakala, to be present. F. Consider organization and management review. Staff Recommendation: Approve report recommendations. Mr. Kueny gave the staff report. Councilmember Harper stated that the word processing and, computer networking sections of the Organization and Management Study should be stricken from the document before adopting the recommendations of the study. Councilmember Montgomery suggested assigning the Council Ad Hoc Committee on Computers the task of making recommendations on the computer portion of the Study at a future Council meeting. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to approve the Organization and Management Study recommendations with the exception of the computer sections; the Council Ad Hoc Computer Committee to replace that portion with a report. The motion carried by unanimous voice vote. Minutes of the City Council Moopark, California Page 13 April 18, 1990 G. Consider report on April 5 Police Community Awareness Program. Staff Recommendation: Direct staff as deemed appropriate. Sergeant Carpenter gave the staff report and stated that he felt the feedback from those in attendance was positive. MOTION: Councilmember Perez moved and Councilmember Brown seconded a motion to receive and file the report. The motion carried by unanimous voice vote. Mayor Lawrason stated there should be similar meetings in the future. H. Consider AB 4242 Concerning Establishing Regional Development Agency. Staff Recommendation: Oppose AB 4242. Mr. Kueny gave the staff report. After Council discussion of concerns with the legislation, the following motion was heard: MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to authorize the staff to draft a letter to the appropriate individuals and agencies stating opposition to the legislation as it is now proposed. 12. ORDINANCES: A. Consider adoption of Ordinance No.126. A proposed ordinance for the abatement of hazardous unreinforced masonry buildings. Councilmember Brown stated that she believed there are other ordinances that might have been considered and she will not to support the current ordinance. Mayor Lawrason indicated that if there is an ordinance that gives the same results, but does not impact the building owners to the same extent, time should be allowed to review it. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to waive further reading and declare the ordinance adopted as read. The motion was withdrawn. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion that minimum mitigation efforts should be to give property owners notice of the unreinforced masonry ordinance to follow. The motion carried by unanimous voice vote. Minutes of the City Council Moopark, California Page 14 April 18, 1990 MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to have a revised version of the ordinance come back to the Council at the next meeting. The motion carried by unanimous voice vote. 13. FUTURE AGENDA ITEMS: Councilmember Brown said she wanted a report on the public relations program for the City's bus system. Councilmember Harper said he wants to have a graffiti abatement policy in place by the time the graffiti equipment arrives. Mayor Lawrason said he would like a progress report on the Sphere of Influence study. The City Manager asked for clarification as to whether the March 21, 1990 minutes approved under the consent calendar were the amended minutes. CONSENSUS: By consensus, the Council determined they had approved the minutes as amended. 14. CLOSED SESSION: Councilmember Harper moved and Councilmember Brown seconded a motion to adjourn to Closed Session for discussion of the following items: C. Potential litigation pursuant to Government Code Section 54956.9(c). D. Litigation concerning City of Moorpark vs. Moorpark Unified School District. I. 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. J. Litigation concerning Pacific Bell vs. State Board of Equalization et al. The voice vote was unanimous. Minutes of the City Council Moopark, California Page 15 April 18, 1990 AT THIS POINT in the meeting, Mayor Lawrason declared a 10 minute recess. The meeting reconvened into Closed Session at 12:07 a.m. Present in Closed Session were all Councilmembers; 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 meeting at 12:16 a.m. The Meeting reconvened into open session at the hour of 12:48 a.m. City Manager Kueny advised there was no action to report as a result of the Closed Session and all items which were identified for Closed Session had been discussed. 15. ADJOURNMENT: MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion to adjourn the meeting. The voice vote was unanimous. The time of adjournment was 12:48 a.m. .ti Paul W. Lawr Jr., Mayor ATTEST: