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HomeMy WebLinkAboutMIN 1991 0522 CC ADJMINUTES OF THE CITY COUNCIL Moorpark, California May 22, 1991 An Adjourned Meeting of the City Council of the City of Moorpark was held on Wednesday, May 22, 1991 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 6:15 p.m. Present: Councilmembers Montgomery, Perez, Talley, Wozniak, and Mayor Lawrason. Steven Kueny, City Manager; Richard Hare, Deputy City Manager; and Cheryl Kane, City Attorney: MOTION: Councilmember Montgomery moved and Councilmember Talley 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 Ventura County Community College District vs. City of Moorpark. F. Litigation concerning the County of Ventura vs. City of Moorpark. G. Litigation concerning the Moorpark Mosquito Abatement District vs. City of Moorpark. H. Litigation concerning Colonial Mortgage vs. the City of Moorpark. I. Negotiations for Real Property at 280 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54945.8. J. Negotiations for Real Property on Los Angeles Avenue (East) pursuant to Government Code Section 54945.8. Minutes of the City Council Moorpark, California Page 2 May 22, 1991 K. Litigation concerning City of Moorpark vs. Chuy's Restaurant. L. Litigation concerning Conejo Freeway Properties, LTD. vs. City of Moorpark M. Litigation concerning City of Moorpark vs. Camrosa Water District. N. Litigation concerning City of Moorpark vs. Pacific Bell. O. Litigation concerning City of Moorpark vs. Southern California Gas Company. P. Litigation concerning City of Moorpark vs. Southern California Edison Company. Q. Litigation concerning City of Moorpark vs. Shell Oil Company. R. Personnel pursuant to Government Code Section 54957.6. The motion carried by unanimous voice vote. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Pat Richards, Director of Community Development; and Debbie Traffenstedt, Senior Planner. Mr. Richards and Ms. Traffenstedt left the Closed Session at 6:55 p.m. The Council adjourned from Closed Session at 7 :03 p.m. Mr. Kueny stated that there was no action to report out of Closed Session and only items A. Personnel, and C. Potential litigation pursuant to Government Code Section 54956.9(c) had been discussed. Mayor Lawrason called the meeting back to order at 7:18 p.m. 2. PLEDGE OF ALLEGIANCE: Lt. Rodriguez led the Pledge of Allegiance. Minutes of the City Council Moorpark, California Page 3 May 22, 1991 3. ROLL CALL: Present: Councilmembers Montgomery, Perez, Talley, Wozniak, and Mayor Lawrason. Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Phil Newhouse, Director of Community Services; Ken Gilbert, Public Works Director; Charles Abbott, City Engineer; John Knipe, Willdan Associates; Lt. Rodriguez, Sheriff's Department; Cheryl Kane, City Attorney; Pat Richards, Director of Community Development; Paul Porter, Senior Planner; and Lillian Kellerman, City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: None. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: BY CONSENSUS: By consensus, the Council determined to defer the public comment regarding Item ll.D. until the item was discussed later in the meeting. 6. PUBLIC COMMENT: Connie Lawrason, 4291 Ambermeadow Street, gave a report on the Citizen's Transportation Advisory Committee meeting that was held on May 14, 1991. She indicated that a lengthy discussion took place regarding unmet transit needs in the County. She also attended a Transportation Policy Planning Committee meeting where only four members were present. No action was taken. Additionally, Mrs. Lawrason thanked the City Council for the use of the Community Center for the meeting of the Ventura County Commission for Women that was held on May 21, 1991. Minutes of the City Council Moorpark, California Page 4 May 22, 1991 Dick Cameron, Thousand Oaks, spoke representing the Moorpark Boys & Girls Club. He emphasized that the Club intends to continue using the Casey Road property for the same purpose that it has been used in the past. He said there was never any consideration of changing the use. He hopes the purchase can move forward to the benefit of the youth of Moorpark. Vickie McGowan, 13060 View Mesa, said she wanted to clarify some items that had been mentioned in the Cinco de Mayo staff report. She said her name is listed in error as being a member of the Cinco de Mayo Committee and that the soda booth was manned by herself and Our Town Teens as volunteers to assist the City, but they were never asked to provide insurance or pay for booth rental. Eloise Brown, 13193 Annette Street, said she had participated in the tour of the JBR and Schleve properties. She said it served to emphasize the need for the sphere study to be completed. She also asked when materials for the General Plan Update Workshop will be available for review. Mrs. Brown also expressed her support for the Councilmember Montgomery in his action with regard to the Cinco de Mayo event investigation. 7. COMMITTEE REPORTS: None. 8. CONSENT CALENDAR: S. Reconsider a Reauest for Bond Exoneration Regarding a Public Works Surety for PD 1040 ( Schleve). Staff Recommendation: Approve the release of this public improvement bond for PD 1040. Mr. Kueny gave the staff report. He indicated that staff had met with Mr. Schleve, who concurred that there were still some public improvements that need to be completed before the bond can be exonerated. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to rescind the Council's prior action of May 15, 1991 authorizing the exoneration of the bond. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 5 May 22, 1991 MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to table this item. The motion carried by unanimous voice vote. 9. PUBLIC HEARING: C. IPD 90 -15 (Industrial Planned Development) LDM 91 -1 (Land Division Map) - Litton Industries - A Proposal to develop a Four (4) Story 176,000 Square Foot Office Building to be Used for Administration Research and Development. Subject Site is Located at the Northeast Corner of South Condor Drive and Los Angeles Avenue in the Moorpark Business Center. Staff Recommendation: Continue this matter to an adjourned meeting on May 22, 1991. Tim DeNiro of Impact Sciences gave the staff report. Mayor Lawrason opened the public hearing. Craig Backhus, 360 North Crescent Drive, Beverly Hills, Supervisor - Project Management for Litton, addressed the Council regarding the parking space length in the parking structure which he requested to be 19.5 ft. rather than 20 feet. He clarified that there were two loading docks proposed and that only one new monument sign is being requested. He said the tall vegetation and planting of trees would take care of any problem with glare from the building on Los Angeles Avenue. He requested that the road improvements called for in Condition 65 be postponed until the completion of the 118/23 Freeway connection and "d" of Condition 65 be deleted as it won't be needed with the Freeway connector in place. He also indicated that the Council had received two letters outlining Litton's objection to some of the conditions. In response to Councilmember Perez, Mr. Backhus said that it is Litton's intention to occupy the building as soon as is possible, although the date the project would go forward had not yet been determined. In response to Councilmember Talley, Mr. Backhus said that he felt Litton's estimates for Condition 66 & 67, the intersection improvements, were correct and the City Engineer's estimates too high. Minutes of the City Council Moorpark, California Page 6 May 22, 1991 John Knipe said he had no substantiation of the figures presented by the applicant. CONSENSUS: By Consensus, the Council determined to have the applicant meet with staff to come to agreement on Conditions 66 & 67. Mr. Kueny clarified that once the applicant makes their payment for the intersection improvements, no further costs would be charged even if the construction costs were higher. He said if this condition were modified, the City would want a cash deposit that would be held until construction and if construction costs came in higher, the applicant would have to pay their share of the costs. In response to Councilmember Perez, Mr. Kueny said that staff does not support the concept of the applicant making the improvements to the park in lieu of the fees (Condition 37). Mr. Kueny said that with regard to the Los Angeles Area of Contribution, he could support changing the condition to read that "upon the concurrence of the City Manager, the applicant would not have to pay the AOC fee ". He said this would allow time to verify that a previous project had already contributed the AOC fee for the subject property. CONSENSUS: By consensus, the Council determined to add the language above relating to the AOC fee. Mr. Kueny said that the Stripping Plan should contain a bike lane on Los Angeles Avenue. He said he thought the draft circulation element shows the bike lane and staff would have to determine how that affects the stripping plan. Mr. Backhus said Litton had no problem with a stripping redesign and would take the City's direction on this but they would be concerned if it required more than the restriping. Mr. Kueny said the Traffic Mitigation covenant should incorporate the language that was added to IPD 90 -1 /LDM 90 -4 (Smith Hotel): "Neither the Applicant nor its successors waive any right to participate in the determination of, or protest the amount, allocation or spread of any Minutes of the City Council Moorpark, California Page 7 May 22, 1991 fee, assessment or charge proposed or imposed as a result of the acceptance or implementation of this Condition." (Read by Mayor Lawrason.) Mr. Backhus said that the addition of that language was acceptable to Litton. In response to Mr. Kueny, Mr. Knipe said that Condition 65 (d) requires that the full curb and gutter be extended out to eliminate the chevroned area just north of Condor south, on the East side of the roadway. The area eliminated in the chevroned area would then become landscaped area. Mr. Backhus said Litton agrees to Condition 65 (d) . Mr. Kueny said that a number of conditions that are only cited in the IPD should also be included as part of the tentative map. CONSENSUS: By consensus the Council determined to include in the tentative map the conditions sited in the IPD. Mr. Kueny said that no variance application had been received for the reduction of parking space length to 19 1/2 ft. Ms. Kane said that an applicant cannot come before the Council and request a variance, they must follow the mandated process. Mr. Kueny said that a variance was not warranted and there are two options for changing the parking spaces in the structure, the Council can change the zoning code requirements in that regard or the applicant can redesign the building. Mayor Lawrason closed the public hearing. Mayor Lawrason said he would like staff to look at current convention regarding parking in adjacent cities and consider the potential for changing the parking requirements in the future. Councilmember Montgomery said he supported reviewing the zoning code with regard to parking standards for the possible inclusion of a section on parking in multi - leveled facilities. He said the addition could still provide the requirement Minutes of the City Council Moorpark, California Page 8 May 22, 1991 for 180 sq. ft. per parking space but allow for modifications to length and width. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to continue the item to the June 5, 1991 meeting; to direct staff to prepare the resolutions and the documentation to make the necessary findings at the meeting; the public hearing to remain open. The motion carried by unanimous voice vote. Mayor Lawrason reopened the public hearing. Mr. Backhus asked for clarification of certain points in his April 25 letter. In response to Mr. Backhus, Councilmember Montgomery said the bonding condition requirements remain unchanged. He also clarified that Condition 37 regarding park fees is not being changed and that staff will meet with the applicant to identify bike lane requirements (Condition 65). 11. ACTION /DISCUSSION ITEMS: A. Consider CDBG Agreement for Grant and Loan to the Boys and Girls Club for Acquisition of a Gymnasium. Staff Recommendation: Approve the agreement for grant and loan to the Boys & Girls Club for acquisition of a gymnasium. Continued Item 11.C. from 5/1/91. Mr. Kueny stated that staff recommended continuance of this item. In response to Council question he said the City had not received any communication from the Moorpark Unified School District regarding the requested stipulation. MOTION: Councilmember Perez moved and Councilmember Talley seconded a motion to table the item until after the Closed Session this evening. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 9 May 22, 1991 B. Consider Authorization to Advertise for Receipt of Bids for the Construction of a Landscaped Barrier on Williams Ranch Road. Staff Recommendation: Approve plans and specifications and authorize staff to advertise for receipt of bids (Continued Item 8.J. from 5/1/91) Mr. Kueny stated that staff recommended continuance of this item to June 5, 1991. MOTION: Councilmember Perez moved and Councilmember Talley seconded a motion to continue the item to the June 5, 1991 City Council meeting. The motion carried by unanimous voice vote. AT THIS POINT in the meeting the Mayor declared a recess. The time was 9:05 p.m. The meeting reconvened at 9:10 p.m. D. Consider A Report from Budget and Finance Committee Regarding Emergency Medical Services. Recommendation: Direct staff as deemed appropriate. Nancy M. DeLegge, 51 -1006 Majestic Court, spoke in support of the proposal for paramedics to be placed in each of the Fire Stations in Moorpark. She said the first person on the scene is the one who must be able to administer paramedic care and most often that is the Fire Department. (Mayor Lawrason read the above statement as requested by Ms. DeLegge.) George Lund, Chief of the Ventura County Fire Protection District, 395 Willis Avenue, Camarillo, said he is not opposed to the firefighters serving as paramedics but he believes their pilot program is premature. He said the next step is to implement the MTD (defibrillator) program to place semi - automatic defibrillators on all first response vehicles. He stated that the pilot paramedic program would cost more than estimated by the Ventura County Professional Firefighter's Association. He said expenses would include maintenance and bringing to current status the licensing of the paramedics. In addition, he said liability insurance is a concern. Ken Bates, 2604 Basel Court, Ventura, spoke representing the Ventura County Professional Firefighter's Association. He expressed support for the proposed pilot program for emergency Minutes of the City Council Moorpark, California Page 10 May 22, 1991 medical services which would place paramedics on existing fire equipment in each fire station. Jim Arledge, 1507 Meander Drive, Simi Valley, spoke as a member of the Ventura County Professional Firefighter's Association and gave his support for the proposed pilot program. Ken Maffei, 782 Moorpark Avenue, spoke as President of the Ventura County Firefighters Association. He indicated that Moorpark needs paramedics at the fire stations who can administer aid in emergency situations. At present, they cannot do so. He said some of the firefighters only need 40 -60 hours of continuing education to become re- certified as paramedics. Mr. Maffei stated that the paramedics would work in concert with Pruner Ambulance and would not jeopardize Mr. Pruner's business. Don Pruner, 72 Moody Court, Thousand Oaks, stated that he supports the MTD effort, but said Moorpark has paramedic coverage 100% of the time already. He does not believe the proposed pilot program can be implemented in 60 days. Cynthia Hubbard, 13611 Bear Valley Road, spoke in support of the pilot program proposed by the Ventura County Professional Firefighter's Association. Eloise Brown, 13193 Annette Street, reminded the Councilmembers of campaign promises to provide shorter response time at less cost to the citizens. She stated her support of the proposed pilot program. Victoria Cameron, 308 Paradise Circle, Camarillo, said she was a critical care nurse. She outlined many situations where only paramedics can assist victims and emphasized the need for the proposed pilot program in Moorpark as well as the rest of the County. Paul Radomski, 215 Anne Court, Newbury Park, spoke as an employee of the Santa Monica Fire Department. He said the delivery of emergency care in Moorpark will be enhanced by the pilot program. Minutes of the City Council Moorpark, California Page 11 May 22, 1991 John Nevandro, 970 Golden Crest Avenue, Newbury Park, stated he is an employee of the Santa Monica Fire Department. He said he supports the pilot program. Robert Wirtz, 1665 Tanbark Court, Westlake, spoke as a Captain for the Santa Monica Fire Department. He stated his support for the proposed paramedic program. Councilmember Perez indicated his support for the program. Councilmember Wozniak stated that the Council needed to move forward as a body to support the proposed program. Councilmember Talley said he saw the program as an enhancement to the existing program in the City. Mayor Lawrason expressed his support for reducing response times in the City but also expressed his concern with budget restraints and the possibility that the proposed service would cost more than projected. He indicated that it would be wise to wait until the full report on emergency medical services in the County was presented to the County in June. MOTION: Councilmember Montgomery moved to have the Council direct the Council Budget and Finance Committee to meet with Mr. Pruner on an ongoing basis during the next two weeks to one month to pursue locating one Pruner ambulance unit within the City and to direct the Committee to report back to the Council at the earliest possible date on the cost for this service; to direct the Committee to meet with Chief Lund and his staff during the next two weeks to identify Chief Lund's concerns regarding additional costs for the pilot program proposed by the Ventura County Professional Firefighters Association, to quantify those additional costs and report back to the Council; as part of the budget for FY 91/92 the following to be included to fund the paramedic pilot program expenses in the City: 1) $50,000 to be allocated from Gann Funds for the purchase of equipment; 2) $25,000 to be allocated from the General Fund to fund bonuses and salaries; Minutes of the City Council Moorpark, California Page 12 May 22, 1991 3) An additional amount of up to $50,000 for other program costs, the funding source to be determined by the Committee, the amount to be determined from the meetings with Chief Lund; A letter to be prepared for the Mayor's signature to the Board of Supervisors endorsing the pilot program proposed by the Ventura County Professional Firefighters Association and recommending to the Board that in light of the commitment of the City to fully fund all direct costs associated with the program, the Board is requested to place the item on their agenda for consideration prior to the next fiscal year; letters also to be sent to the Fire Protection District and the Paramedic Research Task Force; staff directed to contact the School District regarding the School District's possible contribution towards to the educational process of paramedic certification. The motion carried by unanimous voice vote, 5 -0 in favor. AT THIS POINT in the meeting a recess was declared. The time was 11:00 p.m. The meeting reconvened at 11:10 p.m. E. Consider Report from Ad Hoc Gang Committee. Staff Recommendation: Continue the matter to adjourned meeting May 22, 1991. Mr. Kueny gave the staff report. He said the staff recommendation was to direct the Ad Hoc Committee on Gangs to conduct two public meetings on gangs, one on June 18th and one on July 16th with a report back to the City Council; to direct staff to develop a job description for "Youth Outreach Coordinator" for consideration during budget deliberations; to request the School District to consider funding the "Youth Outreach Coordinator" during their budget deliberations; and, to direct staff to work with the District on the possibility of expanding the DARE curriculum with extra lessons dedicated to anti -gang themes. After Council discussion, the following motion was heard: MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to approve the staff recommendation as outlined by the City Manager above. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 13 May 22, 1991 F. _Consider Cinco de Mayo Report. Staff Recommendation: Direct staff as deemed appropriate. Mr. Newhouse deferred the staff report, saying he was available to answer any questions. Councilmember Wozniak said the Council had questions that could only be answered by Commissioner Crockatt. Councilmember Montgomery noted that Cheryl Zemont had requested that her letter, indicating she was not a member of the Cinco de Mayo Committee, be made a part of the record. The Council concurred that while the event itself was a success and no one associated with the event was thought to have taken any public funds for personal use, the proper procedures had not been followed and the funds and event procedures had been inappropriately managed. Councilmember Montgomery said the public needed to be assured that the inappropriate handling of public funds for an event would never happen again. He said there needed to be an admission by Commissioner Crockatt that a mistake had been made. He further stated that if that admission was not forthcoming, Commissioner Crockatt should be removed from the Parks & Recreation Commission. In response to Council question, Mr. Kueny stated that he recommended the Council consider an amendment to the appropriation for this event to allow for the payment of additional services provided but not approved in the City Council approved event budget of April 17, 1991. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to appropriate an additional $3,178.23 for the event from the General Fund Reserve. The motion carried by roll call vote 4 -1, Mayor Lawrason dissenting. Councilmember Perez commented on the beer garden for the event and requested that a copy of Lt. Rodriguez Is report on the event be given to the City Attorney for her review of the procedures of admittance. Minutes of the City Council Moorpark, California Page 14 May 22, 1991 G. Consider Donation to Send Student to Youth Conference. Staff Recommendation: Direct staff as deemed appropriate. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve an appropriation of $349 out of the Dare Trust Fund Account as a donation toward sending two youth leaders to the 1991 Regional Conference series for Drug -Free Youth. The motion carried by unanimous roll call vote. H. Consider Amendment to City Community Development Block Grant Acquisition Policy. Staff Recommendation: Direct staff as deemed appropriate. Mr. Hare gave the staff report. He went over the amendments to the CDBG Acquisition Policy to make it consistent with the Department of Housing and Urban Development's Handbook Number 1378. The amendments are as follows: 1) Amend page 4 of the policy to include the phrase "except:" at the end of the sentence described below, to read: a. General - The requirements of this chapter apply to any acquisition of real property for a project to be funded in part or in whole by the Community Development Block Grant Program, except: 2) Add to page 18 of Appendix A -1, "Definitions ", the definition from the Handbook entitled "State Agency" to read: STATE AGENCY. The term "State agency" means any department, agency or instrumentality of a State or of a political subdivision of a State, any department, agency or instrumentality of two or more political subdivisions of a State or States, and any person that has authority to acquire property by eminent domain under State law. MOTION: Mayor Lawrason moved and Councilmember Perez seconded a motion to approve the staff recommendation as outline by the Deputy City Manager above. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 15 May 22, 1991 J. Consider Conditional Use Permit Related to Boys and Girls Club Application. Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny gave the staff report. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to approve the staff recommendation to authorize that upon the determination that a completed application has been submitted for the CUP, that the Boys and Girls Club be allowed to operate during the entitlement processing under the provision of a Zoning Clearance. The motion carried by unanimous voice vote. 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 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 Ventura County Community College District vs. City of Moorpark. F. Litigation concerning the County of Ventura vs. City of Moorpark. G. Litigation concerning the Moorpark Mosquito Abatement District vs. City of Moorpark. H. Litigation concerning Colonial Mortgage vs. the City of Moorpark. I. Negotiations for Real Property at 280 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54945.8. Minutes of the City Council Moorpark, California Page 16 May 22, 1991 J. Negotiations for Real Property on Los Angeles Avenue (East) pursuant to Government Code Section 54945.8. K. Litigation concerning City of Moorpark vs. Chuy's Restaurant. L. Litigation concerning Conejo Freeway Properties, LTD. vs. City of Moorpark M. Litigation concerning City of Moorpark vs. Camrosa Water District. N. Litigation concerning City of Moorpark vs. Pacific Bell. O. Litigation concerning City of Moorpark vs. Southern California Gas Company. P. Litigation concerning City of Moorpark vs. Southern California Edison Company. Q. Litigation concerning City of Moorpark vs. Shell Oil Company. R. Personnel pursuant to Government Code Section 54957.6. The motion carried by unanimous voice vote. 15. ADJOURNMENT: AT THIS POINT in the meeting a recess was declared. The time was 12:06 a.m. The meeting reconvened into Closed Session at 12:21 a.m. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Cheryl Kane, City Attorney; Richard Hare, Deputy City Manager; and Ken Gilbert, Director of Public Works. Mr. Gilbert left the Closed Session at 12:33 a.m. The meeting reconvened into Open Session at 1:52 a.m. Mr. Kueny stated there was no action to report out of Closed Session and only 14.C., 14.D., 14.G., 14.J, 14.L., 14.0, and 14.Q. had been discussed. Minutes of the City Council Moorpark, California Page 17 May 22, 1991 15. ADJOURNMENT: MOTION: Councilmember Talley moved and Councilmember Perez seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 1:52 a.m. r� Paul W. La rason Jr., t1or ATTEST: