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HomeMy WebLinkAboutMIN 1991 0821 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California August 21, 1991 A Regular Meeting of the City Council of the City of Moorpark was held on August 21, 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 7:20 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Debra Broussalian. 3. ROLL CALL: Present: Councilmembers Montgomery, Talley, Wozniak and Mayor Lawrason Absent: Councilmember Bernardo Perez Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Pat Richards, Director of Community Development; Lt. Dean, Sheriff's Department; Ken Gilbert, Director of Public Works; Mary Lindley, Assistant to the City Manager; Phil Newhouse, Director of Community Services; Charles Abbott, City Engineer; Paul Porter, Senior Planner; Debbie Traffenstedt, Senior Planner; Dorothy Vandaveer, Deputy City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Mayor Lawrason introduced the City's Employee of the Month for August, Debra Broussalian. He cited Mrs. Broussalian for her accomplishments with the City. Mrs. Broussalian expressed gratefulness to City staff for the recognition as Employee of the Month. B. Mayor Lawrason welcomed Lieutenant Geoff Dean, the Sheriff's Department officer newly assigned to the City of Moorpark. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: 6. PUBLIC COMMENT: A. Dawn Mortara, 13631 Bear Valley Road, spoke representing the Environmental Coalition. She spoke in opposition to the Dry Canyon Multi- Purpose Facility Project. Minutes of the City Council Moorpark, California Page 2 August 21, 1991 B. Eloise Brown, 13193 Annette Street, expressed disagreement with the recommendation that a stop sign not be installed at the intersection of Annette Street and Cloverdale Street. She stated it is a dangerous corner and warrants the sign being installed. Mrs. Brown also inquired as to when the Environmental Impact Report is going to be available for the General Plan Update. C. Connie Lawrason, 4291 Ambermeadow Street spoke in opposition to the Dry Canyon Multi- Purpose Facility Project. D. Mary Horton - Wozniak, 735 Charles Street, spoke representing the Moorpark Branch of the Environmental Coalition. She spoke in opposition of the Dry Canyon Multi- Purpose Facility Project and said the protection of Happy Camp Park should be of utmost importance to the Council. 7. COMMITTEE REPORTS: None were presented. 8. CONSENT CALENDAR (Roll Call Vote): MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to pull items 8.D., Consider Donation from Griffin Family for Griffin Park Improvements; 8.F., Consider Arts Committee Request for Funding; and 8.G., Consider Public Works Storage Area, and approve the balance of the Consent Calendar. The motion carried by 4 -0 roll call vote, Councilmember Perez absent. A. Consider Approval of Minutes of Special City Council Meeting of August 7, 1991. Consider Approval of Minutes of Regular City Council Meeting of August 7, 1991. Consider Approval of Minutes of Special City Council Meeting of July 17, 1991. Consider Approval of Minutes of Regular City Council Meeting of July 17, 1991. Minutes of the City Council Moorpark, California Page 3 August 21, 1991 Consider Approval of Minutes of Adjourned City Council Meeting of July 24, 1991. Staff Recommendation: B. Warrant Register Fiscal Year 1990 -1991: Regular Warrants Fiscal Year 1991 -1992: Manual Warrants Voided Warrant Regular Warrants Approve minutes as processed. 15944 - 15955 15751 - 15754 15940 - 15942 15768 15956 - 16033 $ 80,102.79 $ 11,276.42 $ (4,560.01) $ 38,759.27 C. Consider City Manager Approved Contract: Cellular One. Staff Recommendation: Receive and file the report. E. Consider Planned Development Permit No. 851 Minor Modification No. 5 Request for a Second Floor Addition to an Existing Residence (D &M Construction). Staff Recommendation: Receive and file the report. H. Consider Street Sweeping Contract Cost Adjustment. Staff Recommendation: Receive and file the report. I. Consider Denial of a Request for the Installation of a Stop Sign at the Intersection of Cloverdale Street and Annette Street. Staff Recommendation: Receive and file the report. J. Consider Chamber of Commerce Agreement. Staff Recommendation: Approve agreement and authorize Mayor to sign agreement. K. Consider Moorpark Commuter Rail Station Notice of Proposed CEOA Statutory Exemption. Staff Recommendation: City Council concur with the filing of a Notice of Exemption. L. Consider Attendance at the League of California Cities Annual Conference by Councilmembers. Staff Recommendation: Approve attendance at League Conference by Councilmembers per Moorpark Operating Procedure No. 1. Minutes of the City Council Moorpark, California Page 4 August 21, 1991 M. Consider Assessment Overpayment Refund for William & Charlene Owens. Staff Recommendation: Approve the late request for refund of assessment district overpayments to William and Charlene Owens. N. Consider a Report Regarding a Proposed Resolution to Determine the Code Enforcement Technician As a Public Officer. Staff Recommendation: Approve the draft resolution to assign the Code Enforcement Technician as a public officer for issuance of parking citations only. O. Consider Appropriation of Funds for the Construction of Parkway Landscaping on the North Side of Los Angeles Avenue Between Spring Road and Millard Street and the Selection of a Landscape Architect to Prepare a Design for Said Proiect. Staff Recommendation: Appropriate $50, 000 from Los Angeles Avenue AOC and approve selection of a landscape architect. The following items were pulled from the Consent Calendar for individual consideration: D. Consider Donation from Griffin Family for Griffin Park Improvements. Staff Recommendation: Receive and file the report. Mayor Lawrason expressed appreciation on behalf of the City to the Griffin family for their donation of $10,000 for improvements to the park. MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to accept the gift and send a letter to the Griffin family expressing appreciation. The motion carried by 4 -0 voice vote, Councilmember Perez absent. F. Consider Arts Committee Request for Funding. Staff Recommendation: Appropriate $600 from General Fund Reserves for purchase of tickets and distribute tickets to needy families. Mayor Lawrason commented that the Arts Committee has provided some excellent services in the Community and has matured to now become an independent organization without further assistance from the City. Minutes of the City Council Moorpark, California Page 5 August 21, 1991 MOTION: Mayor Lawrason moved and Councilmember Talley seconded a motion to 1) appropriate $600 from general fund reserve to general fund account 01.4.117.642 for the purchase of tickets to the production "Silver Spittoon Saloon "; 2) direct the recreation department to solicit requests for tickets from needy families and distribute the tickets accordingly; 3) delete the Arts Committee from the list of City Council appointees, recognizing them as an independent agency; and 4) remove the staff liaison from the Arts Committee and eliminate the waiver of fees for use of facilities. The motion carried by 4 -0 roll call vote, Councilmember Perez absent. G. Consider Public Works Storage Area. Staff Recommendation: Receive and file the report. Councilmember Wozniak stated that he pulled this item to make the public aware that alternative sites are being surveyed for this storage area. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to receive and file the report. The motion carried by 4 -0 voice vote, Councilmember Perez absent. 9. PUBLIC HEARINGS: A. Consider Resolution of Necessity No. 91- to Acquire Certain Street Right -of -Way at 14110 Los Angeles Avenue (Patton). Staff Recommendation: Adopt Resolution No. 91- (Continued Item 9.D. from 8/7/91) Mr. Kueny recommended this item be continued for two weeks to allow possible negotiation of a purchase agreement with Mr. Patton. MOTION: Councilmember Talley moved and Mayor Lawrason seconded a motion to continue this item to the next regular meeting of September 4, 1991. The motion carried by 4 -0 voice vote, Councilmember Perez absent. B. Consider Resolution No 91 -793 Vacating a Portion of Surplus Spring Road Right -of -Way. Staff Recommendation: Approve Resolution No. 91 -793. Mr. Kueny explained that on the east side of Spring Road south of Peach Hill Road is a small piece of surplus property which is not needed for the full development of street improvements consistent with the street improvement plans. The street right -of -way can be Minutes of the City Council Moorpark, California Page 6 August 21, 1991 vacated by the City and returned to the Presbyterian Church by the adoption of Resolution No. 91 -793. Mayor Lawrason opened the public hearing. There being no speaker cards submitted for this item, Mayor Lawrason closed the public hearing. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to adopt Resolution No. 91 -793 vacating a portion of surplus street right -of -way on the east side of Spring Road south of Peach Hill Road. The motion carried by 4 -0 voice vote, Councilmember Perez absent. C. Consider CPD 89 -1 and -2 (Major Mod) Mission Bell Plaza and TI& 4757 on Application of Ventura Capital Pacific Company and Macleod Construction Company. A Proposal to Amend the Site Plan of a Previously Approved Shopping Center. Staff Recommendation: Accept public testimony on the proposed project and Draft Supplemental EIR and revised site plan. Continue the hearing until City Council meeting of September 18, 1991. Tim Deniro, the Planning Corporation, gave the staff report. In response to Councilmember Talley, Mr. Deniro indicated that the increase in traffic from the initial project to the modified version now being presented is due to the increase in the retail square footage. In response to Mayor Lawrason, Mr. Deniro clarified that the previous square footage of the project was 246,528 and it is now proposed to be 265,940. He further clarified that the outside area of the K -Mart store is included in the retail square footage. Mayor Lawrason opened the public hearing. Elaine Freeman, 2509 E. Thousand Oaks Blvd, Thousand Oaks, spoke representing Urban Strategies. She gave an overview of the project and introduced the representative from K -Mart Stores, Richard Williams. Richard Williams, K -Mart Western Regional Office, Covina, California, Real Estate Development Manager with K -Mart stores, provided an overview of K- Mart's operations in California. He also requested that the City Council consider approval of one parking stall per 400 square feet of retail space in the proposed project. He also Minutes of the City Council Moorpark, California Page 7 August 21, 1991 requested consideration for a pylon sign identifying the site, or at least an elevated monument sign. He expressed K- Mart's interest in having an assessment district formed for sewer and drainage requirements. In response to Councilmember Talley, Mr. Williams stated that the public address system in the patio nursery section of the proposed store is a new design that is not audible outside of the store. The speakers are in enclosed spaces. Mitchell Kahn, 351 Rolling Oak Drive, Thousand Oaks, legal counsel for Ventura Pacific Capital, referenced a checklist that was provided to Council. Applicant requests the following: 1. Parking requirement of 1 space per 300 square feet of building area. 2. Internally lit monument signs. 3. Temporary private property parking behind K -Mart along Lassen Avenue in the 20 foot landscape area on Lassen until issuance of occupancy permit for Phase 1 of CPD 89 -1. They would bond and sign a guarantee agreement with the City that future landscaping will replace parking. 4. Segregate fees for each public agency by Phase. 5. Eliminate any reference to the "Upper Commercial" which has now been deleted. 6. Since storm drain enlargement improvements are not required between Shasta Avenue and Arroyo Simi, please reword so $100,000 is applied to undersized line east of Shasta Avenue. 7. Reciprocal Access Agreement (REA) to be recorded prior to zoning clearance of CPD 89 -1 (Macleod). 8. Approve a "hold harmless agreement" so the applicant can immediately file the plans with the Building Department. 9. Applicant requested that they be allowed to meet with the Council committee and the K -Mart representatives to come to some agreement on the sign issue. Minutes of the City Council Moorpark, California Page 8 August 21, 1991 10. Applicant requests to pay the APCD fees based upon the original approval. The new fee would be paid for the additional square footage. 11. Council direct staff and the City Manager to work with the applicant to define a scope of work and timing for an assessment district. Ken Macleod, Macleod Construction Company, said they want to be able to record LDM 89 -2 when it is ready to occur without a requirement for bonding. Due to the fact that they do not have the anchor tenant committed yet, the provision of bonding presents some difficulties. He requested that they be permitted to record the LDM without bonding. Mayor Lawrason indicated that he had speaker cards from Richard Devericks and Robert Warren, who are available to answer questions. Sylvia Whittaker, 461 Cornett Avenue, asked the Council why this project has not gone back to the Planning Commission for their reconsideration. She stated that she has concerns regarding the through- street that is proposed to go to Poindexter. She reminded the Council that there is a pending General Plan Amendment regarding that very item. Mr. Richards explained that the status of the General Plan Amendment is pending the filing of the RPD permit. Barbara A. Schultz, 116 Sierra Avenue, stated her concerns regarding the proposed project. Mela Cano, 148 Sierra Avenue, expressed concerns about 1) the elevation of the field behind her house and how the grading will affect drainage, 2) the noise level with the increased traffic from delivery trucks passing behind her house, 3) landscaping of the project, 4) the buffer area which she feels is not wide enough, 5) security in the shopping center, 6) her health and the fact she suffers from allergies, 7) privacy that may be invaded due to the center, 8) the value of her home, 9) the alley behind the center as it will draw graffiti and provide a place for crime, and 10) the type of stores that will be allowed as tenants in the center. Doug Frazier, 237 Sierra, stated his concern over the air quality of the area once the shopping center is opened. Minutes of the City Council Moorpark, California Page 9 August 21, 1991 Ethel Sulkis, 270 Sierra, inquired about two items: 1) will Liberty Bell Road be allowed to extend into the future residential area, and 2 ) will Lassen remain closed and Park Lane continue north beyond where it ends today? During Council discussion, Councilmember Montgomery commented that between now and September 4, he would like to request staff to provide additional information regarding the following: 1) the minimum distance from the nearest building to Barbara Schultz's property, 2) information regarding at what grade the fence begins its ascent and the height of that fence and when in the process it is to be built, and 3 ) an answer regarding the current zoning on this property and when it became effective. In response to Councilmember Montgomery, Pat Richards stated that the conceptual landscape plan was included in the packet and the staff can provide additional information. Councilmember Montgomery stated for public information that approval of the major modification requested by the applicant will not necessarily construe an approval of a landscaping, lighting and signage plan. They proceed separately through the process. Councilmember Montgomery also requested that staff provide a written response to the applicant's concerns and requests as outlined in the checklist provided to the Council. Councilmember Wozniak stated the potential for using reclaimed water for reducing fugitive dust created in the construction process should be explored and that because of the dust he would not like to see construction taking place at a time when children will be at Chaparral school. Councilmember Talley commented that he would like staff to create a condition that a private security firm be employed during hours of operation of the center. MOTION: Councilmember Talley moved and Councilmember Wozniak seconded a motion to continue the hearing to the next regular meeting of September 4, 1991. The motion carried by 4 -0 voice vote, Councilmember Perez absent. Minutes of the City Council Moorpark, California Page 10 August 21, 1991 Mayor Lawrason said he would like staff to look at the parking situation for a possible compromise with the applicant. He said bicycle racks also need to be included in the planning. Mr. Kueny stated that the Council may wish to consider the following points that could help expedite the project: 1. Checklist Item No. 8 requesting Council to approve a "hold harmless agreement" so that the applicant can immediately file their plans with the Building Department. Mr. Kueny said this could be authorized as it is totally at the applicant's risk. 2. Checklist Item No. 11 requesting Council to direct the Staff and City Manager to work with the Developer to define a scope of work and timing for an assessment district. Mr. Kueny stated that with the projected opening date of K -Mart in November, 1992, it presents a short time -frame in which to put an assessment district in place. Council may consider directing staff to proceed with the assessment district process after the applicant has made a deposit for staff time with the understanding that staff could set a reasonable deposit amount relative to the assessment district. 3. Council may want to direct the Community Development Committee to begin reviewing the signage for the center. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to direct staff to proceed with the City Manager's three recommendations as stated above. The motion carried by 4 -0 voice vote, Councilmember Perez absent. 10. COMMENTS FROM COUNCIL MEMBERS: None. AT THIS POINT in the meeting, the Mayor declared a recess. The time was 9:15 p.m. The City Council reconvened at 9:45 p.m. Minutes of the City Council Moorpark, California Page 11 August 21, 1991 11. ACTION /DISCUSSION ITEMS: A. Consider Proposed Dry Canyon Multi - Purpose Facility Project (County of Ventura CUP 4714). Staff Recommendation: Direct staff as deemed appropriate. Councilmember Montgomery stepped down from the dais due to a conflict of interest as he serves on the Ventura County Solid Waste Management Commission. Pat Richards gave the staff report. He indicated that a staff member will be attending the pre - submittal review meeting to be held on August 29 when this project is presented to the County staff and will be able to provide additional information to the Council after that meeting. Councilmember Wozniak stated that the City needs to be more involved with this review process at the County level and take a proactive role. Mayor Lawrason said he has visited the site and is concerned with the magnitude of the project and its impact on the surrounding area. He said the City needs to outline its concerns and let them be known to the County early in the review process. MOTION: Mayor Lawrason moved and Councilmember Wozniak seconded a motion to receive and file the report. The motion carried by a 3 -0 voice vote, Councilmembers Montgomery and Perez absent. Councilmember Montgomery returned to the dais. B. Consider Discussion of P.U.C. Rule 20A and the Possible Designation of Candidate Areas for the Undergrounding of Overhead Utilities. Staff Recommendation: Direct staff to prepare 1) an ordinance pertaining to the establishment of Underground Utility Districts; and 2) a cost and feasibility analysis of one or more of the candidate areas. Ken Gilbert gave the staff report. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to 1) direct staff to prepare an ordinance pertaining to the establishment of Underground Utility Districts; and 2) direct staff to prepare and review with the Public Works & Facilities Committee a cost and feasibility analysis of all eight candidate areas and to verify Minutes of the City Council Moorpark, California Page 12 August 21, 1991 the inclusion of all areas of the City. The motion carried by 4 -0 voice vote, Councilmember Perez absent. C. Reconsider Previous Actions Regarding Resolutions of Approval for Residential Planned Development Permit Nos. 90 -1, 90 -3 and 90 -4 plus Tentative Tract Maps 4738 and 4726 (Applicant - The Westland Company). Staff Recommendation: Make no change to conditions of approval and consider change to Affordable Housing Agreement. Pat Richards gave the staff report. In response to Councilmember Talley regarding when the fee would be payable on Options 1 and 2 as provided in the staff report, Mr. Richards stated normally it is paid at the time of the issuance of the building permit; however, Council could specify when it would be paid. CONSENSUS: By Consensus, the Council determined to allow the applicant's representative to speak. Allen Camp, 1050 South Kimball, Ventura, legal counsel for The Westland Company, addressed the conditioning that would require the applicant to make a contribution of $3,000 per unit to the City which will be used to fund public street or traffic improvements which would be directly or indirectly impacted by project generated traffic. He stated that his client does not have the same understanding as the City with regard to this proposed condition. He said there is a fixed price on the affordable units and if a certain level is exceeded, the applicant has to rely on the market rate to absorb those costs. In response to Mr. Talley's question about when the fee would be paid on Option 1 and Option 2, Mr. Camp mentioned that he was told by staff that payment of the fee could feasibly wait until occupancy and in addition, that the applicant could raise the affordable price. Mr. Camp requested that the Council continue this item until the meeting of September 4. He requested the time to reevaluate the financial situation with the joint venture partners. In response to Councilmember Talley, Mr. Kueny clarified that the second reading of the ordinance would not occur until after approval of the Affordable Housing Agreement by both parties. Minutes of the City Council Moorpark, California Page 13 August 21, 1991 Mr. Camp stated that if the Affordable Housing Agreement is not approved by September 4, there is a provision in the agreement that says it does not become effective until all of the land use entitlements become effective. Mr. Kueny said the City Attorney has advised that if we can have second reading on the 4th of September we will do so. Staff does not believe that all of the affordable documents can be signed by the 4th and the 18th is the target date. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion that this item be continued until September 4, 1991. The motion carried by 4 -0 voice vote, Councilmember Perez absent. D. Consider Thousand Oaks Non - Resident Library User Fee. Staff Recommendation: Send letter to City of Thousand Oaks opposing imposition of fee. Mary Lindley gave the staff report. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion that the Mayor send a letter to the Thousand Oaks City Council to express Moorpark's concerns regarding the implementation of the fee, and direct the Budget and Finance Committee to discuss this matter with Supervisor Vicky Howard. The motion carried by 4 -0 voice vote, Councilmember Perez absent. 12. ORDINANCES: A. Consider First Reading of Ordinance No. V14 - An Ordinance Adopting Zone Change No. Z -90 -2 (Westland Company). Cheryl Kane recommended that second reading of this ordinance occur after the Affordable Housing Agreement has been fully executed by both parties. Cheryl Kane read the title. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to read the ordinance by title only. The motion carried by 4 -0 voice vote, Councilmember Perez absent. Minutes of the City Council Moorpark, California Page 14 August 21, 1991 MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to waive further reading and declare Ordinance No. 144 introduced for first reading. The motion carried by 4 -0 voice vote, Councilmember Perez absent. 13. FUTURE AGENDA ITEMS: Councilmember Montgomery requested a status report at the next meeting on the General Plan Amendment regarding the circulation element with regard to Liberty Bell Road. 14. CLOSED SESSION: MOTION: Councilmember Montgomery moved and Councilmember Wozniak 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. K. Litigation concerning City of Moorpark vs. Chuy's Restaurant. Minutes of the City Council Moorpark, California Page 15 August 21, 1991 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. Negotiations for Real Property on south Side of High Street (Southern Pacific /VCTC) pursuant to Government Code Section 54945.8. The motion carried by 4 -0 voice vote, Councilmember Perez absent. AT THIS POINT in the meeting a recess was declared. The time was 10:35 p.m. The meeting reconvened into Closed Session at 10:45 p.m. Present in Closed Session were Councilmembers Montgomery, Talley, Wozniak, Mayor Lawrason; Steven Kueny, City Manager; Cheryl Kane, City Attorney; Richard Hare, Deputy City Manager; and Pat Richards, Director of Community Development. Mr. Richards left the Closed Session at 11:00 p.m. The meeting reconvened into Open Session at 11:55 p.m. Mr. Kueny stated there was no action to report out of Closed Session and only 14.A, 14.C., 14.H., 14.J., 14.L., 14.M., and 14.R. had been discussed. Minutes of the City Council Moorpark, California Page 16 August 21, 1991 15. ADJOURNMENT: MOTION: Councilmember Talley moved and Councilmember Wozniak seconded a motion to adjourn the meeting. The motion carried by 4 -0 voice vote, Councilmember Perez absent. The time was 11:57 p.m. Pau W. LaWxason Jr. , yor ATTEST: