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HomeMy WebLinkAboutMIN 1990 1017 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California October 17, 1990 A Regular Meeting of the City Council of the City of Moorpark was held on October 17, 1990 in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Perez called the meeting to order at 7:25 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Lawrason led the Pledge of Allegiance. 3. ROLL CALL: Councilmembers Brown, Lawrason and Montgomery, and Mayor Perez. ABSENT: Councilmember Harper Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Pat Richards, Director of Community Development; Phil Newhouse, Director of Community Services; Ken Gilbert, Director of Public Works; Don Reynolds, Management Analyst; Lt. Rodriguez, Sheriff's Department; John Knipe, City Engineer; Cheryl Kane, City Attorney; Debbie Traffenstedt, Senior Planner; Paul Porter, Senior Planner; Lillian Kellerman, City Clerk 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: The introduction of City employee, Colleen Daleske, was made by the City Clerk. Mr. Kueny said that the City had received a $50.00 donation from the One More Time Senior Thrift Shop for the Senior Survival Mobile. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: MOTION: Councilmember Brown moved and Councilmember Lawrason seconded a motion to add as item 11.G., Consideration of Cleaning of the Flood Area of the Arroyo Simi, need having arisen since the posting of the agenda. The motion carried by voice vote 4 -0, Councilmember Harper absent. Minutes of the City Council Moorpark, California Page 2 October 17, 1990 MOTION: Councilmember Montgomery moved and Councilmember Brown seconded a motion to add as item 11.H., An Agreement with CalTrans for Landscaping on the North Side of Los Angeles Avenue between Maureen Lane and Gabbert Road, need having arisen since the posting of the agenda. The motion carried by voice vote 4 -0, Councilmember Harper absent. 6. PUBLIC COMMENT: Connie Lawrason, 4291 Ambermeadow Street, gave a status report from the Citizen's Transportation Advisory Commission. She outlined the presentations that had been given at the September and October CTAC meetings. Mrs. Lawrason also stated that the recent street cleaning on Peach Hill Road was not adequately done. Don Griner, 363 Shasta Avenue, spoke regarding item 11.B. He expressed concern about how long this compressor is going to be allowed to run. He believes it should be put back inside the building. Elaine Cordeau, 4591 Fern Valley Court, spoke protesting the actions in her store of another resident who was a member of the campaign group to elect Paul Lawrason as Mayor. Tom Thompson, 12623 Hillside Drive, spoke representing the Presbyterian Church. He expressed concern over the grading plan and said he would like the City Council to consider the refund of AOC funds when the time is right. Councilmember Montgomery said he thought the refund of AOC funds was retroactive. Mr. Kueny stated that he would review the Council action but that the Presbyterian Church was in the Tierra Rejada AOC and not the same AOC as Grace Chapel. Gary White, 4416 Skyglen, stated that he supports what Tom Thompson had stated. 7. COMMITTEE REPORTS: Councilmember Brown spoke regarding the future of the commuter railway system in Moorpark. She indicated that there will be a demonstration program held in the near future. Minutes of the City Council Moorpark, California Page 3 October 17, 1990 Councilmember Montgomery stated that at a recent meeting of the Ventura County Waste Commission an action was taken to amend the bylaws to compensate commissioners in order to encourage attendance at the meetings. He added that one of the companies serving Moorpark, G. I. Industries, had made a presentation at this meeting. 8. CONSENT CALENDAR: (Roll Call Vote) MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to pull item 8.K. from the Consent Calendar for individual consideration and approve the balance of the Consent Calendar. The motion carried by roll call vote 4 -0, Councilmember Harper absent. A. 14 C. Consider Approval of Minutes of the Special City Council Meeting of September 19, 1990. Consider Approval of Minutes of the Regular City Council Meeting of September 19, 1990. Consider Approval of Minutes of the Special City Council Meeting of September 26, 1990. Staff Recommendation: Warrant Register 1989/90 Manual Warrants 1990/91 Manual Warrants 12551 Approve minutes as processed. 12543 - 12550, 12552, 12669 -12706 $ 13,150.00 $ 82,065.38 Warrants 12712 - 12722, 12723 voided, 12724 - 12736, 12737 voided, 12738 - 12760, 12761 voided, 12762 - 12786 $184,461.48 Consider Review of McDonald's Initial Traffic Imnact Evaluation. Staff Recommendation: Receive and file. Minutes of the City Council Moorpark, California Page 4 October 17, 1990 D. Consider DP 302 (Woodcrest) - Acceptance. Staff Recommendation: Accept as complete and exonerate the bonds. E. _Consider Application of City of Diamond Bar to SCJPIA. Staff Recommendation: Receive and file. F. Consideration of Bids for Street Striping Services. Staff Recommendation: Award contract and authorize a contract contingency. G. Consider City Participation in Greater Avenues for Independence (GAIN) Pre - Employment Preparation. Staff Recommendation: Authorize staff to submit application materials and establish the City of Moorpark as a GAIN training site. H. Consider Waiver of Fee for Candidates Forum. Staff Recommendation: Waive fees for requested candidates forum and provide cable coverage. I. Consider Authorization for City Manager to Execute Contract for Minor Asphalt Repairs (Tierra Rejada and Grimes Canyon Road). Staff Recommendation: Authorize City Manager to sign contract. J. Consider Bids for the Purchase of a Dump Truck. Staff Recommendation: Approve low bid and authorize procurement. L. Consider Reimbursement of Los Angeles Avenue Area of Contribution (AOC) Funds to TOPA (PD -1064) Staff Recommendation: Authorize Los Angeles Avenue AOC to TOPA for $26,096. M. Consider Request for Environmental Impact Reports from Moorpark College. Staff Recommendation: Receive and file. The following item was pulled from the Consent Calendar for individual consideration: K. Consider Status Report on Highway 118 Westerly Extension. Staff Recommendation: Receive and file. Councilmember Brown and Mayor Perez indicated that personal contact from the Council might be helpful in meetings with Caltrans on the Route 118 extension. Minutes of the City Council Moorpark, California Page 5 October 17, 1990 MOTION: Councilmember Brown moved and Mayor Perez seconded a motion to receive and file the report as amended to include contact with Caltrans by Mayor Perez and Councilmember Brown. The motion carried by voice vote 4 -0, Councilmember Harper absent. 9. PUBLIC HEARINGS: A. Consider Carlsberg Specific Plan. Staff Recommendation: Approve the Specific Plan and certify the Environmental Impact Report (Continued Item 11.A. from 9/19/90). Mr. Richards gave the staff report. Mr. Agajanian, Agajanian and Associates, briefly discussed the Carlsberg Specific Plan Feasibility Analysis. Mayor Perez noted that the public hearing was still open. Ron Tankersley, 2800 28th Street, Santa Monica, addressed the Council and stated that Carlsberg Financial Corporation has no new factual information to submit at this time. Pat Basso, 3940 Southhampton Road, related that she still has concerns about the project. She believes that Science Drive should be four lanes and hopes that a type of trees can be planted on the hillside that will not cause the hillside to become overgrown. Councilmember Brown indicated that there are xeriscape plants available that would be good plantings there. AT THIS POINT in the meeting, Mayor Perez called a recess. The time was 8:45 p.m. The meeting reconvened at 8:55 p.m. Tom Thompson, 12623 Hillside Drive, spoke stating that he does not want his taxes raised due to this project. Wally Todd, P. O. Box 7, agreed with Tom Thompson. He also indicated that developers who are willing to come into the community should be willing to provide the appropriate infrastructure to meet the future needs created by their project. Minutes of the City Council Moorpark, California Page 6 October 17, 1990 Janet LeMasurier, 4290 Laurelhurst Road, thanked the members of the City Council for returning her calls regarding this project. She stated that she would like to see more emphasis given to the Planning Commission recommendations thereby allowing the City Council more time for other issues. She would also like to see Science Drive as four lanes and expressed support for a footbridge crossing Spring Road at the Arroyo Simi. MOTION: Councilmember Montgomery moved and Councilmember Brown seconded a motion to certify the Environmental Impact Report; a resolution to come back adopting the appropriate findings as per the staff recommendation; the public hearing on the Specific Plan to be continued to a Special Meeting to be held October 24, 1990 at 7:00 p.m. The motion carried by voice vote 4 -0, Councilmember Harper absent. BY CONSENSUS: By consensus the Council determined to hear items 9.B. and 9.C. together. B. Consider Mission Bell Plaza Commercial Planned Development Permits 89 -1 and 89 -2. Tentative Parcel Map LDM 89 -2, Greenleaf Apartment Proiect Residential Planned Development Permit 89 -1. Staff Recommendation: Consider additional information from consultant, staff and applicant. (Continued Item 9.C. from 9/19/90) C. Consider General Plan Amendment No. GPA -90 -3 to Revise Circulation Element to Delete a Segment of Gisler Avenue (Liberty Bell Road) to Avoid Having this Roadway Directly Connect Los Angeles and Poindexter Avenues. Staff Recommendation: Planning Commission recommended that the City Council approve an amendment to the Circulation Element to change Gisler Avenue to Liberty Bell Road and to identify that Liberty Bell Road shall not serve as a direct connector road between Los Angeles and Poindexter Avenues. Mr. Richards introduced Eric Sakowiecz, representing Impact Sciences, the City's contract planner for this project. Mr. Sakowiecz made general comments with regard to the overall project and addressed questions that have been presented at the past Planning Commission and City Council meetings. Minutes of the City Council Moorpark, California Page 7 October 17, 1990 Debbie Traffenstedt gave the staff report for this item stating that the final EIR that is presented this evening addresses the Greenleaf apartment project. She indicated that the Council has the option to deny without prejudice the original application of the apartment project and that would then allow the General Plan Amendment of the circulation element to be processed in conjunction with a revised Greenleaf residential project. Mayor Perez closed the Hearing on the Environmental Impact Report. He called for speakers from the applicant's representatives. Stephen Bosetti, 1990 South Bundy Drive, Los Angeles, spoke regarding the connection of the Town Center and the proposed commercial center. He said he has seen a preliminary sketch of the two centers joined. It will require his firm to move back the commercial about 7 feet which is acceptable. However, he cannot support the closure at Park Lane because it blocks any access to the commercial in the rear. Ken Macleod, 169 Teloma Drive, Ventura, presented a modified drawing that reflected the relocation of Shop No. 1 closer to Los Angeles Avenue and the access to the other shopping center is now shown as a straight line. Mr. Macleod said that relative to the City Engineer's Condition 37 - the Completion of Traffic Signals and Intersection Improvements Prior to Occupancy - their request is that they be allowed to bond for the signal at Park Lane and that they would have a specific time to accomplish that in context with other items that will be going on. Mr. Macleod requested that with regard to Item 5.G., Modified Conditions 20, 21, 22, the consultants be allowed to work with City Staff to work out a pro -rata monetary amount based on the amount of traffic that this project will impact those intersections as compared to the full impact of cumulative projects. Mr. Macleod also indicated that the rear elevations to the commercial development have been redesigned to show the same architectural treatment as the front of the buildings. Minutes of the City Council Moorpark, California Page 8 October 17, 1990 Mr. Bosetti presented modified drawings of the rear elevations. Barbara Shultz, 116 Sierra Avenue, spoke expressing her concerns about the project. Doug Frazier, 237 Sierra Avenue, agreed that the developer has worked with the residents very diligently to meet their desires and needs. He is pleased with the final plans. Mela Cano, 148 Sierra Avenue, stated her concerns about the impact that this project will have on her neighborhood. Sylvia Whitaker, 461 Cornett, said her main concern is the traffic on Poindexter that may be routing through the residential area. Eric Sakiewisc, representing Impact Sciences, gave a presentation responding first to the comments from Councilmembers, and, secondly, responding to written and oral testimony that has been heard at past Planning Commission and Council meetings. MOTION: Councilmember Brown moved and Councilmember Lawrason seconded a motion to certify the Environmental Impact Report for Mission Bell Plaza and Greenleaf Apartment Project (CPD 89- 1, 89 -2, LDM 89 -2, RPD 89 -1) ; a resolution to come back adopting the findings. The motion carried by voice vote 4 -0, Councilmember Harper absent. AT THIS POINT in the meeting a recess was declared. The time was 11:00 p.m. The meeting reconvened at 11:20 p.m. In response to Council questions, Ms. Kane stated that with regard to item 9.C., the Council would not be able to take action since the environmental review is not complete. She recommends continuing the item off - calendar because any revisions to the environmental document will undoubtedly be done with a resubmittal of the residential portion of the project and would be brought back at the same time. Mayor Perez closed the public hearing on Item 9.B. Minutes of the City Council Moorpark, California Page 9 October 17, 1990 Mr. Knipe responded to questions contained in Macleod Construction's letter dated October 10, 1990 regarding the acceleration and deceleration lane proposed along L.A. Avenue. BY CONSENSUS: By consensus the Council agreed to a condition allowing for the acceleration /deceleration lane for east bound traffic to go south on Liberty Bell by re- striping the proposed area on Los Angeles Avenue in front of the project. Mr. Knipe discussed the setback requirements along New Los Angeles Avenue. He said that the total of 38 feet from what would be the existing curb line would allow for a 30 foot setback at present which would potentially be reduced to 21 feet in the event Los Angeles Avenue is widened in the future. BY CONSENSUS: By consensus the Council agreed to a condition requiring the setback as outlined above. Mr. Knipe discussed the alignment of Liberty Bell. BY CONSENSUS: By consensus the Council determined to support the staff's recommendation on Condition 3 with the exception of the meandering sidewalk. BY CONSENSUS: By consensus the Council concurred with the City Manager's suggestion that in place of the meandering sidewalk there could be a parkway between the sidewalk and the curb for all street frontages. BY CONSENSUS: By consensus the Council determined that with regard to the upper commercial area, there needs to be some type of condition dealing with either temporary or permanent irrigation. BY CONSENSUS: By consensus the Council determined that Lassen and Sierra would not be connected by pavement, but that an emergency vehicle access and pedestrian access would be allowed. BY CONSENSUS: By consensus the Council determined that the Liberty Bell Road extension to Poindexter Avenue would not be made as part of the CPD. BY CONSENSUS: By consensus the Council determined not to approve the "knuckle" configuration at Liberty Bell and Lassen. Minutes of the City Council Moorpark, California Page 10 October 17, 1990 There was discussion of the traffic circle added between the medical building and the office building off Lassen. BY CONSENSUS: By consensus the Council determined that there would be no offsets for residential streets within the RPD that align with the above mentioned circle. There was discussion of the main entrance. The City Engineer recommended that the median be shifted to have two ingress and one egress lane. Mr. Kueny stated that if left turns were prohibited then there would be a double, double yellow line. BY CONSENSUS: By consensus the Council determined that there should be a double, double yellow line to prevent left turns in and out of the project. Mr. Nino Spondello of Ventura Pacific Capital offered to make a one time contribution of $100,000 in addition to paying the approximately $300,000 in air quality mitigation costs based on current standards. MOTION: Councilmember Montgomery moved and Councilmember Brown seconded a motion to direct staff to prepare the Statement of Overriding Considerations; applicant to make a one -time monetary contribution to the City's Traffic Management System Fund consistent with the "buy down" calculations given in the Environmental Impact Report, Appendix E, and applicant to make an additional contribution of $100,000; staff to prepare the resolutions of approval for the Tentative Parcel map LDM 89 -2 and CPD 89 -1 and CPD 89 -2 and to bring the resolutions back at the earliest possible date before November 17. The motion carried by voice vote 4 -0, Councilmember Harper absent. MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to direct staff to prepare a resolution to deny without prejudice RPD 89 -1 and to bring the resolution back for Council consideration at the earliest possible date. The motion carried by voice vote 4 -0, Councilmember Harper absent. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to continue consideration of item GPA -90 -3 off - calendar. The motion carried by voice vote 4 -0. Councilmember Harper absent. Minutes of the City Council Moorpark, California Page 11 October 17, 1990 0 Modification No. 1 (Shakibaum) . Staff Recommendation: Direct staff to prepare resolution approving permit based on findings and recommended conditions of approval. Presentation of the staff report was waived. Mayor Perez opened the public hearing. George Shakibam, 6047 Tampa Ave., Tarzana, addressed the Council commenting on the monument sign for the shopping center. He said he feels the sign should be approved as it is. Mano Aaron, 4443 E. Rutgers, spoke against the development for environmental, traffic, and noise concerns. He asked that the permit be denied. Mayor Perez closed the public hearing. MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to direct staff to prepare a resolution to approve Major Modification 1 to Planned Development No. 897 based on findings and recommended conditions of approval with the sign being considered separately prior to occupancy by the applicant. The motion carried by voice vote 4 -0, Councilmember Harper absent. 10. COMMENTS FROM COUNCILMEMBERS: A. Consider Appointment to the County Arts Alliance Technical Advisory Committee. MOTION: Councilmember Brown moved and Mayor Perez seconded a motion to refer this item to the Moorpark Arts Committee. The motion carried by voice vote 4 -0. Councilmember Harper absent. B. Consider Nominations for the Agricultural Land Trust Advisory Committee. BY CONSENSUS: By consensus the City Council determined this item will be continued to the adjourned meeting of October 24, 1990. Minutes of the City Council Moorpark, California Page 12 October 17, 1990 11. ACTION /DISCUSSION: MOTION: Councilmember Montgomery moved and Mayor Perez seconded a motion to address items 11.B., 11.C., 11.G, and 11.H. at this point in the meeting and to continue Items 11.A, 11.D., 11.E. and 11.F. to the adjourned meeting of October 24, 1990. The motion carried by voice vote 4 -0, Councilmember Harper absent. A. Consider Code Enforcement Priorities and 9 Month Activity Report. Staff Recommendation: Direct staff as deemed appropriate and receive and file report (Continued Item 11.A. from 10/3/90) This item was continued to October 24, 1990. B. Consider DP 338 (Minor Modification No. 1) Request to Locate an Air Compressor Outside an Industrial Building in a Masonry Enclosure. Staff Recommendation: Receive and file. (Continued Item 11.D. from 10/3/90) MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion that the applicant not be allowed to operate the compressor outside the building, to deny the Minor Modification No. 1 to DP 338 and to direct staff to proceed with enforcement for cessation of operation of the compressor. The motion carried by voice vote 4 -01 Councilmember Harper absent. C. Consider Potential Relocation of CalTrans Maintenance Yard. Staff Recommendation: Oppose relocation to south side of New Los Angeles Avenue east of Science Drive Extension. MOTION: Councilmember Brown moved and Mayor Perez seconded a motion to oppose relocation of the CalTrans Maintenance Yard to south side of New Los Angeles Avenue east of Science Drive Extension. The motion carried by voice vote 4 -0, Councilmember Harper absent. D. Consider Revision of Clustering Relative to General Plan. Staff Recommendation: Direct staff as deemed appropriate. This item was continued to the October 24, 1990 meeting. Minutes of the City Council Moorpark, California Page 13 October 17, 1990 E. Consider Agenda Packet for Chamber of Commerce. Staff Recommendation: Direct staff as deemed appropriate. This item was continued to the October 24, 1990 meeting. F. Consider Peach Hill Park Turf Report. Staff Recommendation: Approve use of Bermuda seed and direct staff to prepare planting plan. This item was continued to the October 24, 1990 meeting. G. Consider Cleaning of the Arroyo Simi. MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion to direct staff to prepare a letter for the Mayor's signature to the Board of Supervisors expressing support for the clearing of vegetation from the Arroyo Simi. The motion carried by voice vote 4 -0, Councilmember Harper absent. H. Consider Agreement with CalTrans for Landscaping on the North Side of Los Angeles Avenue between Maureen Lane and Gabbert Road. MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to approve the agreement and authorize the Mayor to sign. The motion carried by voice vote 4 -0, Councilmember Harper absent. 12. ORDINANCES: A. Consider Second Reading and Adoption of Ordinance No. 132 - an ordinance pertaining to the requirement to install low -water consumption fixtures and devices in all new construction. Ms. Kane read the ordinance title. MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to read the ordinance title only. The motion carried by voice vote 4 -0, Councilmember Harper absent. MOTION: Councilmember Montgomery moved and Councilmember Brown seconded a motion to declare Ordinance No. 132 read for the second time and adopted as read. The motion carried by voice vote 4 -0, Councilmember Harper absent. Minutes of the City Council Moorpark, California Page 14 October 17, 1990 13. FUTURE AGENDA ITEMS: Councilmember Lawrason requested that the grading requirements for the Presbyterian Church be on a future agenda. Councilmember Brown requested that the building permit for the building at High Street and Moorpark Avenue be on a future agenda. She also stated that the property owner, Colin Velasquez, recently received a unreinforced masonry notice. Mr. Kueny suggested that the Committee (Councilmembers Brown and Harper) could address the situation and bring it forward to the full Council. 14. CLOSED SESSION: MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion to adjourn to Closed Session under all items listed below: 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. Litigation concerning the Moorpark Mosquito Abatement District vs. City of Moorpark. Minutes of the City Council Moorpark, California Page 15 October 17, 1990 ` J. Litigation concerning Colonial Mortgage vs the City of Moorpark K. Negotiations for Real Property at 289 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54945.8 L. Negotiations for Real Property on Los Angeles Avenue (East) pursuant to Government Code Section 54945.8. The motion carried by voice vote 4 -0, Councilmember Harper absent. AT THIS POINT in the meeting a recess was declared the time was 2:15 a.m. The meeting reconvened into Closed Session at 2:27 a.m. Present in Closed Session were Councilmembers Brown, Lawrason, Montgomery and Mayor Perez; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Pat Richards, Director of Community Development. Councilmember Harper was absent. Mr. Richards left the Closed Session at 2:39 a.m. The meeting reconvened into Open Session at 2:55 a.m. Mr. Kueny advised that there was no action to report as a result of the Closed Session and only items 14.A., 14.C., 14.J. and 14.K. were discussed. 15. ADJOURNMENT: MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion to adjourn to Wednesday, October 24, 1990 at 7:00 p.m. The motion carried by voice vote 4 -0, Councilmember Harper absent. The time was 3:00 a.m. /ATTEST, 7 //77 Gillian E. Kellerman, City C1 .--7 Pau W. Lawr on Jr., Mayor 0 L