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HomeMy WebLinkAboutMIN 1991 0109 CC SPCMINUTES OF THE CITY COUNCIL Moorpark, California January 9, 1991 A Special Meeting of the City Council of the City of Moorpark was held on January 9, 1991 in the City Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Lawrason called the meeting to order at 6:30 p.m. Present: Councilmember Montgomery, Perez, Wozniak, and Mayor Lawrason. Steven Kueny, City Manager; and Cheryl Kane, City Attorney. 2. Closed Session: MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to go into Closed Session for a discussion of all items listed on the agenda: 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. Minutes of the City Council Moorpark, California Page 2 January 9, 1991 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. M. Litigation concerning City of Moorpark vs. Chuy's Restaurant N. Litigation concerning City of Moorpark vs. Three properties concerning Avenida Colonia and Nogales Street Reconstruction project: 1) Simon (APN 513 - 032 -04, 2) Faircloth (APN 513 - 033 -01, and 3) Ceniceros /Beltran (APN 513- 024 -06) The motion carried by unanimous voice vote. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; and Cheryl Kane, City Attorney. The meeting reconvened into Open Session at 7:00 p.m. Mr. Kueny stated that there was no action to report out of Closed Session and only item 2.C. had been discussed. AT THIS POINT in the meeting a recess was declared. The time was 7:00 p.m. The meeting reconvened at 7:14 p.m. with the full Council and the following staff: Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Pat Richards, Director of Community Development; Phil Newhouse, Director of Community Services; Ken Gilbert; Director of Public Works; John Knipe, City Engineer; Debbie Traffenstedt, Senior Planner; Lt. Rodriguez, Sheriff's Department; Paul Porter, Senior Planner; Don Reynolds, Management Analyst; Carolyn Greene, Management Analyst; Lillian Kellerman, City Clerk; Dorothy Vandaveer, Deputy City Clerk. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by County Supervisor Vicki Howard. A Special musical presentation was made by the Chaparral Middle School Senior Chorus directed by Ray Hebel. Minutes of the City Council Moorpark, California Page 3 January 9, 1991 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: Certificates of Commendation for assistance at Community Clean -Up Day were presented by Mayor Lawrason to the following: Paul Spencer, Simi Valley Landfill Mike Smith, G. I. Rubbish Chuck Anderson, Anderson Rubbish Carolyn Reynolds, Martin V. Smith and Associates Dennis Jaymes, Wendy's Restaurant Dominic Lee, Moorpark Boy's and Girl's Club Steve Day, Moorpark Rotary Edward Alberts, Community Volunteer 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 6. PUBLIC COMMENT: A. Supervisor Vicky Howard, 5507 Indian Hills Drive, Simi Valley, spoke representing the Ventura County Board of Supervisor's office. She expressed her anticipation of serving as the Supervisor for the Fourth District and that she looks forward to working with the City officials and residents. She introduced her Staff Assistant, Ritch Wells, who is a resident of Moorpark and will have office hours at her office at the Chamber of Commerce suite. B. Connie Lawrason, 4291 Ambermeadow Street, gave the report from the VCTC Citizens Transportation Advisory Committee. The committee had met on January 8 and had discussed the possible sales tax initiative. She stated there is a consensus on the committee that public awareness is needed for what this tax will do for the transportation needs of each and every community not just the benefits to the County of Ventura. Mrs. Lawrason also spoke regarding how important it is that parents only allow their children to exit fron cars on the same side of the street at the schools where they are being dropped off. Otherwise, the children are walking in front of oncoming traffic. She cited a near accident caused by this situation at Mountain Meadows School. Minutes of the City Council Moorpark, California Page 4 January 9, 1991 C. Mark Taillon, 6617 Aspen Hills Drive, spoke in favor of giving the Code Enforcement Officer citation powers. He stated that the Code Enforcement would be much more effective if this were the case. D. Allen Camp, 5450 Telegraph Road, Ventura, spoke as legal counsel for Carlsberg Financial Corporation. He requested that the Council move forward with the adoption of the ordinance to approve the Community Design Plan and the Development Standards as described in the Carlsberg Specific Plan and that the editorial changes Carlsberg has noted be approved and that City staff be directed to make the changes. 7. COMMITTEE REPORTS: Mayor Lawrason stated that the City was close to agreement on the Refuse Franchise and the City can look forward to full curbside recycling. Mayor Lawrason reported on the Association of Ventura County Cities meeting he attended saying that the Regional Governance issue was discussed. He also stated that he was appointed as an alternate to the Ventura County Transportation Commission. 8. CONSENT CALENDAR (Roll Call Vote): MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to pull item 8.A. - Minutes of November 21, 1990 and item 8.C., and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Regular City Council Meeting of December 5, 1990. Consider Approval of Minutes of Special City Council Meeting of December 5, 1990. B. Warrant Register Manual Warrants 13086 - 13092 $100,196.03 13892 - 13893 Voided Warrants Warrants 14401 - 14487 $458,451.40 Minutes of the City Council Moorpark, California Page 5 January 9, 1991 D. Consider Authorization of Overnight Travel for Deputy City Manager to Attend California Municipal Treasurers' Association Workshop in Burlingame January 24th and 25th. Staff Recommendation: Approve overnight travel. E. Consider Lobbying Certification that no Federal Highway Administration Funds are used for Lobbying Expenses. Staff Recommendation: Authorize execution and transmittal of certification. F. Consider Senior Citizens One -Time -Only Grant Funds. Staff Recommendation: Receive and file report. G. Consider Resolution 91 -730 to Increase Planning Commission and Parks & Recreation Commission Compensation. Staff Recommendation: Adopt proposed Resolution No. 91 -730. H. Consider Contract for Materials Testing_ for Avenida Colonia and Nogales. Staff Recommendation: Approve agreement and authorize the Mayor to execute same. I. Consider Award of Contract for Street Improvements for Avenida Colonia and Nogales. Staff Recommendation: Award contract. The following items were pulled from the Consent Calendar for individual consideration. A. Consider Approval of Minutes of Regular Meeting of City Council of November 21, 1990. Councilmember Perez asked that the following be added to the last paragraph on Page 3 (Item 4.K.) of the November 21, 1990 Minutes: Miguel Topete and Angel Nuno, representing Our Town Teens, began the citywide distribution of the directory by giving copies to the Council. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the staff recommendation with the amendment to the minutes as stated above. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 6 C. Transmittal of Carlsberg Documents. January 9, 1991 Mr. Kueny asked that this item be taken off - calendar until the first regular meeting in February to allow for editorial changes to the documents. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to take this item off - calendar until the first regular meeting in February. The motion carried by unanimous voice vote. 9. PUBLIC HEARINGS: A. Vesting Tentative Tract Map No. 4620 - JBH Development Company. Staff Recommendation: Approve with conditions the Tentative Tract map. (Continued from 12/19/90 - Public Hearing closed 12/19/90) Ms. Traffenstedt gave the staff report. The public hearing had previously been closed. BY CONSENSUS: By consensus the Council determined that the secondary access to the proposed project should be emergency only and that access gate be designed to allow emergency ingress and egress. The final gate design to be approved by the Director of Community Development. BY CONSENSUS: By consensus the Council agreed to accept the grading plan as it is now proposed which includes the modified placement of pads on six of the ten lots -- lots 3, 28, 29, 30, 31 & 52 -- reviewed by the Community Development Committee to minimize grading. Councilmember Montgomery asked if the proposed road into the project should allow access to Mr. Latunski's property or should it include a stub out or an altered path to preclude access to the property. With the Council's indulgence, the applicant responded to this question. Stan Cohen, 300 Esplanade Drive, Oxnard, spoke as legal counsel for the applicant. He indicated that JBH Development has had negotiations in the past with Mr. Latunski and they were unsuccessful. He said this project is a gated community and it would downgrade the quality of the project if the street is not allowed to remain a private street. Minutes of the City Council Moorpark, California Page 7 January 9, 1991 The Council concurred that they do not desire to redesign the tract map for access to the Latunski property and that it will remain as is now proposed. In response to Councilmember Montgomery, Glen Albers, Vice President of JBH Development, 4035 Thousand Oaks Blvd., Suite 120, Westlake Village, explained that the composition of the equestrian trail surface will be a mixture of sand and natural dirt, but that the majority of the trail would be fenced on only one side. Mr. Albers presented again an exhibit (street /equestrian trail section) that had previously been viewed by the Council. BY CONSENSUS: By consensus the Council determined that this exhibit should be cited in the record (Exhibit E) as a reference to what the trail will look like and that all equestrian easements shown on the Final Map should be maintained as trails, and no structures, fencing, or landscaping placed within these easements. Equestrian trails should be improved consistent with approved Exhibit E. Pete Peters, 7155 Walnut Canyon Road, was given the opportunity to speak by Council consensus. He stated that he is willing to dedicate six feet of his land along the common boundary line with the JBH Development project, to the Santa Monica Mountains Conservancy. This would allow the use of the land for equestrian trails and would resolve the problem of maintenance and liability coverage. In response to Mayor Lawrason, Cheryl Kane read a modified version of Condition 119 as follows: The Final Map shall show all equestrian easements included on the Vesting Tentative Map and shall include an irrevocable dedication to the City of Moorpark, Santa Monica Mountains Conservancy and other similar State agencies for all identified equestrian easements. Said dedication shall stipulate that any agency accepting ownership of the equestrian easements shall also accept liability and maintenance responsibility. Said dedication may not be exercised until the Tract No. 4620 equestrian easement connects to an equestrian easement on abutting property to the north and or west which has also been dedicated or offered for Minutes of the City Council Moorpark, California Page 8 January 9, 1991 dedication to the City of Moorpark, Santa Monica Mountains Conservancy and other similar State agencies. MOTION: Mayor Lawrason moved and Councilmember Wozniak seconded a motion to modify the language to Condition No. 119 as stated above by the City Attorney. The motion was carried by a 3 -1 vote, Councilmember Montgomery dissenting. AT THIS POINT in the meeting a recess was declared. The time was 9:20 P.M. The meeting reconvened at 9:45 p.m. Mr. Kueny indicated to the Council that the City Attorney has prepared a revision to Condition 76 that would resolve the issue of the City's ability to enter onto the private streets within the proposed development. Ms. Kane read the revised condition as follows: The applicant shall offer to make an irrevocable dedication on the Final Map of easements to the City of Moorpark over all private streets shown on the Parcel Map for the purpose of providing access to (a) all governmental agencies that provide public safety, health or welfare services or that enforce laws and ordinances and (b) all members of the public who reasonably need to be vacated via the private streets because of a state of emergency declared by a representative of the City or of the Ventura County Fire Protection District. In response to the Council, the applicant stated that he is in agreement with the new wording as read by the City Attorney. MOTION: Councilmember Perez moved and Mayor Lawrason seconded a motion to approve the Negative Declaration; approve the Mitigation Monitoring Program; make the appropriate findings including General Plan consistency; adopt Resolution 91 -731, approving Vesting Tentative Tract Map No. 4620 based on the findings and the proposed conditions of approval as amended. The motion carried 3 -1, Councilmember Montgomery dissenting. Minutes of the City Council Moorpark, California Page 9 January 9, 1991 B. Consider Zoning Code Amendment to Allow Plannincx Director Approval of Day Care Facilities and Schools in Industrial and Commercial Zones. Staff Recommendation: Direct staff to incorporate the proposed Zoning Code changes into the new Zoning Code which is under consideration for City adoption. Ms. Traffenstedt gave the staff report stating that the following is staff's suggested modification to the County code: Section 8105 -5 - PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES Revise "Day Care Facilities" to show as being permitted in the C -O, C -1, C -2, CPD, M -1, and M -2 Zones, subject to approval of a Planned Development Permit. A footnote would need to be added to the matrix table to clarify that if there is an existing Planned Development Permit for the site, the child day care facility could be permitted by Community Development Director approval of a modification to the Planned Development Permit. Another footnote would need to be added to clarify that for M -1, M -2, and C -O Zones, a child day care facility would only be permitted where sponsored by or permitted within an industrial or commercial use on the same site. Revise "Education and Training, Schools: Elementary and secondary (nonboarding only)" to show as being permitted in the C -O, C -1, C- 2, CPD, M -1, and M -2 Zones, subject to approval of a Planned Development Permit. A footnote would need to be added to the matrix table to clarify that if there is an existing Planned Development Permit for the site, the school facility could be permitted by Community Development Director approval of a modification to the Planned Development Permit. Another footnote would need to be added to clarify that for M -1, M -2, and C -O Zones, a school facility would only be permitted where sponsored by or permitted within an industrial or commercial use on the same site. Minutes of the City Council Moorpark, California Page 10 January 9, 1991 Mayor Lawrason opened the public hearing. As there was no one to speak to the item, the public hearing was closed. MOTION: Councilmember Perez moved and Mayor Lawrason seconded a motion to direct staff to include the staff recommendations as outlined above by Ms. Traffenstedt to the revisions in the City- modified County of Ventura Zoning Code, which would then be adopted in conjunction with the City Council's action to approve an ordinance adopting the modified County Zoning Code. The motion carried by unanimous voice vote. C. Consider Revisions to Planning Fees. Staff Recommendation: Rescind Resolution No. 89 -605 and adopt Resolution No. 91- , making the 1990/91 fee of $74 per hour effective January 1, 1991. Mayor Lawrason opened the public hearing. There were no speakers present to address the Council on the item. Mr. Kueny requested that final action be deferred until the meeting of January 23, 1991 to allow representatives of the Building Industry Association and Moorpark Chamber of Commerce an opportunity to meet with City staff on this matter. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to continue the item to the meeting of January 23, 1991 with the public hearing to remain open. The motion carried by unanimous voice vote. D. Consider Public Hearing of Eminent Domain Proceedinas for Acquisition of Certain Property Known as the Northeasterly Corner of the "T" Intersection of Spring Road and Tierra Rejada Road, within the Southerly Environs of the City of Moorpark California (APN # 500- 39-84 . Staff Recommendation: The City Council adopt the Resolution of Necessity No. 91 -732 to initiate eminent domain proceedings against subject property. Mr. Gilbert gave the staff report. Mayor Lawrason opened the public hearing. There were no speaker card submitted for this hearing. In response to the City Attorney, the City Clerk stated that no written objections had been received by the City. Minutes of the City Council Moorpark, California Page 11 January 9, 1991 Mayor Lawrason closed the Public Hearing. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to approve the adoption of the Resolution of Necessity, Resolution No. 91 -732, to initiate eminent domain proceedings against the subject property. The motion carried by unanimous voice vote. 10. COMMENTS FROM COUNCIL MEMBERS: A. Consider Citizen Appointments. Mr. Kueny indicated that a listing of citizen appointments had been transmitted to the Council. Councilmember Perez asked if the City needed to advertise for the vacancies on the Moorpark Community Arts Committee. Mr. Kueny indicated that the item would be reviewed and calendared for appointments to be made. BY CONSENSUS: By consensus, Councilmembers Perez and Wozniak volunteered to serve as Council liaison to the Moorpark Community Arts Committee. B. Consider Flood Zone III Advisory Committee Appointment. BY CONSENSUS: By consensus, Councilmember Wozniak was nominated by the Council to the Flood Zone III Advisory Committee. A letter is to be sent to Supervisor Howard from Mayor Lawrason making the nomination. Councilmember Perez asked that with regard to the County's sewage line cleaning contract for 1991, that First Street between Moorpark Avenue and Bard Street should be done. The Council discussed establishing a meeting with Supervisor Howard regarding a pilot program for paramedics that would place them (paramedics) in fire stations in the fourth district. Councilmember Perez said that the fifth annual Martin Luther King Birthday Observance, sponsored by the Martin Luther King Association, would be held on January 18th in Oxnard. Councilmember Montgomery reminded citizens to be cognizant of the situation in the middle east and the American soldiers there. Minutes of the City Council Moorpark, California Page 12 January 9, 1991 11. ACTION /DISCUSSION ITEMS: A. Consider Planned Development Permit Nos. 1062/1063 (The Embassy Group Inc.) Request for an Additional Time Extension. Staff Recommendation: Grant conditional six month time extension. (Continued Item 11.C. from 12/19/90) Mr. Kueny indicated that the applicant had requested continuance to the meeting of January 23, 1991. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to continue the item to the January 23, 1991 meeting. The motion carried by unanimous voice vote. B. Consider Memorandum of Understanding with Urban West Communities (Addendum). Staff Recommendation: Approve the Memorandum of Understanding Addendum. (Continued Item II.D. from 12/19/90) Mr. Kueny indicated that Urban West Communities had stated that they did not want to proceed with the Addendum to the Memorandum of Understanding. Mr Kueny said it was staff's recommendation that Point 12 of the Memorandum of Understanding be invoked and the City obtain $1 million from UWC and proceed with the project to build a community use building. MOTION: Councilmember Montgomery moved and Mayor Lawrason seconded a motion to invoke Point 12 of the Memorandum of Understanding with Urban West Communities; the City to take $1 million from Urban West Communities and proceed with the project to build a community use building. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 13 January 9, 1991 C. Consider Report on Community Development Block Grant Funding for 1991/92. Staff Recommendation: Determine general priorities for allocations of 1990/91 funding and direct staff to process requests for proposals. Mr. Reynolds gave the staff report. MOTION: Councilmember Montgomery moved and Mayor Lawrason seconded the motion to authorize staff to request proposals for the use of CDBG funds for the 1992 appropriations as outlined in the staff report dated January 2, 1991 and pursuant to the following schedule: (1) Request for Proposals 1 /10 - 2/27/91; (2) Staff Review of Proposals 3/1 - 3/13/91; (3) Public Hearing 3/20/91; (4) Budget & Finance Committee Review 3/20 - 3/27/91; (5) Final Appropriations 4/3/91. The motion carried by unanimous voice vote. 12. ORDINANCES: A. Consider Second Reading and Adoption of Ordinance No. 135 - An Ordinance Adopting Zone Change No. 90 -3 (Urban West Communities). Continue to next Regular Council Meeting. (An Ordinance cannot be adopted at a Special Meeting.) MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to continue the item to the next regular meeting. The motion carried by unanimous voice vote. B. Consider Introduction of Ordinance No. 136 - An Ordinance Adopting the Community Design Plan and the Development Standards as Described in the Carlsberg Specific Plan as the Zoning Regulations for Said Planning Area. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to continue the item. The motion carried by unanimous voice vote. 13. FUTURE AGENDA ITEMS: Councilmember Perez requested that the development of the Arroyo Vista Park soccer fields be calendared. Minutes of the City Council Moorpark, California Page 14 14. CLOSED SESSION: January 9, 1991 MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to adjourn to Closed Session for a discussion of all Closed Session items listed on the agenda: '\ 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. L. Negotiations for Real Property on Los Angeles Avenue (East) pursuant to Government Code Section 54945.8. M. Litigation concerning City of Moorpark vs. Chuy's Restaurant. Minutes of the City Council Moorpark, California Page 15 January 9, 1991 N. Litigation concerning City of Moorpark vs. Three properties concerning Avenida Colonia and Nogales Street Reconstruction project: 1) Simon (APN 513 - 032 -04, 2) Faircloth (APN 513 - 033 -01, and 3) Ceniceros /Beltran (APN 513 - 024 -06) The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 10:35 p.m. The meeting reconvened into Closed Session at 10:40 p.m. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Cheryl Kane, City Attorney; Richard Hare, Deputy City Manager; Pat Richards, Director of Community Development. Mr. Richards left the Closed Session at 10:55 p.m. The meeting reconvened into Open Session at 11:52 p.m. Mr. Kueny stated that there was no action to report out of Closed Session and only items 14.A., 14.D., 14.E., 14.F., 14.G., 14.I., 14.J., 14.K., 14.L., 14.M., and 14.N. had been discussed. 15. ADJOURNMENT: MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 11:52 p.m. AJ I Paul W. L ason Jr., or ATTEST: