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HomeMy WebLinkAboutMIN 1991 0123 CC SPCMINUTE OF THE CITY COUNCIL Moorpark, California January 23, 1991 A Special Meeting of the City Council of the City of Moorpark was held on January 23, 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 6:25 p.m. Present: Councilmember Montgomery, Perez, Wozniak, and Mayor Lawrason. Steven Kueny, City Manager; and rheryl Kane, City Attorney. 2. Closed Session: MOTION: Councilmember Perez moved and Councilmember Montgomery 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. Litigation concerning the Moorpark Mosquito Abatement District vs. City of Moorpark. I. Litigation concerning Colonial Mortgage vs. the City of Moorpark. J. 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 2 January 23, 1991 K. Negotiations for Real Property on Los Angeles Avenue (East) pursuant to Government Code Section 54945.8. L. Litigation concerning City of Moorpark vs. Chuy's Restaurant M. 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 7:01 p.m. Mr. Kueny stated that there was no action to report out of Closed Session and only items 2.A. and 2.C. had been discussed. AT THIS POINT in the meeting a recess was declared. The time was 7:01 p.m. The meeting reconvened at 7:20 p.m. with the full Council and the following staff: Steven Kueny, City Manager; Phil Newhouse, Director of Community Development; Ken Gilbert, Public Works Director; Cheryl Kane, City Attorney; Susan Cauldwell, Assistant to the City Manager; John Knipe, City Engineer; Paul Porter, Senior Planner; Don Reynolds, Management Analyst; Carolyn Greene, Management Analyst; Lillian Kellerman, City Clerk; and Dorothy Vandaveer, Deputy City Clerk. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Sgt. Marty Rouse 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: Proclamation to declare January 1991 as Crime Stoppers Month. Minutes of the City Council Moorpark, California Page 3 January 23, 1991 Mayor Lawrason presented the proclamation to Sgt. Kitty Holberg and Gib Poiry, Chairman of the Board of Directors of Crime Stoppers. Proclamation to honor Senior Deputy Bob Lang for his service to the City. Mayor Lawrason presented the proclamation to Senior Deputy Bob Lang. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None were made. 6. PUBLIC COMMENT: A. Susan Weintraub, 1800 Avenue of the Stars, #1400, Los Angeles, asked that she be allowed to speak when Item 11.E., Area of Contribution Reimbursement for PD -1064 (TOPA), is addressed by the Council. BY CONSENSUS: By consensus the Council determined to let Ms. Weintraub speak during the discussion of Item 11.E. B. Geret Kritzer, 12794 Summer Street, spoke regarding finding a resolution to the chimney fire issue and expressed frustration with the situation. He indicated that the developer has been nonresponsive and the Building and Safety Department has not been as helpful as he hoped. He also mentioned that material is being dumped on property at the northwest corner of Tierra Rejada Road and Spring Road and asked if this material will be graded over or will something be done to clean it up. In response to Mayor Lawrason, John Knipe said the City Engineer's office is working with the owner of the property to remove the dumped material. B. Eloise Brown, 13193 Annette Street, spoke regarding a suggestion that was given to her recently for graffiti abatement. The suggestion is that a $5 fee should be collected from the purchasers of aerosol paint; the revenue to establish a fund to pay for graffiti removal. She indicated that a small fee such as 10 cents a can will not be a deterrent to spray paint purchase. Minutes of the City Council Moorpark, California Page 4 January 23, 1991 C. Jim Safechuck, 5527 E. Geoffrey Avenue, Simi Valley, said he will be available to answer questions when Item 11.B., regarding the Residential Refuse Franchises, is discussed. D. Mike Smith, 195 West Los Angeles Avenue, Simi Valley, said he also will be available to answer questions when Item 11.B. is discussed. E. Tom Thompson, 12623 Hillside Drive, spoke representing the Presbyterian Church regarding the redesign of the Peach Hill and Spring Road intersection. He stated that the church members have some concerns that the redesign of the intersection may delay the commencement of grading on their property and it may result in the additional expense of having their engineer modify the plans that have already been approved. He indicated that the church is under time constraints to use funding that has been made available to them through the Presbytery and will lose the financial support if the work does not proceed as planned. BY CONSENSUS: By consensus the Council agreed to have Mr. Thompson speak at the time the item is addressed on the agenda. 7. COMMITTEE REPORTS: Councilmember Montgomery stated that he chaired the last Ventura County Waste Commission meeting and gave an update on the meeting. 8. CONSENT CALENDAR (Roll Call Vote): MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to pull items 8.E., 8.J., and 8.L. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Regular Meeting of City Council of December 19, 1990. Consider Approval of Minutes of Special Meeting of City Council of December 19, 1990. _Consider Approval of Minutes of the Special Joint Meeting of the City Council and the Moorpark Unified School District of January 16, 1991. Minutes of the City Council Moorpark, California Page 5 B. Warrant Register Manual Warrants Voided Warrants Warrants 13093 - 13100, 13963 - 13977 13682, 12710 14488 - 14558 January 23, 1991 $24,699.39 ($315.21) $159,396.36 C. Consider Revision to Contract for Materials Testing for Avenida Colonia & Nogales. Staff Recommendation: Approve change in contract language. D. Consider Acceptance of Sidewalk Repairs. Staff Recommendation: Accept work, file notice of completion, release retention subsequent to resolution of claims filed by the State Department of Industrial Relations. F. Consider Authorization to Advertise for Poindexter Avenue Traffic Signal. Staff Recommendation: Authorize advertisement for public bidding. G. Consider Caltrans Seismic Design Criteria for the 118/23 Freeway Project. Staff Recommendation: Receive and file. H. Consider_ Grant Application for State Curbside Recycling Program. Staff Recommendation: 1) Approve submittal of attached grant to the State Department of Conservation, and 2) direct City Manager to sign and forward original documents to Sacramento. I. Consider American Telephone & Telearaph Co. Interstate Div. vs. State Board of Equalization et. al.; and AT &T Communications of California Inc. vs. State Board of Equalization. Staff Recommendation: Receive and file. K. Consider Waiving Fees for Use of Community Center (Citrus Room) for County Elections Class of Instruction for Election Officials for March 4 1991. Staff Recommendation: Waive fees. M. Consider Loan of $50,000 from City's General Fund Reserve to Moorpark Redevelopment Agency. Staff Recommendation: Authorize loan and appropriate $50,000 from General Fund Reserve. Minutes of the City Council Moorpark, California Page 6 January 23, 1991 N. Consider a Report Regarding Single Family Residential Construction Valuation. Staff Recommendation: Approve staff's recommendation and set February 6, 1991 as a Public Hearing regarding this matter. O. Consider Purchase of General Use Vehicle. Staff Recommendation: Authorize purchase of vehicle and appropriate $12,000 from General Fund Reserve to General Public Works (01- 141 -904). The following items were pulled from the Consent Calendar for individual consideration: E. Consider Authorizing Staff to Solicit Bids for Capital Improvements at Campus, Glenwood and Griffin Parks. Staff Recommendation: Authorize staff to solicit bids for park capital improvements. Councilmember Wozniak indicated that he would like consideration given to weekend parking along College View Drive and along the perimeter of the park when Moorpark College is not in session. BY CONSENSUS: By consensus the Council determined to have the Public Works Committee review Councilmember Wozniak's concerns as stated above. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to proceed with the solicitation of bids for development of the park capital improvements. The motion carried by unanimous voice vote. J. Consider Approval of Contract for Plannina Services with Impact Science for IPD 90 -15 (Litton Industries). Staff Recommendation: Approve Impact Sciences as contractor and authorize Mayor to sign contract. In response to Councilmember Wozniak, Mr. Kueny said the contract could be approved contingent that the City will not be held responsible do to lack of performance by either Litton Industries or Impact Sciences. Minutes of the City Council Moorpark, California Page 7 January 23, 1991 MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to approve the staff recommendation as amended by the City Manager above. The motion carried by unanimous voice vote. L. Consider Recycling Event (Environmental Coalition) for January 26, 1991. Staff Recommendation: Approve request for use of Community Center parking lot and waive fees; authorize City Manager to approve additional dates for recycling events to be held later in year. Councilmember Wozniak left the dais. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded the motion to approve the staff recommendation. The motion carried 3 -0, Councilmember Wozniak absent for the vote. 9. PUBLIC HEARINGS: A. Consider Revisions Recommendation: Res adopt Resolution No. of $71 per hour (Continued item 9.C. remains open.) to Planning Fees. Staff cind Resolution No. 89 -605 and 91 -734, making the 1990/91 fee effective January 1, 1991. from 1/9/91) (Public hearing Mr. Reynolds gave the staff report. Mayor Lawrason stated that the public hearing was still open. As no one was presented to speak to the item, the public hearing was closed. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to approve the staff recommendation to adopt resolution 91 -734 and to rescind resolution 89 -605; staff directed to return to Council each January in order to revise the fees to reflect current City costs. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 8 January 23, 1991 B. Consider Zoning Ordinance Update - Proposed Adoption of a Revised Ventura County Zoning Ordinance as an Interim Measure until the Land Use and Circulation Elements of the General Plan has been Revised. Staff Recommendation: Open the Public Hearing and introduce proposed ordinance; continue Public Hearing until February 6, 1991. Mr. Porter gave the staff report recommending that the public hearing be opened and the item continued to allow review of the very extensive ordinance by the Council. Mayor Lawrason opened the public hearing. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to continue this item until the next regularly scheduled City Council meeting of February 6, 1991 with the public hearing to remain open. The motion carried by unanimous voice vote. 10. COMMENTS FROM COUNCIL MEMBERS: Mayor Lawrason said that a citizen had contacted him with the suggestion that there be a patriotic display of flags downtown. Mayor Lawrason said he felt a display would be very appropriate in support of the service men and women in the Iraq war. Councilmember Wozniak said his company had a ribbon -tying ceremony and suggested that flags and ribbons on High Street would be appropriate. Councilmember Montgomery suggested assigning the Public Works Committee to develop the idea and expand it to flags and ribbons on every light pole in the City. BY CONSENSUS: By consensus the Council determined to assign the Public Works Committee the development of a plan and funding for the placement of flags and ribbons on every light pole in the City; the resolution of support drafted by the Congress, and being considered for adoption by the City of Los Angeles, to appear on a future agenda for adoption. Councilmember Perez requested a report back from staff regarding child care in residential zones. Minutes of the City Council Moorpark, California Page 9 11. ACTION /DISCUSSION ITEMS: January 23, 1991 A. Consider Planned Development Permit Nos. 106211063 (The Embassy Group Inc.) Request for an Additional Time Extension. Staff Recommendation: Grant conditional six month time extension. (Continued Item 11.A. from January 9, 1991) Mr. Kueny stated that Embassy had requested an additional time extension to the next City Council meeting. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to continue this item to the next regular City Council meeting of February 6, 1991. The motion carried by unanimous voice vote. B. Consider Awardina Two Exclusive Residential Refuse Franchises. Staff Recommendation: Adopt Resolution 91 -735 adopting miscellaneous residential refuse collection fees and award the franchises to G. I. Rubbish and Moorpark Disposal and introduce Ordinance No. repealing Chapter 7 of Division 4 of the Moorpark Municipal Code. Ms. Cauldwell gave the staff report. She went over the revisions recommended by the City Attorney to pages 1, 3, 13, 15, 16, and 17 of the agreements with G.I. Rubbish and Moorpark Disposal. In response to Councilmember Perez, Jim Safechuck, of Moorpark Rubbish, said that the $15.00 new account charge applies to setting up the billing and the extra trash that results from a move. Mr. Kueny said that a reduced charge for a move within the franchise area should be considered. BY CONSENSUS: By consensus the Council agreed to amended the wording of Resolution 91 -735 to include that proposed by the City Manager above. Both Moorpark Rubbish and G.I. Industries agreed to charge one half of the start up fee if the account is not a new one with the charge to be $7.50. BY CONSENSUS: By consensus the Council determined that waste receptacles which are transferred to property owners (exceeding 45 gallons) shall be serviced by the refuse haulers. Minutes of the City Council Moorpark, California Page 10 January 23, 1991 MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve two exclusive residential refuse franchise agreements with G. I. Rubbish and Moorpark Disposal as amended and adopt resolution 91 -735, a miscellaneous residential refuse fee resolution as amended. The motion carried by unanimous voice vote. BY CONSENSUS: By consensus the Council determined to continue introduction of the proposed ordinance until staff further reviewed the need to repeal Chapter 7 of Division 4 of the Moorpark Municipal Code. C. Consider Moorpark Law Enforcement Assistance Program (LEAP) - A Citizen Patrol. Staff Recommendation: Direct staff as deemed appropriate. (Defer consideration to February 6, 1991.) Mr. Kueny requested that as Lt. Rodriguez was not present to give his staff report, the item be continued to the next meeting. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to continue this item as the first Action/ Discussion item for the next regular meeting of the City Council to be held on February 6, 1991. The motion carried by unanimous voice vote. D. Consider Intersection Redesian at Sorina Road and Peach Hill Road. Staff Recommendation: Authorize City Manager to proceed with necessary actions for redesign of Spring Road street improvements and traffic signal at Spring Road /Peach Hill Road. Mr. Kueny gave the staff report. In response to Councilmember Montgomery, Mr. Kueny clarified that the sidewalk will not be a meandering sidewalk. He also clarified that the landscaping will be similar to what is across the street on the southwest corner, and will be maintained by funds from Assessment District 84 -2 and will not be charged to the Presbyterian Church. Tom Thompson, 12623 Hillside Drive, spoke representing the Presbyterian Church. He said he understands that the grading for the project can proceed even with the redesign of the intersection, but he questioned how the redesign will affect the Minutes of the City Council Moorpark, California Page 11 January 23, 1991 drainage of the entire project. The church is having to bear the extra cost of having an engineer reevaluate the overall situation and this is an unexpected and untimely effort. He also asked if Spring Road is improved to a four -lane street in the future, who will be responsible for the cost of it. He indicated that the church does not believe it is fair if they have to bear the inflated cost five years from now. Mr. Kueny responded that it would take another future project approval of property currently outside the City limits to be the driving force behind Spring Road being made a four -lane street. He said it is unlikely the church would be responsible for the widening. Most likely the project requiring the improvement would pay for it. He added that the engineers could arrange to have the dirt imported for the site grading and could proceed with their grading plans. He said the church could do an abbreviated set of improvement plans and work with City staff to determine where the curb lines are going to be. This could probably be accomplished in less than the projected 4 -6 weeks. Mr. Thompson said they will proceed to work with staff . MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to direct staff to redesign the Spring Road street improvements along the frontage of the Presbyterian Church, striping, and traffic signal designs for the narrower street section at a redesign cost of $12,800. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, Mayor Lawrason declared a recess. The time was 9:10 p.m. The meeting reconvened at 9:40 p.m. E. Consider Los Angeles Area of Contribution Reimbursement for PD -1064 (TOPA). Staff Recommendation: Approve portion of requested reimbursement. Susan Weintraub, 1800 Avenue of the Stars, #1400, Los Angeles, spoke representing TOPA Management. Ms. Weintraub stated that her firm was not aware of the $1,175 in planning review fees that were due to Minutes of the City Council Moorpark, California Page 12 January 23, 1991 the City until recently. She indicated that the City may have forgotten to ask for these fees at the time they were first incurred and she questions the fairness of asking for the money now. Regarding the $3,000 Inspection/ Coordination for Traffic Signal cost, she said the City Manager had concerns at the time about rerouting the traffic through High Street and wanted the City Engineer (Willdan Associates) involved. The cost to TOPA was to cover the City Engineer's involvement in the rerouting. Ms. Weintraub stated she believed Willdan's involvement was very limited. She also questioned the fact that the City is charging an Area of Contribution reimbursement review fee of $600. Mr. Kueny stated that there have been at least two other occasions where the City has deducted the cost to review reimbursements. The cases involve Urban West Communities and Cabot, Cabot & Forbes. In response to Councilmember Montgomery, Mr. Kueny stated that until the reconciliation of the project was complete, it was not known that TOPA had not paid the Inspection/ Coordination for Traffic Signal fees. Councilmember Montgomery stated that the reimbursement review policy may be the subject of a future agenda item, but action to complete this item should be taken so as not to delay TOPA's reimbursement. After further Council discussion, the following motion was heard: MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to 1) approve Los Angeles Avenue Area of Contribution reimbursement to TOPA in the amount of $34,387, 2) appropriate $34,387 from Los Angeles Avenue Area of Contribution for this purpose, and 3) authorize deduction of $5,333 from the aforementioned refund to reimburse City for Project processing costs and direct staff to make the appropriate journal entries; 5) direct staff to bring the policy issue of a charge for reimbursement reviews back to the Council on a future agenda with the further direction that if action is taken to change the policy, a reversal of the reimbursement fee may be extended to TOPA. The motion carried by unanimous roll call vote. Minutes of the City Council Moorpark, California Page 13 January 23, 1991 F. Status on Arroyo Vista Park Lease Agreement. Staff Recommendation: Direct staff as deemed appropriate. Mr. Newhouse gave the staff report. Councilmember Perez thanked Mr. Newhouse for preparing the staff report and suggested that this matter be referred to the Parks and Recreation Commission for their review and recommendation concerning the potential for use in exchange for developing the soccer fields. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion that this item be referred to the Parks and Recreation Commission for their review and recommendation and that it come back to City Council as a future agenda item. The motion carried by a unanimous voice vote. G. Consider Parking Adiacent to Mountain Meadows School. Staff Recommendation: Implement striping /signing changes. Mr. Gilbert gave the staff report. In response to Mayor Lawrason, Sergeant Marty Rouse, stated that the combination of a bike lane and parking on the same side of a street can work based on the amount of traffic that is experienced. He said he has spoken with school officials and will be conducting an education program before the work commences to advise people of the safety concerns with this situation. Councilmember Perez asked if this item should be continued so the parking situation could be addressed at the same time for other existing schools. Mr. Kueny said that the concept for this alteration is consistent CalTrans standard, but each school location is unique and it is wise to consider each one separately. Councilmember Montgomery stated that parents can help alleviate the parking situation by carpooling or walking their children to and from school. Minutes of the City Council Moorpark, California Page 14 January 23, 1991 MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to direct staff to prepare a Resolution to amend parking restrictions on the street segment of Mountain Meadows Drive in front of Mountain Meadows Elementary School; to request written confirmation of the School District's intent to participate in the project costs (not to exceed $2,500) and take other necessary steps to implement this project. The motion carried by unanimous voice vote. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adjourn as the City Council and to convene as the Redevelopment Agency. The motion carried by unanimous voice vote. The City Council adjourned at 10:21 p.m. to meet as the Redevelopment Agency. The Redevelopment Agency Adjourned at 10:26 p.m. and the City Council reconvened at 10:26 p.m. 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 Montgomery seconded a motion to continue this item to the next regular City Council 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. (Continue to next regular Council meeting.) MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to continue this item to the next regular City Council meeting. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 15 13. FUTURE AGENDA ITEMS: January 23, 1991 Councilmember Montgomery stated that he wants the Council to consider evaluation of the City Engineer services at the next meeting of the City Council. Councilmember Perez stated that he would like a report on the City expanding parking areas in conjunction with School District parking areas. 14. CLOSED SESSION: MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adjourn to 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. Litigation concerning the Moorpark Mosquito Abatement District vs. City of Moorpark. I. Litigation concerning Colonial Mortgage vs. the City of Moorpark. J. Negotiations for Real Property at 289 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54945.8. K. Negotiations for Real Property on Los Angeles Avenue (East) pursuant to Government Code Section 54945.8. Minutes of the City Council Moorpark, California Page 16 January 23, 1991 L. Litigation concerning City of Moorpark vs. ChuyIs Restaurant. M. Negotiation for Real Property 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 10:30 p.m. The meeting reconvened into Closed Session at 10:35 p.m. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Cheryl Kane, City Attorney. The meeting reconvened into Open Session at 11:20 p.m. Mr. Kueny stated that there was no action to report out of Closed Session and only items 14.C., 14.D., 14.E., 14.F., 14.G., 14.H., 14.I., 14.J., and 14.L. 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 11:21 p.m. Paul W. L wrason Jr., MAor V ATTEST: