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HomeMy WebLinkAboutMIN 1990 1107 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California November 7, 1990 A Regular Meeting of the City Council of the City of Moorpark was held on November 7, 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 7:10 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Brown. 3. 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 Traffenstedt, Senior Planner, Lillian Kellerman, City Clerk; and Dorothy Vandaveer, Deputy City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: Mayor Perez introduced the City's new Code Enforcement Technician, Mario Riley. Mr. Richards gave a short biographical summary of Mario's experience and background. Mr. Riley stated that he is looking forward to contributing to the City's Code Enforcement Program. Rochelle Stevens of the Area Housing Authority was not present to speak until later in the meeting. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 6. PUBLIC COMMENT: Mike Horowitz, 619 Fitch Avenue, stated that trucks need a place to park and that overnight truck parking on the streets in Moorpark should not be restricted. Minute of the City Council Moorpark, California Page 2 November 7, 1990 Mitch Kahn and Ken Macleod, said they were available to answer questions on the Mission Bell project. Bob Crockford, 7189 Walnut Canyon Road, paid tribute to Councilmember Harper for all his service to the City. Barbara Shultz, 116 Sierra Avenue, congratulated Mayor Lawrason on his election and asked when the zone change occurred for the property Mission Bell Plaza was to be built on. Mr. Richards said that the City has inquired of the County, who have not yet been able to provide an answer. Rochelle Stevens, Deputy Director of the Area Housing Authority, addressed the Council and citizens regarding the mission and service provided by the Area Housing Authority. 7. COMMITTEE REPORTS: Councilmember Brown said she had attended a meeting of the Ventura County Transportation Commission on November 2nd and feels it is necessary that the citizens of Moorpark and the new City Councilmembers be aware that the VCTC will have a great impact on land use issues within the County. 8. CONSENT CALENDAR: (Roll Call Vote): MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to pull items 8F., BL., 8N., 8Q., 8R., and 8U. 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 October 3. 1990. Consider Approval of Minutes of the Reaular Cit Council Meeting of October 3, 1990. Consider Approval of Minutes of the Adjourned City Council Meeting of October 10, 1990. Consider Approval of Minutes of the Adjourned City Council Meeting of June 29, 1987. Consider Approval of Minutes of the Adjourned City Council Meeting of June 26, 1987. Minute of the City Council Moorpark, California Page 3 November 7, 1990 Consider Approval of Minutes of the Adjourned City Council Meeting of June 22, 1987. Staff Recommendation: processed. B. Warrant Register 1989/90 Warrants 1990/91 Manual Warrants Voided Warrants 12822 & 12884 Approve minutes as 12207, 12708 - 12711, 12787 - 12798 12662,12682, 13584, 13666 $ 1,424.76 $144,188.79 $ ($740.55) Warrants 12806 - 12920 $331,529.61 C. Consider Use of Agenda Cover Sheet. Staff Recommendation: Not to utilize the agenda cover sheet. D. Consider the Review of the Membership Application of the City of Temecula into the Southern California Joint Powers Insurance Authority. Staff Recommendation: Receive and file. E. Consider Planned Development Permit No. 851, Minor Modification No. 3, located at 13567 Candlewood - Request for a Two -Floor Addition to an Existing House. Staff Recommendation: Receive and file. G. Consider Lot Line Adjustment 90 -3. 6394 Gabbert Road - (Lory Anderson). Staff Recommendation: Receive and file. H. Consider Senior Nutrition Community Development Block Grant Agreement Extension. Staff Recommendation: Authorize staff to extend the termination of the agreement from June 30, 1990 to September 3, 1990. Minute of the City Council Moorpark, California Page 4 November 7, 1990 I. 1. Consider City Manager Approved Contract for Cellular Telephone Service. 2. Consider City Manager Approved Contract for ADS Treasury Software. Staff Recommendation: Receive and file. J. Consider Williams Ranch Road Landscaped Barrier: Approval of Contract for Design. Staff Recommendation: Approve selection of landscape architect and authorize City Manager to sign contract. K. Consider Acceptance of Improvements: Construction of Sidewalk on the West Side of Spring Road between Los Angeles Avenue and Roberts Avenue. Staff Recommendation: Accept as complete and direct Notice of Completion to be filed. M. Consider Acceptance of Grading and Exoneration of Bond for Conditional Use Permit 4508 (Grace Chapel). Staff Recommendation: Accept grading and exonerate bond. O. Consider Resolution 90 -716, Extension of Cable Franchise Agreement with Ventura County Cablevision. Staff Recommendation: Approve Resolution No. 90 -716 extending the franchise agreement with Ventura County Cablevision until February 7, 1991. P. Consider Planned Development Permit No. PD -897 Major Modification No. 1 - George Shikabam. Staff Recommendation: Approve Resolution No. 90 -717 to approve PD -897 Major Modification No. 1 on the application of George Shikabam. S. Consider Date for Sixth General Plan Update Workshop. Staff Recommendation: Schedule November 26, 1990 as next General Plan Update Workshop. T. Consider Appointment to the Area Housing Authority of the County of Ventura. Staff Recommendation: Receive and file and defer consideration until November 21, 1990. Minute of the City Council Moorpark, California Page 5 November 7, 1990 V. Consider Hiring Landscape Architect for Parks Capital Improvement Pro'7 e cts. Staff Recommendation: Enter into contract with R. W. Graham & Associates in amount of $14,775 plus a 10% contingency for the preparation of construction drawings, bid documents and specifications for capital improvements at Campus, Glenwood and Griffin Parks. W. Consider Restriction of Left Turns from Private Property on to Spring Road. Staff Recommendation: Adopt Resolution No. 90 -718 for Spring south of Los Angeles Avenue, and refer to CalTrans (Spring Road south of High Street). X. Consider Purchasing Irrigation Remote Controller and Appropriation of Funds. Staff Recommendation: Authorize Purchase of Irrigation Remote Controller. The following items were pulled from the Consent Calendar for individual consideration: F. Consider Minor Modification No. 2 to Planned Development Permit 1072 - Request for Minor Changes to Exterior Elevations and Floor Plans to Houses in Tract 4342. Staff Recommendation: Receive and file. Councilmember Brown indicated that she wants to know the square footages that result from the proposed minor modification. Mr. Richards indicated that those figures will be made available prior to adjournment of the meeting. MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion to table this item until the square footage figures are presented. The motion carried by unanimous voice vote. L. Consider Establishment of Parking Restrictions on Flinn Avenue, Fitch Avenue, Minor Street and Zachry Avenue. Staff Recommendation: Adopt Resolution No. 90 -715. Councilmember Brown expressed concerns that the City needs to make the streets available for use by City residents and not for trucks. Minute of the City Council Moorpark, California Page 6 November 7, 1990 Councilmember Harper stated that public streets should not be used for parking of commercial vehicles. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to adopt Resolution No. 90 -715 and to direct staff to continue to investigate a ban on commercial vehicle parking on the remainder of the City streets on the basis of the number of axles on the vehicles. Mr. Kueny suggested that the motion be amended to include a change to Section 2 of Resolution No. 90- 715 amending the time that parking will be allowed on restricted streets. AMENDMENT TO THE MAIN MOTION: Councilmember Montgomery moved and Mayor Perez seconded an amendment to Section 2 of Resolution 90 -715 to read "That there shall be No Parking of vehicles in said zone between the hours of 10:00 p.m. and 5:00 a.m." VOTE ON AMENDMENT TO THE MAIN MOTION: Unanimous voice vote. VOTE ON MAIN MOTION AS AMENDED: Unanimous voice vote. N. Consider Acceptance of Improvements and Exoneration of Bonds for Planned Development 1064 (TOPA) . Staff Recommendation: Accept as complete and exonerate bonds. Councilmember Brown inquired if any measures can be taken to lessen the light intrusion from this development. Mr. Richards indicated that this issue has been addressed with Topa Management and Staff will contact them again. Mr. Richards continued that there are a number of lights that can be turned off and Topa will still meet the minimum illumination standards of the City. Minute of the City Council Moorpark, California Page 7 November 7, 1990 MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion to accept the grading, street and storm drain improvements as complete and to authorize the City Clerk to reduce the Grading Bond and the Performance and Payment Bond to 10% of the current bond amount for a one year guarantee period. These bonds shall automatically exonerate in one year. The motion carried by unanimous voice vote. Q. Consider Plans and Specifications for Park Picnic Pavilions. Staff Recommendation: Authorize Staff to solicit for bids. Councilmember Brown asked if the locations of these pavilions have been determined by staff and if there been input from the local residents. Mr. Newhouse indicated that input has not been received from the residents. MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion that the plans and specifications and locations recommended by staff are approved and the staff is to proceed to solicit bids for the picnic pavilions with an addendum to any agreements that the final location may be changed; that each picnic pavilion site be posted so that input could be received from the citizens in the neighborhood at the Parks and Recreation Commission's first scheduled meeting in December; an agenda item to come back to the City Council, at a meeting after Parks and Recreation Commission consideration of the item, with any recommended changes to the locations. The motion carried by unanimous roll call vote. R. Consider Plans and Specifications for Neighborhood Park Restrooms. Staff Recommendation: Authorize staff to solicit for bids. Councilmember Brown asked if the locations of these restrooms have been determined by staff and if there was any input from local residents. Mr. Newhouse indicated that input has not been received from the residents. Minute of the City Council Moorpark, California Page 8 November 7, 1990 MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion that the plans and specifications and locations recommended by staff are approved and the staff is to proceed to solicit bids for the restroom sites with an addendum to any agreements that the final location may be changed; that each restroom site be posted so that input could be received from the citizens in the neighborhood at the Parks and Recreation Commission's first scheduled meeting in December; an agenda item to come back to the City Council, at a meeting after Parks and Recreation Commission consideration of the item, with any recommended changes to the locations. The motion carried by unanimous roll call vote. F. Consider Minor Modification No. 2 to Planned Development Permit 1072 - Request for Minor Changes to Exterior Elevations and Floor Plans to Houses in Tract 4342. Staff Recommendation: Receive and file. In response to earlier questions from Councilmember Brown, Mr. Richards provided the square footage figures for each plan for PDP 1072. He stated that a total of 16,647 square feet have been added to the entire project and an average of 93 square feet added to each home. MOTION: Councilmember Harper moved and Mayor Perez seconded a motion to receive and file the report. The motion carried by 4 -1 voice vote, Councilmember Brown dissenting. Councilmember Brown said she dissented on the basis that in similar cases other determinations have been made by the Council. U. Consider Mission Bell Plaza (CPD 89 -1 & 2 LDM 89- 2, RPD 89 -1). Staff Recommendation: Approval of Resolutions for CPD 89 -1 & 2, LDM 89 -1, and denial of RPD 89 -1. Mr. Richards reviewed the proposed conditions for CPD 89 -1 & 2, and LDM 89 -1. He also indicated that staff recommended denial of RPD 89 -1. AT THIS POINT in the meeting a recess was declared. The time was 8:45 p.m. The meeting reconvened at 9:15 p.m. Minute of the City Council Moorpark, California Page 9 November 7, 1990 After Council discussion, Mitch Kahn, attorney for the applicant was allowed to address the Council. Mr. Kahn went over the proposed conditions below, with which the applicant had concerns: CPD Condition 19.D. - He said the amount of the bond is 125% of the value, unnecessarily high; the amount required by the Map Act should be sufficient. CPD Condition 50 - With regard to the Air Pollution Control District formula, he said staff wants $270,945 which is acceptable to the applicant but if the square footage is increased or decreased on the commercial project there needs to be flexibility to modify the basis for calculating the mitigation. CPD Condition 108 - He said the signal at Park Lane should be constructed after occupancy of the 100,000th square foot of the commercial center. He said in considering the possible cross connection between the existing center and the proposed center, he had serious concerns that Park Lane not be closed. CPD Condition 9 - He requested that the applicant be allowed to submit plans for Building and Safety review prior to zone clearance. CPD Condition 107 - He said the applicant would like to be able to obtain building permits while Caltrans was processing the certifying warrants for the signal. CPD Condition 85 - He said the applicant would like a written commitment from the City that if the applicant had to increase the size of the storm drain, he would be reimbursed. CPD 83.A. - He said the applicant would like an agreement that allows the applicant to be reimbursed for acquisition of property, needed in the widening of Los Angeles Avenue which would benefit a property owner when that property is developed. Minute of the City Council Moorpark, California Page 10 November 7, 1990 CPD Condition 179 - He said this condition regarding replacement of trees is very broad and would include trees across the street from the project for which the applicant should not be responsible. CPD Condition 16 - He said the way this condition is written no entitlement approval is being given for the upper commercial. In response to Mr. Kahn, Mr. Richards said that with regard to Condition 19.D., a review could be made after three years to see if the bond amount was sufficient. Mr. Kueny said that with regard to Condition 50, $270,945 plus the applicant's prior agreement to provide an additional $100,000 to meet APCD mitigation includes both the upper and lower commercial portion of the project. He said the $270,945 amount could be prorated to reflect the amount of square footage in the two entitlements. On Condition 108, Mr. Richards said that when the need for signalization exists, the signal should be put in place. On Condition 9, Mr. Richards said staff would concur with the applicants request as long as there is a "Hold Harmless Agreement." Condition 85 - Mr. Knipe said the applicant does have certain funds set aside for certain drain improvements. He said they are asking for reimbursement or a credit against their Area of Contribution if they have to increase the size of the already existing storm drain. Mr. Kueny suggested that the City pay one half of such costs out of the AOC, not to exceed $100,000. Mr. Kahn said the applicant would accept Mr. Kueny's suggestion. BY CONSENSUS: By consensus the Council determined to concur with the City Manager's suggestion and the applicants acceptance. Minute of the City Council Moorpark, California Page it November 7, 1990 Mr. Kueny said that a payback agreement for land acquisition could be drafted between the City and the applicant to memorialize what action would be taken. The applicant to bear all legal costs. Elaine Freeman, representing the applicant, addressed the Council saying that it was not necessary for the Council to discuss specific uses for the upper commercial because that would came back to the Council at a later date. The City Council discussed proposed changes to the Conditions of Approval as presented by staff and requested by the applicant. The Council concurred that the footprint and types of uses only would be approved now; other issues would be determined under a major modification. In response to Council discussion regarding Park Lane, Ms. Kane indicated that under state law a street may only be vacated if you can find that there is no longer a need for present or future use. If action is taken to vacate the street, adjoining property owners could challenge that action. The dedication of a street is a legislative action. BY CONSENSUS: By consensus the Council determined to leave the Condition pertaining to Park Lane as presently written. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to adopt Resolution No. 90 -719 - approving the Monitoring Program and Adopting Findings and the Statement of Overriding Considerations for the Environmental Impact Report for CPD -89 -1, CPD -89 -2, RPD -89 -1, and LDM -89 -2; Resolution No. 90 -720 - to deny without prejudice, RPD -89 -1; Resolution No. 90 -721 - to approve LDM -89 -2; and Resolution No. 90 -722 - approving CPD -89 -1 and CPD -89 -2 with conditions as amended tonight. The motion carried by unanimous voice vote. The City Council adjourned as the City Council and convened as the Mobile Home Park Rent Review Board: Minute of the City Council Moorpark, California Page 12 November 7, 1990 1. A. Mobilehome Park Rent Review Board Review of a Mobilehome Park Rent Increase - Villa Del Arroyo Mobile Home Park. Staff Recommendation: Authorize 4.8 percent per month increase and approve requested separate billing for individual water consumption effective December 1, 1990. Debbie Traffenstedt gave the staff report. MOTION: Boardmember Brown moved and Boardmember Lawrason seconded a motion to approve the staff recommendation to approve the requested rent increase of 4.8% effective December 1, 1990 and approve the requested separate billing for individual water consumption effective December 1, 1990. The motion carried by unanimous voice vote. The City Council Adjourned as the Mobile Home Park Rent Review Board and reconvened as the City Council. 9. PUBLIC HEARINGS: None were scheduled. 10. COMMENTS FROM COUNCIL MEMBERS: A. Consider Appointment to the Agricultural Land Trust Advisory Committee. (Continued Item 10.A. from 10/24/90) This item was not considered. Councilmember Brown discussed the needed clean up of the Arroyo and the lack of response from the Flood Control District. BY CONSENSUS: By consensus the Council determined to hear items 12.A., 12.B., and 11.G., 11. H., 11.I., and 11. J. and continue all other items. Minute of the City Council Moorpark, California Page 13 November 7, 1990 12. ORDINANCES: A. Introduce Ordinance No. 133, Amending Chapter 6 to Title 5 relative to the Granting of Cable Television Franchises. Mr. Hare gave the staff report. The City Attorney went over amendments to the ordinance and then read the ordinance title. MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion to read the ordinance title. The motion carried by unanimous voice vote. MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion to waive further reading and declare the ordinance introduced, as amended, for first reading. The motion carried by unanimous voice vote. B. Introduce Ordinance No. 134, An Ordinance Granting a Franchise Renewal to the Chronicle Publishing Company, dba Ventura County Cablevision. Chris Lammers and John Giles were present from Ventura County Cablevision and responded to Council questions. Ms. Kane read proposed amendments to the ordinance and then read the ordinance title. MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion to read the ordinance title. The motion carried by unanimous voice vote. MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion to waive further reading and declare the ordinance introduced, as amended, for first reading. The motion carried by unanimous voice vote. 11. ACTION /DISCUSSION ITEMS: G. Consider Planned Development 1048 (Valesquez) - Activate Previously Expired Permit. Staff Recommendation: Direct staff as deemed appropriate. Minute of the City Council Moorpark, California Page 14 November 7, 1990 BY CONSENSUS: By consensus the Council determined to have staff come back to the Council with recommendations as to how the processing of a resubmitted application of this project could be streamlined and addressing the parking concerns; to be returned no later than the December 5, 1990 meeting. H. Consider HUD Expenditures Goals for Entitlement CDBG Programs. and Possible Temporary Amendment of Post City Grant Appropriations. Staff Recommendation: Direct staff to explore time extension and report back on December 5, 1990. MOTION: Mayor Perez moved and Councilmember Brown seconded a motion to direct staff to proceed with a time extension request from HUD, and explore the feasibility of the affordable housing land acquisition options. The motion carried by unanimous voice vote. I. Consider Discussion of Proposed Water Rate Increase. Staff Recommendation: Direct staff as deemed appropriate. BY CONSENSUS: By consensus the Council determined to have Councilmember Brown express their concerns with the proposed tiered rate structure at the next meeting of the Board of Supervisors. J. Consider Night Time Construction Work on 118/23 Freeway Connection Project. Staff Recommendation: Direct staff to work with CalTrans to determine feasibility of night time work. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to approve the staff recommendation to work with Caltrans to determine the feasibility of night time work with the amendment that input be received from the residents of Campus Park and the Colony area. The motion carried by unanimous voice vote. A. Consider Code Enforcement Priorities and 9 Month Activity Report. Staff Recommendation: Direct staff as deemed appropriate. (Continued Item 11.A. from 10/24/90) This item was continued. Minute of the City Council Moorpark, California Page 15 November 7, 1990 B. Consider Revision of Clustering Relative to General Plan. Staff Recommendation: Direct staff as deemed appropriate. (Continued Item 11.D. from 10/24/90). This item was continued. C. Consider Agenda Packet for Chamber of Commerce. Staff Recommendation: Direct staff as deemed appropriate. (Continued Item 11.E. from 10/24/90) This item was continued. D. Consider Peach Hill Park Turf Report. Staff Recommendation: Approve use of Bermuda seed and direct staff to prepare planting plan. (Continued Item 11.F. from 10/4/90) This item was continued. E. Consider Program for Emergency Response Cost Recovery. Staff Recommendation: Approve staff development of program to recover cost. This item was continued. F. Consider Temporary Use Permits - A Report Regarding Issuance Process Currently Used. Staff Recommendation: Direct staff as deemed appropriate. This item was continued. 13. FUTURE AGENDA ITEMS: 14. CLOSED SESSION: MOTION: Councilmember Brown moved and Councilmember Lawrason seconded a motion to adjourn to Closed Session for a discussion of all items listed below: 1�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). Minute of the City Council Moorpark, California Page 16 November 7, 1990 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. 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 unanimous voice vote. AT THIS POINT in the meeting a recess was declared the time was 11:35 p.m. The Council reconvened into Closed Session ar 11:40 p.m. Councilmembers Brown and Harper did not attend the Closed Session. Present were Councilmembers Lawrason, Montgomery, and Mayor Perez; Steven Kueny, City Manager, Richard Hare, Deputy City Manager; and Cheryl Kane, City Attorney. The meeting reconvened into Open Session at 11:58 p.m. Mr. Kueny stated there was no action to report out of Closed Session and only items 14.A., 14. B., 14.C., and 14.K., were discussed. Minute of the City Council Moorpark, California Page 17 15. ADJOURNMENT ATTEST: November 7, 1990 MOTION: Councilmember Lawrason moved and Councilmember Montgomery seconded a motion to adjourn. The motion carried 3 -0, Councilmembers Brown and Harper absent. The time was 11:58 p.m. %Q P—auli W. Ldwrason Jr., yor