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HomeMy WebLinkAboutMIN 1990 0801 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California August 1., 1990 A Regular Meeting of the City Council of the City of Moorpark, California was held on August 1, 1990 in the Council Chambers of City Hall of said City, located at 799 Moorpark Avenue, Moorpark, California. 1. 2. 3. 4. CALL TO ORDER: Mayor Perez called the meeting to order at 7:27 p.m. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Montgomery. ROLL CALL: Present: Councilmember Brown, Harper, Lawrason, Montgomery, and Mayor Perez. Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Pat Richards, Director of Community Development, Ken Gilbert, Public Works Director; Phil Newhouse, Director of Community Services; Susan Cauldwell, Assistant to the City Manager; John Knipe, City Engineer; Debbie Traffenstadt, Senior Planner; Paul Porter, Senior Planner; Lillian Kellerman, City Clerk; Dorothy Vandaveer, Deputy City Clerk. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Presentation of a 1990 Fair Poster from the 31st District Agricultural Association. The Council was presented a 1990 Ventura County Fair Poster. B. Proclamation to recognize California's Energy Awareness Month. Mayor Perez stated that no representative was present to receive the proclamation but it would be mailed. 5. RE Minutes of the City Council Moorpark, California Page 2 August 1, 1990 C. Presentation of Plaque in Appreciation of Service for Senior Deputy David Lea. Councilmember Harper presented the City of Moorpark plaque to Senior Deputy David S. Lea, Ventura County Sheriff's Department. He also read a short biographical summary of Deputy Lea's accomplishments as Community Services Officer and expressed the deep gratitude that the community has for the good work and dedication shown by Officer Lea. Deputy Lea summarized his service in that capacity as being one of great personal gratification and thanked all who contributed to the success of the DARE progam. D. Introduction of new Community Services Officer, Senior Deputy Richard Barber. Lieutenant Richard Rodriguez, from the Ventura County Sheriff's Department, introduced the new Community Services Officer, Senior Deputy Richard Barber. He welcomed Deputy Barber to the program and provided a summary of his past experience and qualifications. E. Proclamation to recognize the U.S. Naval Reserve of Santa Barbara for its 75th Anniversary. Mayor Perez stated that no representative was present to receive the proclamation but it would be mailed. REORDERING OF, AND ADDITIONS TO, THE AGENDA: MOTION: Councilmember Brown moved and Mayor Perez seconded a motion to adjourn the meeting in honor of David Guiterez, who had died. The motion carried by unanimous voice vote. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to reorder the public hearing items as follows: 9.A., 9.D., 9.F., 9.B.,9.C., 9.E. The motion carried by unanimous voice vote. PUBLIC COMMENT: Jim Hartley, 5950 Gabbert Road, spoke regarding funds that have been expended on the items of litigation with which the City is involved. He indicated that the funds are needed elsewhere and that further litigation should be avoided. 7. 8. Minutes of the City Council Moorpark, California Page 3 August 1, 1990 Bill Poleri, 300 Moorpark Avenue, #203, spoke as the Secretary/ Treasurer of the Moorpark Arts Committee. He stated his desire that Item 11.F., Donation to the Moorpark Arts Committee, be approved by the Council. Lynn Crockatt, 13768 Christian Barrett Drive, spoke as Chairman of the Parks & Recreation Commission. He requested that Item 11.G., Adding Fourth Tennis Court, Lights for Tennis Courts and Eliminating Basketball Court at South Meadows Park, be sent back to the Parks and Recreation Commission for further consideration before the City Council takes any action. COMMITTEE REPORTS: Councilmember Brown stated that with regard to her discussions with Ventura County, animal regulation service will be increased in the City. CONSENT CALENDAR: (Roll Call Vote) MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to pull item 8.F. from the Consent Calendar and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of the Special City Council Meeting of June 13, 1990. Consider Approval of Minutes of the Regular City Council Meeting of June 20, 1990 B. Warrant Register. 1989/90 Manual Warrants Warrants 1990/91 Manual Warrants Warrants 12082 & 12085 12171, 12172, 12177, 12186, 12194, 12197, 12205, 12207, 12211, 12214, 12223, 12224 $ 12,768.24 12176, 12191, 12200, 12209, 12221, $ 73,302.71 12080 -12084 & 12086 $ 37,763.66 12170, 12171, 12173 - 12175, 12178- 12185, 12187- 12190, 12191 - 12199, 12201 - 12210, 12212, 12213, 12215 - 12223, 12225 $ 82,603.12 Minutes of the City Council Moorpark, California Page 4 August 1, 1990 C. Reconfirm Action taken on July 11, 1990 to provide Interim Funding for the Senior Nutrition and Literacy Programs and Waive Fees for Use of Community Center Parking Lot for the Environmental Coalition's Clean -up Day on July 21, 1990. Staff Recommendation: Reconfirm action taken July 11, 1990. D. Consider the Restriction of Overnight Parking on a Portion of Campus Park Drive East of Marquette and Adopt Resolution No 90 -702. Staff Recommendation: Adopt Resolution No. 90 -702. E. Consider Request for Overnight Travel Approval for the Finance Officer to Attend Financial Management Training in Stockton. Staff Recommendation: Approve overnight travel request. G. Consider Authorization to Advertise for Bids - Los Angeles Avenue Widening (West). Staff Recommendation: Authorize advertisement for bids for construction of the Los Angeles Avenue Widening (West). H. Consider Parks and Recreation Commission Special Events Program for FY 1990191. Staff Recommendation: Receive report and file. I. Consider Extension of Ventura County Cablevision Franchise. Staff Recommendation: Approve extension to November 8, 1990. J. Consider Approval of Contract Amendment for Accounting Services. Staff Recommendation: Approve contract and authorize City Manager to execute documents. K. Consideration of Bids for Tierra Rejada Road Median Landscaping. Staff Recommendation: Award contract to Classic Construction. L. Consider Request by Ventura Chapter of the Red Cros to Waive Fees for Use of the Community Center for Training Classes for the Moorpark Disaster Action Team. Staff Recommendation: Waive Community Center Rental Fees, except for certain direct staff costs, for Disaster Action Team Training. a Minutes of the City Council Moorpark, California Page 5 August 1, 1990 The following item was pulled from the Consent Calendar for individual consideration: F. Consider Proposed Agreement between Cu City Investors and West America Corti Provide Landscaping and Sidewalk al Avenue. Staff Recommendation: Apprc agreements and authorize the Mayor documents. liver - Hayden and and the City to Qng Los Angeles )ve the proposed to execute the Mr. Kueny requested that the Council continue this item as the agreement has not yet been finalized. MOTION: Mayor Perez moved and Councilmember Harper seconded a motion to continue item 8.F. to the August 15, 1990 meeting. The motion carried by unanimous voice vote. PUBLIC HEARINGS: A. Consider Mission Bell Plaza Commercial Planned Development Permits 69 -1 and 89 -2 Tentative Parcel Map Lill[ 89-2,, Greenleaf Apartment Protect Residential Planned D6velopment Permit 89 -1. Staff Recommendation: Planning Commission recommends denial of the project and denial of certification of the EIR; Staff recommends approval of projects and certification of EIR as an adequate and complete description of the future environment to be brought about by the project. (Continued Item 9.C. from July 25, 1990) Mr. Richards gave the staff report. Elaine Freeman, 2509 E. Thousand Oaks Blvd., Thousand Oaks, spoke as the applicant's representative (Urban Strategies). She gave a status of what progress has been made on the project proposal and some of the issues that need to be discussed between the applicants and the City staff. Warren Cooley, spoke as a representative from EDCON, 2655 San Miguel Circle, Thousand Oaks. Mr. Cooley explained that his role was to conduct an economic benefit study for the proposed Mission Bell Plaza project. He briefly discussed the components of that study. Minutes of the City Council Moorpark, California Page 6 August 1, 1990 Steve Bosetti, of The Nadel Partnership, 1990 S. Bundy Drive, Los Angeles, gave a comparison and contrast of the two composite plans (the previous one and the one being currently presented) for the Mission Bell Plaza project. Robert Warren, Ramseyer & Associates, 1881 Knoll Drive, Ventura, spoke regarding drainage and grading evaluations that have been made. He also reviewed the Environmental Impact Report (EIR) with regard to traffic, intersections and lane configurations being proposed. Paul Jordan, 3350 Loma Vista Road, Ventura, spoke as the landscape architect for the proposed project. He discussed the modifications that have been made along the property line, and that they are proposing 30 feet of landscape area on the Los Angeles Avenue side with a 6 ft. meandering sidewalk. He also described the entry statement. Steve Bosetti, of the Nadel Partnership, 1990 S. Bundy Drive, Los Angeles, resumed speaking to address specific conditions of approval that have been identified by the City staff. Dug Smith, representing Shell Oil Co., 4332 Forest Oaks Drive, Thousand Oaks, stated his concern that if the driveway to the retail center is relocated away from the service station, it will hurt the business at the station. Lynn Cathcart, of Superior Electrical Advertising, 1400 Estelle Lane, (city not listed) , commented on the signage for the retail center. Ken Macleod, Macleod construction, 4262 Telegraph Road, Ventura, generally commented that he would like to meet with the committee and discuss different possibilities and bring to a conclusion the conditions for approval for the commercial as well as the residential portion of the proposed project. Sylvia Whittaker, 461 Cornett, stated that she is concerned with increasing traffic on Poindexter Avenue and the capability of the sewer system to accommodate the increased demand if the proposed project is approved and built. Minutes of the City Council Moorpark, California Page 7 August 1, 1990 Doug Frazier, 237 Sierra, expressed concerns regarding worsening air quality if Mission Bell Plaza is constructed. Barbara A. Schulz, 116 Sierra Avenue. indicated her dislike of having a restaurant west of Liberty Bell Road and she indicated she didn't like the location of the proposed child care center. Kathleen Lopez, 37 Shasta, said she is concerned that the plans now being presented are so different from the original ones that citizens viewed. Darrell Sneed, 11919 Silvercrest Street, expressed support for the retail shopping area of the Mission Bell Plaza. AT THIS POINT in the meeting a 25 minute recess was declared. The Council reconvened at 9:45 p.m. Councilmember Brown indicated that she was uncomfortable with the two projects being considered as one. Councilmember Harper said that the circulation of the projects can be looked at together and perhaps one part of the project could move ahead while problems are being resolved for the other project. Mayor Perez expressed concern with the impacts reviewed in the Environmental Impact Report if the upper commercial area were expanded. Councilmember Montgomery said he was concerned about air quality and felt that the size of the commercial should be reduced. Councilmember Brown indicated that lowering the number of units in the northern end of the project would help eliminate air quality concerns. Councilmember Lawrason stated that access to the project should be looked at carefully and a determination made on what was best for the City. Councilmember Harper noted that a time extension was needed from the applicant. Minutes of the City Council Moorpark, California Page 8 August 1, 1990 MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to continue the public hearing open until the August 15, 1990 meeting; the City Attorney to work with applicants attorney on a time extension. The motion carried by unanimous voice vote. D. Consider the Formation of a Communities Facilities District under the Authority of the Mello -Roos Community Facilities Act of 1982 for Paramedic and Ambulance Services. Staff Recommendation: Consider Resolution No. 90 -703 forming the District. Ms. Cauldwell gave the staff report. Councilmember Montgomery said he didn't think the formation of the Communities Facilities District would guarantee response times of less than 10 minutes. Councilmember Lawrason said he believed all the alternatives had not yet been explored including working with the present provider to increase response times. He also stated that he was concerned with the cost of the district. Jim Hartley, 5950 Gabbert Road, asked the City Council to support a training program for the community for cardiopulmonary resuscitation and first aid. Harvey Plaks, 4957 Mira Sol, spoke against the development of the special paramedic district. He said he believes the current provider can improve service at a fraction of the cost it will take to implement a new district. Linda Plaks, 4957 Mira Sol, said that she believes a special ambulance and paramedic district is premature. She said the present contract should be negotiated for better response time. Lynn Crockatt, 13768 Christian Barrett Drive, said he does not support the ambulance and paramedic district because the financial impact is too great. Connie Lawrason, 4291 Ambermeadow Street, stated that the committee has not investigated other alternatives in enough depth and that the Board of Supervisors have not even been contacted which may open the City up for litigation. Minutes of the City Council Moorpark, California Page 9 August 1, 1990 Don Pruner, of Pruner Ambulance Service, 72 Moody Court, Thousand Oaks, said he is present to answer any questions that may need to be answered. Nancy DeLegge, 51 Majestic Court, stated that she has a strong commitment to improve the ambulance service, but she cannot support the formation of the district at this time. Mike Horowitz, 619 Fitch Avenue, indicated that the formation of the district will overtax the citizens. Linda Jarvis, 4170 N. Cedarpine Lane, expressed her opposition to the formation of the Ambulance and Paramedic District at this time. Mayor Perez closed the public hearing. Councilmember Montgomery said the Council all wanted to reduce response time but he could not support the almost $900,000 for the district. Councilmember Brown indicated that she and the City Manager met with the Ventura County Board of Supervisors in October 1989 and were told that Moorpark was only entitled to a 15 minute response time. Mayor Perez indicated his support for the District. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to approve the resolution of formation, Resolution No. 90 -704. The motion carried 3 -2, Councilmembers Lawrason and Montgomery dissenting. AT THIS POINT in the meeting a 15 minute break was declared. The Council reconvened at 12:55 a.m. F. Consider Carlsberg Specific Plan. Staff Recommendation: Consider approval of the Specific Plan and Certification of the Environmental Impact Report. Mayor Perez declared the public hearing open. Minutes of the City Council Moorpark, California Page 10 August 1, 1990 Ron Tankersley, 2800 28th Street, Suite 200, Santa Monica, stated that due to rising costs and the time elapsed since plans were first submitted, the project was not economically feasible without some changes. He said he would like to meet with the appropriate personnel and allow the process to continue with those changes being mutually agreed upon. Lynn Crockatt, 13768 Christian Barrett Drive, said the plans have been modified so much that the developer is not getting what he needs out of it. He said a meeting with the full Council is a good idea. Ed Alberts, 4007 Weeping Willow, said he is not in favor of a development of this size being in the City of Moorpark. Roy Brown, 4675 Bella Vista Drive, indicated that he is concerned that the open space will disappear with this development. Kevin Mauch, 13906 Keisha Drive, said he is concerned that communications stay open allowing the residents to work with the developer. Linda Jarvis, 4170 N. Cedarpine Lane, had written a statement for Lynn Crockatt to read in her absence. It expressed her desire to sit down with Carlsberg and work out the differences between the citizens and the developer. Marjorie Blye, 4122 Oakcliff, said she has concerns with the Environmental Impact Report findings. She suggested the formation of a citizens committee to work on the project. Pat Basso, 3940 Southhampton Road, stated that her primary concerns are of an environmental nature. She also indicated that a new library should be included in the project. Sally Slanker, 13763 Gunsmoke, agreed that a citizens committee is a good idea. Janet Lynn LeMasurier, 4290 Laurelhurst Road, said some of the naturalness and hills should be preserved in the City. Minutes of the City Council Moorpark, California Page 11 August 1, 1990 Dan Wallman, 4210 Laurelhurst Road, presented a petition against approval of the project. JoAnn Kula, 13758 Grand Isle, said we should all stop and smell the roses. Elaine Cordeau, 4591 Fern Valley Court, said there are already too many homes for sale in Moorpark. She does not understand why a new project with more new homes is being considered. Patrick Boden, 4549 Fern Valley Court, spoke in favor of a citizens' committee. Doug Frazier, 237 Sierra, expressed concerns with with the project impacts. Wally Todd, P. O. Box 7, said an applicant has a right to submit a proposal and the City has a right to modify it, but the developer usually only wants it their way. Roger Mortara, 13631 Bear Valley Road, spoke in favor of a citizens' committee. After Council discussion about referring the item to committee and meeting with interested citizens groups prior to the next meeting, the following motion was heard: MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to continue the item to Monday, August 13, the public hearing to remain open; the Council Community Development Committee to meet prior to the meeting and meet with any interested citizens groups. The motion carried by unanimous voice vote. B. Consider a Reguirement to Install Low -Water Consumption Fixtures and Devices in all New Construction. Staff Recommendation: Introduce ordinance no. r9$. (Continued Item 9.D. from July 25, 1990) MOTION: Councilmember Montgomery moved an Councilmember Lawrason seconded a motion to continue the item to August 15, 1990. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 12 August 1, 1990 C. Consider Proposed Amendments to Moorpark Zoning Code to Require that Applicable Projects are Consistent with the Ventura County Hazardous Waste Management Plan's Siting Criteria for Hazardous Waste Facilities. Staff Recommendation: Direct staff to incorporate proposed zoning code changes into the County Zoning code which is under consideration for City adoption. (Continued Item 9.E. from July 25, 1990) MOTION: Councilmember Montgomery moved and Councilmember Brown seconded a motion to continue the item to August 15, 1990. The motion carried by unanimous voice vote. E. Consider the Formation of the Tierra Rejada Road Reconstruction Project Area of Benefit for the Reconstruction of Tierra Rejada Road between Spring Road and State Route 23. Staff Recommendation: Direct staff as deemed appropriate. Mayor Perez declared the public hearing open. Gary Norris, 7385 Santa Rosa Rd., Camarillo, of the Camrosa Water District, addressed the Council stating that the development should pay and not the water district. Mr. Kueny asked Mr. Norris, by what authority the Camrosa Water District facilities are within the right -of -way of the Tierra Rejada Road. Mr. Norris said he was unable to locate an easement but the water line had been constructed in the 1960's. Allen Camp, One Board Walk, Thousand Oaks, representing Carlsberg said that he had submitted a letter of protest against the Formation of the Area of Benefit. Mayor Perez closed the public hearing. Ms. Kane clarified that as there was more than a 50% protest by the landowners, that left no recourse but for the City Council to terminate the proceedings. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to terminate the proceedings. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 13 August 1, 1990 10. COMMENTS FROM COUNCIL MEMBERS: None. 11. ACTION /DISCUSSION ITEMS: BY CONSENSUS: By Consensus the Council determined to continue the discussion /action items. A. Consider Proposed Supplemental Law Enforcement Services. Staff Recommendation: Direct staff as deemed appropriate. (Continued Item 11.D. from July 25, 1990) B. Consider Aerial Spraying within City Limits. Staff Recommendation: Direct staff as deemed appropriate. (Continued Item 11.G. from July 25, 1990) C. Consider Restroom Policy for City Parks. Staff Recommendation: Direct staff as deemed appropriate. D. Consider Removing Boulders from North Meadows Park Playground. Staff Recommendation: Remove boulders from playground. E. Consider Tabled Motion to Refer Draft Comprehensive Planning Ordinance to Committee. Staff Recommendation: Consider tabled motion. F. Consider $2,500 Contribution to Moorpark Arts Committee. Staff Recommendation: Direct staff as deemed appropriate. Roll call vote G. Consider Adding Fourth Tennis Court, Lights for Tennis Courts and Eliminating Basketball Court at South Meadows Park. Staff Recommendation: Direct staff as deemed appropriate. H. Consider Security System at Community and Senior Centers. Staff Recommendation: Approve installation of security system and appropriate $630 from Park Improvement Fund (Community Park portion) for Senior Center installation and $838 from General Fund reserve for Conference Room installation and 11 months maintenance of both locations. Minutes of the City Council Moorpark, California Page 14 August 1, 1990 12. ORDINANCES: A. Consider Second Reading and Adoption of Ordinance No. 127 - an ordinance pertaining to the abatement of hazardous unreinforced masonry buildings. Ms. Kane read the ordinance title. MOTION: Councilmember Harper moved and Councilmember Lawrason seconded a motion to waive further reading and read the ordinance in title only. The motion carried by unanimous voice vote. MOTION: Councilmember Harper moved and Councilmember Lawrason seconded a motion to declare Ordinance No. 127 read for the second time and adopted. The motion carried by unanimous voice vote. This action reconfirmed the action taken on July 11, 1990. B. Consider Second Readina and Adoption of Ordinance No. 129 - an ordinance to increase City Council Compensation to $300.00 per month. Ms. Kane read the ordinance title. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to waive further reading and read the ordinance in title only. The motion carried by unanimous voice vote. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to declare Ordinance No. 129 read for the second time and adopted. The motion carried by voice vote 3 -2, Councilmembers Brown and Lawrason dissenting. This action reconfirmed the action taken on July 11, 1990. 13. FUTURE AGENDA ITEMS: None. Minutes of the City Council Moorpark, California Page 15 August 1, 1990 14. CLOSED SESSION: MOTION: Councilmember Montgomery moved and Councilmember Brown seconded a motion to adjourn to Closed Session 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 Ventura County Community College District vs. City of Moorpark. G. Litigation concerning the County of Ventura vs. City of Moorpark. H. 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. I. Negotiations for Real Property at 289 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54945.8 J. Litigation concerning the Moorpark Mosquito Abatement District vs. City of Moorpark. K. Litigation concerning Colonial Mortgage vs. City of Moorpark. L. Negotiations for Real Property for portion of Moorpark College (Ventura County Community College District) pursuant to Government Code Section 54945.8. The motion carried by unanimous voice vote. AT THIS POINT in the meeting a five minute recess was declared. The meeting reconvened into Closed Session at 3 :30 a.m. Minutes of the City Council Moorpark, California Page 16 August 1, 1990 Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; and Cheryl Kane, City Attorney. The meeting reconvened into Open Session at 3:54 a.m. Mr. Kueny stated there was no action to report out of Closed Session and only 14.B., 14.D., and 14.E. were discussed. 15. ADJOURNMENT: MOTION: Councilmember Harper moved and Councilmember Lawrason seconded a motion to adjourn the meeting to Monday, August 13, 1990 at 6:30 p.m. The meeting was adjourned in honor of David Guiterez, deceased at 3:55 a.m. The motion carried by unanimous voice vote. 9 Y�A Bernardo M. Perez, Mayor ATTEST: