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HomeMy WebLinkAboutMIN 1991 1120 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California November 20, 1991 A Regular Meeting of the City Council of the City of Moorpark was held on November 20, 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 7:19 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Vicki Fox. 3. ROLL CALL: Present: Councilmembers Montgomery, Perez, Talley, Wozniak, and Mayor Lawrason. Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Pat Richards, Director of Community Development; Sgt. Rouse, 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; Dirk Lovett, Assistant City Engineer; Lillian Kellerman, City Clerk; Dorothy Vandaveer, Deputy City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Introduction of Employee of the Month for October, Vicki Fox. Mayor Lawrason introduced Ms. Fox. B. Introduction of Employee of the Month for November, Carolyn Greene. Mayor Lawrason introduced Ms. Greene. C. Proclamation declaring November, 1991 as Alzheimer's Disease Month. Councilmember Perez read the proclamation and presented it to May Stage, Ventura County Chapter President of the Alzheimer's Association. Minutes of the City Council Moorpark, California Page 2 November 20, 1991 D. Proclamation designating December 1 -7, 1991 as Aplastic Anemia Awareness Week. Councilmember Montgomery presented the proclamation to Kit Skelton, representative from the National Bone Marrow Registry. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 6. PUBLIC COMMENT: Connie Lawrason, 4291 Ambermeadow Street, presented the report from the Citizens Transportation Advisory Committee meeting for the month of November, 1991. She indicated that the major topic of discussion at the meeting was the draft Congestion Management Plan for Ventura County. She mentioned two other items of concern as 1) large trucks double - parking in front of Circle K market on Los Angeles Avenue, and 2) a freight train that has been intermittently blocking traffic on Moorpark Avenue during the evening. Keith F. Millhouse, 12417 Willow Grove Court, spoke regarding Item 11.B., the standing water on the sidewalk on Mountain Trail Street in the Willows II development. He indicated that City staff believes the sidewalk does not belong to the City and, therefore, the problem of the water on the sidewalk is not the City's liability or responsibility to repair. He disagreed with this conclusion and called upon the City to repair the problem. Greg Uy, 3951 Ashbourne Lane, spoke regarding a problem he has encountered with a contractor performing work on his private property. He requested the Council to take steps to protect homeowners and taxpayers from unscrupulous contractors. Eloise Brown, 13193 Annette Street, requested the City staff to re- evaluate the possibility of placing a stop sign at the intersection of Cloverdale and Annette Streets. She said it is used by many schoolchildren and warrants further consideration. Leonard Liston, 12850 Andalusia Drive, Camarillo, spoke regarding item 8.E., PD -1066 Minor Modification No. 2 -A Request to Construct a Canopy Over the Gas Pumps and Modify Condition of Approval Regarding Signs. Mr. Liston appealed to the City Council to remove this item from the Consent Calendar and to place it on the Action/ Discussion portion of the next City Council agenda. Mr. Liston indicated that he is not in a position to meet some of the conditions of approval at this time so is requesting that the item not be approved as written. Minutes of the City Council Moorpark, California Page 3 7. COMMITTEE REPORTS: None. 8. CONSENT CALENDAR: (Roll Call Vote) November 20, 1991 MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to pull items 8.C., 8.E. and 8.P. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Minutes of the Regular City Council Meeting of November 6, 1991. Consider Approval of Minutes of the Special City Council Meeting of November 6 1991. Staff Recommendation: Approve minutes as processed. B. Warrant Register FY 1991 -92 Manual Warrants 14233 -14235 $ 467.41 Regular Warrants 14241 -14339 $384,693.73 D. Consider Consultant Selection Regarding Planning Services in Association with General Plan Amendment Rezoning and _Entitlement Processing for the McDonald's Corporation Proposal at the Northeast Corner of Spring Road and New Los Angeles Avenue. Staff Recommendation: 1) City Council confirm the approval of the Planning Corporation of Santa Barbara as the selected consultant, 2) Require McDonald's Corporation to deposit $20,000 with the City to cover estimated cost of the consultant plus City administrative costs, 3) authorize City Manager to sign said contract after deposit by McDonald's Corporation, and 4) Council give direction to staff regarding General Plan update billing outstanding for this property. F. Consider Final Cost Accounting for Nogales /Avenida Colonia Street Improvement Project. Staff Recommendation: Receive and file the report. G. Consider Resolution No. 91 -817 Establishing a NO STOPPING ANYTIME Zone on Both Sides of Tierra Relada Road from Spring Road to Los Angeles Avenue and Repealing Resolution No 87 414. Staff Recommendation: Approve Resolution No. 91 -817. Minutes of the City Council Moorpark, California Page 4 November 20, 1991 H. Consider Resolution No. 91 -818 Establishing NO STOPPING ANYTIME Zones on Both Sides of Los Angeles Avenue and New Los Angeles Avenue from the Route 23 Freeway Westerly to a Point One Hundred Feet West of Butter Creek Road; and Repealing Resolutions 86 -339 87 -410, 89 -583, 89 -584, 89 -625, and 91 -795 after Approval by CalTrans. Staff Recommendation: Adopt Resolution No. 91 -818. I. GTE California Incorporated V. State Board of Equalization. Staff Recommendation: Receive and file the report. J. American Telephone and Telegraph Company - Interstate Division; AT &T Communications of California, Inc. V. State Board of Equalization - Supplemental Complaint. Staff Recommendation: Receive and file the report. K. Consider Resolution 91 -819 to Rescind Council Action of October 16, 1991 with Regard to Mission Bell Plaza Resolutions. Staff Recommendation: Adopt Resolution No. 91- 819 rescinding Resolution No. 91 -812. L. Consider Purchase and Construction of Work Areas for the Two Senior Planners. Staff Recommendation: Approve purchase and construction of work areas and transfer of $10,000 from the General Fund Reserve to administrative services for this project. M. Consider Amendment to Agreement for Architectural Services for Arroyo Vista Community Park Community Use Building. Staff Recommendation: Approve amendment to agreement and authorize the Mayor to execute same. N. Consider City Manager Approved Contract - Software Services Agreement with Business Records Company. Staff Recommendation: Receive and file the report. 0. Consider Budget Amendment to Fund Payment of Certain past Expenses for the City's Share of Costs for Traffic Signals on State Highways. Staff Recommendation: Appropriate $8,209.67 from Gas Tax Funds and approve payment of past due Caltrans traffic signal maintenance costs. Q. Consider Approval of Supplement No. 002 to State -Local Master Agreement No. SLTPP -5436, Pertaining to Partial Funding for the Construction of a Traffic Signal at the Intersection of Peach Hill Road and Spring Road. Staff Recommendation: Approve the subject Supplemental Agreement and authorize the Mayor to execute same. Minutes of the City Council Moorpark, California Page 5 November 20, 1991 The following items were pulled from the Consent Calendar for individual consideration: C. Consider Clarification of September 4 1991 Action Pertaining to Separate General Plan Processing for the McDonald's Proposal at Northeast Corner of Spring Road and New Los Angeles Avenue. Staff Recommendation: 1) City Council require A &A Development to pay $12,031.81 with the City prior to the established date of November 29, 1991; 2) Direct staff not to require McDonald's Corp. to pay for a GPA or rezoning application at this time; 3) Direct staff to include the entire 3.86 acre site as part of the entitlement application processing for only the map consideration. Mayor Lawrason said he needed clarification as to the position of the City on whether the property owners of the subject parcel are in or out of the General Plan Udpate. In response to Mayor Lawrason, Mr. Richards said the property owners are still part of the General Plan Update process. Only the portion of their property that is the McDonald's proposal has been separated from the General Plan Update. Mayor Lawrason asked if this was the Council's perception of their previous action. He said if the property owners remain in the General Plan Update, what conclusion that will come out of that process for the property owners considering the fact that there is a piece of their property that is going to be entitled or at least is on the road to being entitled. In response to Mayor Lawrason, Mr. Kueny stated that if the proposed date for the conclusion of the General Plan Update (end of February) is achieved, potentially all or part of that site would be zoned commercial and that would allow the McDonalds' application for the Planned Development and the map to be consistent with the land use. However, if the land use does not become commercial, then the map and the PD could not be found in conformity with the General Plan. Mr. Kueny continued by saying that it is very difficult to pull this project out of the update process. Mayor Lawrason stated that it was his recollection that we took this property out of the General Plan Update. Mr. Kueny responded that for clarification this matter was being brought to Council. The Council's prior intent was not clear to staff. Minutes of the City Council Moorpark, California Page 6 November 20, 1991 Councilmember Montgomery indicated that the concurrent processing suggested by staff is the most logical process to follow. MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to 1) require A &A Development Corporation to pay $12,031.81 to the City prior to the established date of November 29, 1991; 2) to direct staff not to require the McDonald's Corporation to pay for a General Plan Amendment or rezoning application at this time, such applications may or may not be needed following Council's decision regarding the subject site as part of the General Plan Update hearings; 3) to direct staff to include the entire 3.86 acre site as part of the entitlement application processing for only the parcel map consideration. The motion carried by unanimous voice vote. E. Consider PD 1066 (Liston Car Wash) Minor Modification No 2 -A Request to Construct a Canopy Over the Gas Pumps and Modify Condition of Approval Regarding Signs. Staff Recommendation: Receive and file the report. Councilmember Montgomery commented that an appeal of the Director's decision is the course of action at this point in light of the applicant's request that the Minor Modification not be approved as written. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to appeal the Director of Community Development's decision regarding Minor Modification No.2 -A and to agendize the matter for the December 4, 1991 City Council meeting. The motion carried by unanimous voice vote. P. Consider Amending Council Action Concerning Conference Attendance by Parks and Recreation Commission. Staff Recommendation: Approve Budget & Finance Committee recommendation that the Council's original direction be reaffirmed. Councilmember Perez commented that if the Parks and Recreation Commission is able to send more Commissioners than the two previously designated, it should be allowed because the City receives a greater benefit by having as many attend as possible. He said the Parks and Recreation Commission should be allowed to expend their budget as they determine. John Wozniak stated that the Parks and Recreation Commission has shown movement towards more frugality and should be allowed to have more than two Commissioners attend the conference if their budget allows. Minutes of the City Council Moorpark, California Page 7 November 20, 1991 Councilmember Montgomery said the Budget and Finance Committee recommends that the original budget action be maintained. Mayor Lawrason indicated that it is not consistent to deviate for this one occasion. He said the Council previously decided to take action to delineate the number of Commissioners and staff to attend the conference. Councilmember Talley said if the Commissioners can benefit from attendance then he sees nothing wrong with more persons attending. His concern is that no estimates have been provided for lodging and related costs and he would like to have them brought forward for Council consideration. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to continue the matter to the City Council meeting of December 4, 1991; staff to determine the cost for lodging. The motion carried by unanimous voice vote. CONSENSUS: By consensus, the Council determined that the Budget and Finance Committee would review the matter before it comes back to Council. 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.A. from 8/21/91, 9/4/91, 9/18/91, 9/25/91, 10/2/91, 10/16/91 and 11/6/91). There were no speakers cards presented. Mr. Kueny recommended this item be taken off calendar. Mayor Lawrason closed the public hearing. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to take this item off calendar. The motion carried by unanimous voice vote. 10. COMMENTS FROM COUNCIL MEMBERS: A. Nomination and Selection of Mayor Pro Tem. NOMINATION: Councilmember Talley nominated John Wozniak as Mayor Pro Tempore. Mayor Lawrason closed the nominations. The voice vote in favor was unanimous. Minutes of the City Council Moorpark, California Page 8 November 20, 1991 B. Appointment to Countywide Planning Program Advisory Committee. MOTION: Mayor Lawrason moved and Councilmember Wozniak seconded a motion to appoint Dee Talley to the Countywide Planning Program Advisory committee. The motion carried by 4 -1 voice vote, Councilmember Talley abstaining. 11. ACTION /DISCUSSION ITEMS: A. Consider Congestion Management Plan. Staff Recommendation: Direct staff as deemed appropriate. Mr. Gilbert gave the staff report. Councilmember Montgomery commented that the public has a right to demand that the impacts on the community be analyzed in a full Environmental Impact Report. He said he hopes the public hearing will have good attendance even though it has not been made convenient for the public to attend. In response to Councilmember Wozniak, Mr. Gilbert clarified that in accordance with the law, if an EIR is required, the adoption of the plan can be postponed for one year. In response to Council question about the need for a Special Meeting to be called for their attendance at the hearing on December 6th, Ms. Kane said if they attend either as individuals or as City Councilmembers who have been directed by the full Council to attend, they will simply be conveying the City's position and not taking any action; therefore, it would not be a violation of the Brown Act. In response to Mayor Lawrason, Ms. Kane said that there would be no conflict of interest for him to serve as Alternate to the Transportation Commission at the meeting. Councilmember Montgomery volunteered to be in attendance to speak for the Council at the hearing to be held on December 6, 1991. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to direct Councilmember Montgomery to attend the Ventura County Transportation Committee public hearing on the Congestion Management Plan to be held December 6, 1991 to present the City's concerns with the document. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 9 November 20, 1991 B. Consider Standing Water Problem on Sidewalk on the West Side of Mountain Meadows Drive North of Tierra Rejada Road (Tract 3989 -4 Willows II). Staff Recommendation: Direct staff as deemed appropriate. Mr. Gilbert gave the staff report. Mayor Lawrason stated it is very clear that the City is interested in solving the problem but the question of ownership is important in this matter as the City cannot legally allow a gift of public funds. Councilmember Talley concurred that the City does not have an easement and, therefore, does not have the authority to make the correction to the problem. He suggested that the Willows II Homeowners Association contract for the repairs and negotiate with Urban West Communities to recoup the cost. In response to Councilmember Wozniak, Mr. Kueny said that the Willows II Homeowners Association could have the repairs made while the easement was being processed. The City would then be able to take the sidewalk into the City's system and an amount of reimbursement could be agreed upon with the Homeowners Association. Mr. Kueny said that a general easement, as opposed to a legal description, could be processed faster. In response to Councilmember Perez, Ms. Kane stated that the state legislature has been concerned that cities not be burdened with property they have not formally accepted and so the city will not have responsibility for the sidewalk until accepted. Councilmember Montgomery stated that Mr. Millhouse made some incorrect statements this evening. Councilmember Montgomery said ownership is the key issue and for the City to expend money to repair the standing water problem when the City didn't own the sidewalk would be a gift of public funds, which is illegal. Mr. Montgomery said the Homeowners' Association needs to fix the problem. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to (1) direct staff to communicate with the Willows II Homeowners Association regarding their responsibility for mitigation of the standing water on their sidewalk; 2) direct staff to contact other HOA's where the City doesn't have easements for their sidewalks; 3) the Public Works/ Facilities Committee to work with the Willows II HOA to arrange for coordination and transfer of easements, and to negotiate reimbursement from Urban West Communities to the HOA; 4 ) the Committee to report back to Minutes of the City Council Moorpark, California Page 10 November 20, 1991 Council regarding negotiations. The motion carried by unanimous voice vote. C. Authorize the City Manager to Amend Fiscal Year 1992/93 Transit Capital Improvement Application Requesting Funds for Design and Construction of the Moorpark Intercity Rail Station. Staff Recommendation: City Council authorize the City Manager to amend the City's FY 1992/93 TCI application requesting funds for design and construction of the Moorpark Intercity Rail Station if necessary, pending Caltrans support for partial Intercity Rail funding. Mary Lindley gave the staff report. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to authorize the City Manager to amend the City's FY 1992/93 TCI application requesting funds for design and construction of the Moorpark Intercity Rail Station if necessary, pending Caltrans support for partial Intercity Rail funding. The motion carried by unanimous voice vote. D. Consider Approval of Agreement Between the City of Moorpark and the Los Angeles County Transportation Commission for Services for the Design and Construction of the Moorpark Commuter Rail Station. Staff Recommendation: Approve agreement, subject to final language approval by City Manager and City Attorney, between the City of Moorpark and the Los Angeles County Transportation Commission for services for the design and construction of the Moorpark Commuter Rail Station. Mary Lindley gave the staff report. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to approve the agreement between the City and the Los Angeles County Transportation Commission for the design and construction of the Moorpark rail platform subject to final language to be approved by the City Attorney and City Manager. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the Council took a recess. The time was 9:05 p.m. The meeting reconvened at 9:25 p.m. E. Consider Appointment of a City Representative to the Santa Monica Mountain Conservancy. Staff Recommendation: Receive and file the report and provide staff with further direction concerning this appointment. Ms. Lindley gave the staff report. Minutes of the City Council Moorpark, California Page 11 November 20, 1991 Councilmember Montgomery volunteered to serve as the City's representative to the Santa Monica Mountains Conservancy and asked if a staff member can serve as an alternate. Ms. Lindley stated that she will inquire as to whether or not an alternate is required or allowed and will report back to Council at the next meeting. MOTION: Councilmember Perez moved and Councilmember Montgomery moved to continue this item to the December 4, 1991 City Council meeting. The motion carried by unanimous voice vote. F. Consider Report on Emergency Medical Service Staff Recommendation: Direct staff to initiate action to modify zoning code pertaining to ambulance services. Mr. Kueny gave the staff report. Mayor Lawrason commented that he is pleased that Pruner Ambulance has decided to bring ambulance service into the city and it is his impression that it will remain here until some decision is made on the paramedic issue and the Fire Protection Dictrict. He said it is comforting to know that we now have paramedic service in the City 24 hours a day. Mr. Kueny suggested that this item go back to the Budget and Finance Committee on December 9th, to consider a resolution of intent to modify the zoning code to address locating a single ambulance unit in certain zoning districts before return to the full Council. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to refer this item to the Budget and Finance Committee on December 9th to consider a resolution of intent to modify the zoning code to address locating a single ambulance unit in certain zoning districts before returning the resolution to the full Council for action. The motion carried by unanimous voice vote. G. Consider Rescinding Section 11 of Ordinance No 6 Ordinance No. 81 and Resolution No 86 -351 and Adopting City Ordinance No. Adopting New Rules and Regulations Governing the Use of City Parks and Facilities and Adopting City Resolution No 91 Adopting New Fees for Use of City Parks and Facilities. Staff Recommendation: Mr. Newhouse dispensed with presenting the staff report and offered to answer any questions. Minutes of the City Council Moorpark, California Page 12 November 20, 1991 Councilmember Perez commented that this resolution should incorporate the fees for the use of the Community Center facility, also. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to refer the matter to the Public Works /Facilities Committee for review and a report back to the City Council; to be reviewed by the City Attorney, that review to include what should be adopted by ordinance or resolution; a report back to the Council on the tennis court rules to be made at the December 18, 1991 City Council meeting. The motion carried by unanimous voice vote. 12. ORDINANCES: A. Consider Second Reading and Adoption of Ordinance No 147 - An Ordinance of the City of Moorpark Amending Article 8 of Chapter 1 of Division 8 of the Moorpark Municipal Code Adding Section 8108 -1.3.7 Regarding Vehicle Stall Space Standards for Private Multi -Level Parking Structures. Ms. Kane read the ordinance title. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to waive further reading and read the ordinance title only. The motion carried by unanimous voice vote. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to declare Ordinance No. 147 read for the second time and adopted. The motion carried by unanimous voice vote. B. Consider Second Reading and Adoption of Ordinance No 146 - An Ordinance of the City of Moorpark Amending Section 5.64.13 of Chapter 5.64 to Title 5 of the Moorpark Municipal Code pertaining to Peddlers, Itinerant Merchants and Solicitors. Ms. Kane read the ordinance title. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to waive further reading and read the ordinance title only. The motion carried by unanimous voice vote. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to declare Ordinance No. 146 read for the second time and adopted. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 13 13. FUTURE AGENDA ITEMS: November 20, 1991 Councilmember Perez requested an item to address alternatives regarding the four Council seats which are up for election in November, 1992. 14. CLOSED SESSION: MOTION: Councilmember Talley 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. J. Negotiations for Real Property on Los Angeles Avenue (East) pursuant to Government Code Section 54945.8. K. Litigation concerning Conejo Freeway Properties, LTD. vs. City of Moorpark. L. Litigation concerning City of Moorpark vs. Camrosa Water District. M. Litigation concerning City of Moorpark vs. Pacific Bell. Minutes of the City Council Moorpark, California Page 14 November 20, 1991 N. Litigation concerning City of Moorpark vs. Southern California Edison Company. O. Litigation concerning City of Moorpark vs. Shell Oil Company. P. Negotiations for Real Property for Arroyo Vista Community Park pursuant to Government Code Section 54945.8. Q. Negotiations for Real Property APN 511 -05 -14 (Aiken) and APN 511 -05 -6 (Moss Trust) pursuant to Government Code Section 54945.8 The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 9:50 p.m. The Council reconvened into Closed Session at 10:00 p.m. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Pat Richards, Director of Community Development; and Cheryl Kane, City Attorney. Mr. Richards left the Closed Session at 10:20 p.m. The meeting reconvened into Open Session at 11:10 p.m. Mr. Kueny stated there was no action to report out of Closed Session and only items 14.A., 14.B., 14.C., 14.G., 14.H., 14.L., and 14.P. were discussed. 15. ADJOURNMENT: MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to adjourn the meeting. The motion carried by unanimous voice vote. The time was 11:10 p.m. Paul W. W. Lawrason Jr., May ATTEST: