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HomeMy WebLinkAboutMIN 1990 1219 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California December 19, 1990 A Regular Meeting of the City Council of the City of Moorpark was held on December 19, 1990, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Lawrason called the meeting to order at 7:15 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Wozniak. 3. ROLL CALL: Present: Councilmembers Montgomery, Perez, Wozniak, and Mayor Lawrason. Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Pat Richards, Director of Community Development; Lt. Rodriguez, Sheriff's Department; Ken Gilbert, Director of Public Works; Debbie Traffenstedt, Senior Planner; Paul Porter, Senior Planner; Susan Cauldwell, Assistant to City Manager; Phil Newhouse, Director of Community Services; Lillian Kellerman, City Clerk; Dorothy Vandaveer, Deputy City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: 1. Presentation to outgoing Parks & Recreation Commission Members Teresa Radich and Teresa Godinez. Teresa Radich was present to receive a plaque of appreciation from the City. 2. Presentation to outgoing Planning Commission Members William Lanahan and Michael Scullin. Mayor Lawrason said the outgoing Planner Commissioners who were not able to be present would be given their plaques at another time. Minutes of the City Council Moorpark, California Page 2 December 19, 1990 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Perez requested that an item be added to the agenda to discuss the proposed cancellation of the Recreation sponsored trip to Magic Mountain. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to add as item 11.F. a discussion of the cancellation of the proposed Recreation sponsored trip to Magic Mountain, need for action having arisen after the posting of the agenda. The motion carried by unanimous voice vote. Mr. Kueny requested that two Closed Session Items be added as 14.M. City of Moorpark vs. Chuy's Restaurant; and 14.N. Acquisition of Right -of -Way on three properties for the Nogales /Avenida Colonial street improvements project, the property owners' names -- Simeon, Faircloth, Beltran and Ceniceros. He also requested that the Council re- order item 11.D. to be considered at the conclusions of Public Hearing item 9.A. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to add the items requested by the City Manager above, need having arisen since the posting of the agenda, and to reorder item 11.D. to be considered after item 9.A. The motion carried by unanimous voice vote. 6. PUBLIC COMMENT: Lorraine Feuerstein, 3900 Hunter Crest, spoke in favor of the 30 foot landscape buffer at the proposed Urban West Communities commercial center. She presented a petition of citizens who are also in favor of the landscape buffer. Connie Lawrason, 4291 Ambermeadow Street, gave the Citizen's Transportation Advisory Council report for the month of December. She indicated that a presentation was made by the CTAC to Fillmore City Councilwoman Delores Day for her support on various projects throughout the years. 7. COMMITTEE REPORTS: Councilmember Montgomery reported on his attendance at the County Waste Commission meeting. He reported that the City of Simi Valley is going to construct a permanent Minutes of the City Council Moorpark, California Page 3 December 19, 1990 household hazardous waste facility. He suggested that the City might want to consider joining Simi in this effort. Mayor Lawrason reported that a final agreement is close with the solid waste haulers and he hoped the Refuse Franchise Ordinance would be placed on the agenda in January. 8. CONSENT CALENDAR (Roll Call Vote): MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to pull items 8.F. and 8.R. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. IM Consider Approval of Minutes of Adjourned Meeting of City Council of October 30, 1990. Consider Approval of Minutes of Regular City Council Meeting of November 7, 1990. Consider Approval of Minutes of Special City Council Meeting of March 16, 1988. Staff Recommendation: processed. Warrant Register FY 1990/91 Manual Warrants 13008 - 13020, 13078 - 13085 Warrants 13894 - 13962 FY 89/90 Warrants 13101 -13890 Approve minutes as $ 26,590.12 $343,471.97 $ 49,372.46 C. Transmittal of Carlsberg Specific Plan Documents. a Staff Recommendation: Applicant has requested an additional extension to January 9, 1991; staff concurs with applicant's request. (Continued from 12/5.) Recommendation: Receive and file. ,LI VU- Staff Minutes of the City Council Moorpark, California Page 4 December 19, 1990 E. Consider Denial of Claim Filed by Sugimoto et al. Staff Recommendation: Deny claim. G. Consider Overnight Travel to Attend 43rd Annual California and Pacific Southwest Recreation and Park Conference and Exhibit Show March 7 - 10 in Santa Clara, California. Staff Recommendation: Approve attendance by Park and Recreation Commission and designated staff. H. Consider Joint Powers Agreements for 1990/91 CDBG Programs, and the 1987 Networking for Housing Program. Staff Recommendation: Authorize the City Manager to execute the agreements. I. Consider Draft CDBG Real Property Acquisition Policy. Staff Recommendation: Adopt policy to be implemented for all CDBG real property acquisitions. J. Consider Country Days Follow -up Report. Staff Recommendation: Receive and file. K. Consider Project Status Report on Los Angeles Avenue Widening (West) Storm Drain Vault. Staff Recommendation: Receive and file. L. Consider Adjusting Entries From Trust Fund (Fund 39). Staff Recommendation: Approve adjusting entries. M. Consider Approval of Master Agreement for State /Local Partnership Program and Program Supplement for Partial State Funding of Los Angeles Avenue Widening Project (West). Staff Recommendation: Approve agreement and authorize execution. N. Consider Consent to Purchase by County of Tax - defaulted Properties within the City. Staff Recommendation: Consent to sale. O. Consider Setting Public Meeting Date for Revision of Various Planning Fees. Staff Recommendation: Set public hearing date for January 9, 1991. Minutes of the City Council Moorpark, California Page 5 December 19, 1990 P. Consider Tierra Rejada Road Bridge and Tierra Rejada Road /Spring Road Area of Contribution (Fund 26) Accounting. Staff Recommendation: Receive and file report, approve adjusting journal entries, amend 1990/91 FY Budget and authorize reimbursement to UWC. Q. Consider Report on Format for City Letterhead. Staff Recommendation: Receive and file. S. Consider Status Report of Entitlement CDBG Expenditure Towards Meeting HUD April 1991, Objectives. Staff Recommendation: Authorize staff to continue to pursue extension from HUD and to pursue potential inter -city loan. T. Consider Storm Drain Bond Exoneration for PD -1010 (Palmer). Staff Recommendation: Exonerate Bond. U. Consider Providers for Employee Health and Vision Coverage. Staff Recommendation: Approve staff recommendation for coverages. The following items were pulled from the Consent Calendar for individual consideration: F. Consider a Report Regarding Assembly Bill 3158 - A New Fee to be Collected by the City for The State Department of Fish and Game. Staff Report: Receive and file. Mayor Lawrason commented that the fees to be collected are "outrageous" and considerably increases the cost of both City and development projects; he said he pulled the item to make that comment. MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to receive and file the report. The motion carried by unanimous voice vote. R. Consider Locations for Restrooms and Picnic Shelters in Various Neighborhood Parks. Staff Recommendation: Receive and file. Councilmember Montgomery said he received a letter from Mr. & Mrs. Reece, who live adjacent to North Meadows Park. He suggested that the Parks & Recreation Commission be shown the letter that had Minutes of the City Council Moorpark, California Page 6 December 19, 1990 been received by the Council. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to receive and file the report. The motion carried by unanimous voice vote. 9. PUBLIC HEARINGS: A. CPD 90 -2. LDM 90 -2. Major Mod. No. 3 to Planned Community No. 3 and Zone Change No. 90 -3 (Urban West Communities). Staff Recommendation: Approve Resolution 90- and introduce Ordinance 135 for first reading. (Public Hearing Closed 12/5/90) Mr. Porter gave the staff report and summarized the following items that were discussed in a letter from Urban West Communities dated December 19, 1990. 1. Increase of the Tierra Rejada Road landscape setback to 30' from property line, which is at curb 2. Revised site plan which notes that in the area east of Building G a 30' landscape setback from the property line will be provided as LDM Condition #19 regarding sight distance 3. In the area on Mountain Trail Street across from the fire station, the edge of Building A will be set back an additional 61, with 4' going into increased landscaping along with two new landscape areas. 4. Regarding the center driveway and median break on Tierra Rejada Road, new language states that the City may remove or modify the driveway or median break at its sole determination at any time. Applicant requests clarification of the language. 5. Applicant requests modification regarding the perimeter landscape maintenance that they will be responsible for maintenance of landscape setbacks "except" within the public right of way. At the indulgence of the Council, the applicant addressed several of the above mentioned items. Tom Zanic, 520 Broadway, Santa Monica, stated that the revised site plan was provided as what he feels to be an adequate and sufficient response to Council and Council Minutes of the City Council Moorpark, California Page 7 December 19, 1990 committee concerns. He continued by saying that his assumption of why the City wants the allowance to remove or modify the driveway or median break on Tierra Rejada Road is that, in the event of a traf f is problem or safety concern, the City would be able to step in to remove or modify the median to alleviate the problem. He also stated that Urban West Communities agrees that they want enforcement of the vehicle code on the property. However, he did indicate that the time limit on the deliveries to the commercial center will be difficult especially if there is a restaurant. He said that establishing a morning delivery deadline as it is currently conditioned may not be a wise thing to do since restaurants typically have minor deliveries later in the day to accommodate evening meal service. In response to Councilmember Wozniak's question if the sidewalk in Area C could be reduced in width from 8 feet to 5 feet to allow three more feet of landscaping for the project, John Knipe stated that it would be in keeping with a standard to have an eight -foot sidewalk. He indicated that on the higher volume roads like Tierra Rejada, and this portion of Mountain Trail, they recommend the wider sidewalks to accommodate more pedestrian traffic. Councilmember Montgomery asked Mr. Richards if staff objects to the insertion of the word "except" in CPD condition 59.a and LDM conditions 31.4 and 39. Mr. Richards indicated that staff does object. He continued by saying that the applicant's understanding of why the City wants the allowance to be able to modify or remove the median break and driveway is correct. The City is only looking at the specific safety concern. In addition, Councilmember Montgomery questioned Mr. Richards how the satellite building loading /delivery question could be addressed. Mr. Richards stated that it can either be permitted or regulated. It is a tradeoff with the management of the center being held responsible for the regulation of it or that it be imposed as a condition by the City. Mr. Kueny said the condition could be modified as a Minor Modification to be approved by the Director of Community Development or as an administrative decision. The consensus of the Council was to address it as an administrative decision. Mayor Lawrason noted that the public hearing was closed. Minutes of the City Council Moorpark, California Page 8 December 19, 1990 MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approved Resolution No. 90 -729 approving LDM 90 -2, Major Modification No. 3 to Planned Community No. 3 and CPD 90 -2, with conditions of approval as amended by staff and Council tonight. The motion carried by unanimous voice vote. Ms. Kane read the title to the proposed ordinance approving Zone change No. 90 -3, an Application of Urban West Communities. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to read the ordinance in title only. The motion carried by unanimous voice vote. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to waive further reading and declare Ordinance No. 135 introduced for first reading. The motion carried by unanimous voice vote. 11. D. Consider Memorandum of Understanding with Urban West Communities. Staff Recommendation: Approve amended MOU. Mr. Kueny indicated that the applicant and the Council had been given a First Amendment to Memorandum of Understanding with UWC- Moorpark Investors, LTD. (Amending Memorandum of Understanding approved by the City Council on June 21, 1989 and accepted by UWC on July 13, 1989.) He recommended continuance of this item to allow UWC to review the addendum. He said he would be recommending that the City take the $1,000,000 pursuant to Point 12 of the MOU and construct the community use building. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to continue the item to the January 9, 1990 meeting. The motion carried by unanimous voice vote. B. Vesting Tentative Tract Map No. 4620 - JBH Development Company. Staff Recommendation: Conditionally approve. Continued from 9.B. 12/5/90. Ms. Traffenstedt gave the staff report. Mayor Lawrason opened the public hearing. Minutes of the City Council Moorpark, California Page 9 December 19, 1990 Stanley Cohen, 300 Esplanade Drive, Oxnard, spoke representing Cohen, England & Whitfield, legal counsel for the applicant. He stated that this proposed housing project provides a missing link in the housing element of Moorpark. He discussed the following issues: 1. Grading of the hillsides - It has been kept to the absolute minimum. 2. Primary and Secondary Access - The applicant's desire is that the second access be a gated emergency egress only road. 3. Equestrian trails - The project has provided for connections with other trail systems and the Homeowner's Association will maintain the trails. 4. Soil contamination - The applicant recognizes the contamination took place and that it has to be remedied whether it be by State definition or County guidelines. 5. Timeliness - It was requested that the Council approve the project before the end of 1990. In response to Councilmember Perez, Mr. Cohen said that once the liability and maintenance issues are solved, the equestrian system could be shared with other trail systems. Richard L. Fausset, 163 Nob Hill, Ventura, spoke as a General Partner of Walnut Canyon Associates, the former owner of the property. He addressed the soil contamination issue and gave a history of how it had occurred and what research had been done to find out how to rectify the situation. He said under the state guidelines it is allowable to leave the soil and finish on -site treatment of it. Curt Uritz, 290 Maple Court, Ventura, spoke representing Fairfield, McDonald & Strauss, legal counsel for the former owner. He expressed concern that the condition for approval does not define hazardous or contaminated soil. He said the soil has been treated for six months under the supervision of the state and it is now down below the safe level and does not pose a harmful threat to anyone. He believes the treatment is completed and that condition 55.E. should be modified to Minutes of the City Council Moorpark, California Page 10 December 19, 1990 include the definition that the state accepts as "hazardous ". He concluded by saying that this soil could be used as road base material in the construction of the project so it will minimize direct contact with humans. AT THIS POINT in the meeting a recess was declared. The time was 9:15 p.m. The meeting reconvened at 9:45 p.m. William E. Houseman, 115 Los Angeles Avenue, #205, spoke in support of the project. He encouraged the City Council to approve a gate for exit only at Aspen Hills Drive. Dennis Swinburn, 6685 Aspen Hills Drive, requested City Council's consideration of the issue of the access gate on Aspen Hills Drive. He owns property adjacent to the proposed gate site and wants it to be an exit only access if it must be located there. Mr. Swinburn also expressed concern with the number of big trucks that will be travelling on Gabbert Road if that access allows construction traffic. In response to Councilmember Montgomery, Tom Montgomery, the applicant's Traffic Engineer, stated that the peak traffic on the secondary entrance to this project is expected to be 100 - 200 trips per day. He said it is based on full two -way access. He also added that at the main entrance the left turn lane into the project will be added using the current width of Walnut Canyon Road. Councilmember Montgomery stated that this piece of land is a very important link in the network of equestrian trails to be established and he would like to see more of a commitment from the applicant as to the sharing of trails within the project. Stanley Cohen said there is no absolute dedication at this time because of the maintenance and liability questions that were discussed previously. Glen Albers, 840 Khyber Drive, Ventura, spoke representing JBH Development. He indicated that he has spoken with Rorie Skei of the Santa Monica Mountains Conservancy regarding the connecting equestrian trail systems. Ms. Skei indicated to him that the conservancy does not have funds to put into this particular project at this time and if it did it cannot extend liability coverage beyond that provided by the State. Minutes of the City Council Moorpark, California Page 11 December 19, 1990 In response to Mayor Lawrason, Pat Richards said it is staff's preference that the contaminated soil be removed from the site. Richard L. Fausset, 163 Nob Hill, Ventura, responded by stating that it seems unnecessary for the developer to be required to remove the soil when it no longer has unsafe toxicity levels and will further impact the local landfills if they are required to remove it. Curt Uritz addressed this issue and said the applicant agreed that the soil will be removed if required by the State. Pat Richards stated that the ability for the City to enter the property of this project should be included in the conditions of approval in order to conduct City business and for Code Enforcement purposes. By consensus, the Council agreed that the westerly access to this project should be an emergency egress only. Councilmember Perez said the Council needs to insist on minimal grading for this project and that each lot should be reviewed individually by the Community Development Committee in conjunction with the applicant. Mayor Lawrason closed the public hearing. AT THIS POINT in the meeting a recess was declared. The time was 11:20 p.m. The meeting reconvened at 11:55 p.m. Mayor Lawrason requested the applicant consider an extension of the deadline for the Council to act on the land division map, to the January 9, 1991 City Council meeting. Mr. Cohen stated that the applicant agrees to the January 9, 1991 deadline extension. MOTION: Mayor Lawrason moved and Councilmember Perez seconded a motion to continue the item to the January 9, 1991 meeting; staff directed to revise conditions as discussed tonight, and to prepare the necessary resolutions for January 9, 1991; the Community Development Committee to meet with the applicant to resolve the 20% slope issues. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 12 December 19, 1990 10. COMMENTS FROM COUNCIL MEMBERS: A. Consider Citv Council Committee Assignments. Continued from 12/5. Council Committees were discussed and approved as outlined in the December 18, 1990 listing with the following amendments: Added to the Budget and Finance Committee - (D) Annual budget, (E) CDBG. Deleted from Public Works /Facilities - (G) Calleguas Creek Steering Committee. Added to Community Development Committee - (H) JBH Slope Review. 11. ACTION /DISCUSSION ITEMS: A. Consider Report on Council Agenda Packets being Provided to the Press. Staff Recommendation: Direct staff as deemed appropriate. Continued from 11.C. 12/5. Ms. Kellerman gave the staff report. In response to Councilmember Montgomery, she indicated that at $.10 per page charge, the cost to provide a packet on an annual basis would be $600.00. Councilmember Montgomery said he objects to providing free press agenda packets that are paid for by the tax revenues from citizens who cannot themselves receive a free agenda packet. MOTION: Mayor Lawrason moved and Councilmember Perez seconded a motion to receive and file the report. The motion carried by voice vote 3 -1, Councilmember Montgomery dissenting. B. Consider Restroom Building at South Meadows Park. Staff Recommendation: Direct staff as deemed appropriate. In response to Council question, Mr. Kueny indicated that the Council could authorize the funding source for the restroom at South Meadows Park to be the use of money from the Settlement Agreement with UWC, with the condition that the Minutes of the City Council Moorpark, California Page 13 December 19, 1990 next $40,000 collected for the neighborhood park portion of the Mountain Meadows zone of the Park Improvement Fund be placed in the Community Park portion of the Park Improvement fund. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the funding source as outlined by the City Manager above. The motion carried by unanimous voice vote. C. Consider Planned Development Permit Nos. 106211063 (The Embassy Group Inc.) Request for an Additional Time Extension. Staff Recommendation: Grant conditional six month time extension. Mayor Lawrason noted that the applicant had requested an extension to the January 9, 1991 City Council meeting. MOTION: Councilmember Perez moved Councilmember Montgomery seconded a motion to continue the item to the January 9, 1991 City Council meeting. The motion carried by unanimous voice vote. E. Consider Comprehensive Planning Ordinance. Staff Recommendation: Direct staff as deemed appropriate. Councilmember Montgomery indicated that he requested this item be placed on the agenda to determine if it could be placed on the ballot for the special election of March 5, 1991. In response, the City Manager indicated that the deadline for inclusions per the Election Code had passed. K. Discussion of Cancellation of Recreation Sponsored Trip to Magic Mountain. In response to Councilmember Perez, Mr. Newhouse related that not enough tickets were sold to cover the costs of this event. He indicated that the trip had been open for participation to all residents. BY CONSENSUS: By consensus no action was taken on this item. Minutes of the City Council Moorpark, California Page 14 December 19, 1990 12. ORDINANCES: None were presented. 13. FUTURE AGENDA ITEMS: None were requested. 14. CLOSED SESSION: MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to adjourn to Closed Session for a discussion of all items listed including the added items 14.M. and 14.N.: '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. 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. Minutes of the City Council Moorpark, California Page 15 December 19, 1990 M L. Negotiations for Real Property on Los Angeles Avenue (East) APN 513 -0- 022 -01 (Patrick S. Patton) pursuant to Government Code Section 54945.8. M. Litigation concerning the City of Moorpark vs. Chuy's Restaurant. N. Negotiations for Real Property on Avenida Colonial /Nogales (Simeon - APN 513 - 032 -04; Faircloth - APN 513 - 033 -01; Beltran and Ceniceros - APN 513 - 024 -06) 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 12:20 a.m. The meeting reconvened into Closed Session at 12:28 a.m. 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 1:10 a.m.. Mr. Kueny reported that only items 14.A., 14.K., 14.M. and 14.N. had been discussed in Closed Session and there was no action to report out of Closed Session. 15. ADJOURNMENT: MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adjourn the meeting. The motion carried by unanimous voice vote. The time was 1:11 a.m. Paul W. Lawrason Jr., or ATTEST: