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HomeMy WebLinkAboutMIN 1992 0401 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California April 1, 1992 A Regular Meeting of the City Council of the City of Moorpark was held on April 1, 1992 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 7:15 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Perez. 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; Dirk Lovett, Assistant City Engineer; Lt. Dean, Sheriff's Department; Don Reynolds, Management Analyst; Mary Lindley, Assistant to the City Manager; Ken Gilbert, Director of Public Works; Lillian Kellerman, City Clerk; Dorothy Vandaveer, Deputy City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Proclamation recognizing National Child Abuse Prevention Month Mayor Lawrason presented the proclamation to Toni Carbone, the Executive Director of the Moorpark Boys and Girls Club. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor Lawrason requested that item 11.C. be reordered ahead of item 11.A. CONSENSUS: By consensus, the Council determined to reorder the agenda to place item 11.C. before item 11.A. Minutes of the City Council Moorpark, California Page 2 April 1, 1992 6. PUBLIC COMMENT: Gloria Nainoa, 12685 Crystal Ranch Road, spoke as Chairman of the Cinco de Mayo Committee. She said the events the Committee has planned for the celebration will begin at 3 p.m. and end at 11 p.m. on May 2nd. She said the proposal submitted this evening requests funding in the amount of $1300 from the City. She requested this item be placed on the agenda for Council consideration this evening. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to add as item 11.F. Consider Cinco de Mayo Committee Request, need having arisen since the posting of the agenda. The motion carried by unanimous roll call vote. Sherry Marsh, 771 Calle Pecos, Thousand Oaks, referenced a letter to the Council dated March 4th. She requested consideration in approving a Farmer's Market /Antique Festival to be held on her property on High Street. Jonathan Marcy, 6742 Lafayette Court, spoke representing the World Affairs Council of Ventura County. He provided details of a conference to be held in Oxnard and familiarized the City Council with the details and encouraged their attendance. Paul Garcia, 4158 Santa Rosa Drive, spoke on behalf of the Cinco de Mayo Committee and extended an invitation to the public to come out and enjoy the Cinco de Mayo festivities on May 2nd. Gary Cabriales, 4647 Pepper Mill Street, spoke in favor of the Cinco de Mayo event that is being proposed and solicited the Council's support for this effort. Cynthia Hubbard, 187 Shasta Avenue, spoke regarding Item 8.F. on the agenda, Request to Extend the Entitlement Use Period for Annotti and Petrilli. She spoke as a nearby resident of the property. She asked the Council to ensure that the applicant be required to meet the conditions that were imposed by the County which conditioned them to build a slumpstone wall as a buffer for noise and privacy. She said the wall has not been completed. Minutes of the City Council Moorpark, California Page 3 April 1, 1992 Councilmember Montgomery explained that should item 8.F. be approved on the Consent Calendar that the action would be to send the item to Council Committee for review. Ethel Sulkis, 270 Sierra Avenue, spoke as a member of the Moorpark Active Seniors. She said a few months ago this organization was promised a refund for a $115 charge they paid for use of the Citrus Room. She said it seems unfair that they have not received this refund to date and that another Senior Citizens group is allowed to rent a room in the Community Center for only $1 per year. Mr. Kueny responded that the subject refund is dependent upon a policy being written and adopted by the Council relative to nonprofit status and the waiving of fees for use of the Community Center. He said the potential refund has not been forgotten and will be forthcoming as soon as the policy is adopted. 7. COMMITTEE REPORTS: None. 8. CONSENT CALENDAR: (Roll Call Vote) MOTION: Councilmember Perez moved Talley seconded a motion to pull item and 8.J. and approve the balance of th e The motion carried by unanimous roll A. Warrant Register FY 1991 -92 Manual Warrants 17008 - 17017, 17102 -17109 Regular Warrants 17110 -17203 and Councilmember s 8.B., 8.C., 8.G., Consent Calendar. call vote. $ 26,561.10 $ 150,136.84 D. Consider PD 941 Minor Modification No. 1 Request to Construct a Single Car Garage Addition to an Existing Single Family Dwelling (GOERISCH). Staff Recommendation: Receive and file the report. E. Consider Request for a Budget Amendment for the Acquisition of Radio Equipment and an ID Photo Laminating System. Staff Recommendation: Amend the FY 1991/92 budget, increasing line item 41.131.906 by $2,065.12 for radio equipment. Minutes of the City Council Moorpark, California Page 4 April 1, 1992 F. Consider Industrial Planned Development Permit No. 89 -2 Minor Modification No. 1 (Annotti & Petrilli) . A Request to Amend the Condition of Approval to Extend the Entitlement Use Period to Inaugurate. Staff Recommendation: Refer to the Community Development Committee. H. Consider Rejection of Claim - Kirk Busch. Staff Recommendation: Reject claim and so notify claimant. I. Consider Authorizing a Study of the Spring Road Bridge. Staff Recommendation: Authorize staff to prepare and distribute to qualified Civil Engineering firms, Requests for Proposals for a study of the Spring Road Bridge. K. Consider Placement of Phone at Griffin Park. Staff Recommendation: Allow staff to determine new location. L. Consider Expanding the Womens', Infants' and Childrens' Program (WIC) . Staff Recommendation: Authorize use of facilities as requested, allowing staff to modify arrangements if needed. M. Consider Acceptance of Grant and Easement Deeds from UWC- Moorpark Investors Ltd. for Access, Slope Construction and Utilities for Arroyo Vista Community Park. Staff Recommendation: Accept deeds subject to final language approval of City Attorney and direct City Clerk to accept deeds for recordation. N. Initiate Possible Amendment to Zoning Code Pertaining to Sign Regulations (Article 10 of Division 8 of Chapter 1 of Municipal Code). Staff Recommendation: Adopt Resolution No. 92 -844 authorizing Planning Commission to set a public hearing to review sign regulations in Zoning Code to determine whether amendments are necessary. Minutes of the City Council Moorpark, California Page 5 April 1, 1992 O. Initiate Amendment to Zonina Code (Article 10 of Division 8 of Chapter 1 of Municipal Code) Pertaining to Signs in Public Right -of -Way. Staff Recommendation: Adopt resolution no. 92 -845 directing the Planning Commission to set a public hearing to review proposed revisions to Zoning Code regulations pertaining to signs in public right -of- way to more clearly identify which signs are prohibited. P. Consider Appropriation of Funds for Aerial Photographic Services for Highway 118 Realignment Study. Staff Recommendation: Appropriate funds. Q. Consider a Resolution Directing the Planning commission to Consider an Ordinance to Revise the City's Drilling Regulations and Consider Future Noise Regulation Ordinance. Staff Recommendation: Adopt Resolution No. 92 -846 directing the Planning Commission to review the drilling standards and regulations within the zoning Code and consider noise standards and regulations for the City. The following items were pulled from the Consent Calendar for individual consideration: B. Authorize to Advertise for Charles Street Improvements. Staff Recommendation: Approve the project design and authorize staff to proceed with the advertisement for receipt of bids for the subject project. Mr. Gilbert gave the Staff Report. He noted the following corrections: The City Engineer's estimate should be $303,000 and the total project cost $409,000. He said an underground fuel tank was discovered in the parkway at the southeast corner of Walnut and Charles Streets. He said the disposition of this tank would need to be resolved. Mr. Kueny suggested delaying action on this item for two weeks. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to delay action on this item until the meeting of April 15, 1992, the Public Works/ Facilities Committee to review the project and make a recommendation to the full Council. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 6 April 1, 1992 C. Consider Park Lane Drainage Mitigation. Staff Recommendation: Approve the placement of gravel at subject site, locations to be determined by the Director of Public Works subject to 1) Cost not to exceed $500, 2) Signed approval and waiver by the property owner in a form approved by the City Attorney. In response to Councilmember Perez, Councilmember Montgomery stated that the City is responsible to mitigate the drainage situation in this area and needs to take action to do so. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve the placement of gravel at the subject site, location to be determined by the Director of Public Works; the cost not to exceed $500.00; signed approval and waiver by the property owner to be provided in a form approved by the City Attorney. The motion carried by unanimous voice vote. G. Consider Tennis Rules. Staff Recommendation: Amend rule pertaining to length of play. Mr. Reynolds gave the staff report. Councilmember Perez indicated that he preferred existing Rule 14 which reads, "Players shall be limited to one -half (1/2) hour or completion of the set, whichever is less, for singles or doubles when players are waiting to play." MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to direct staff that Rule Number 14, of the City's Tennis Court Rules, is to be the existing Rule 14, as indicated above by Councilmember Perez. The motion carried by unanimous voice vote. J. Consider Basketball Scoreboard Purchase Request. Staff Recommendation: Appropriate $654 in recreation specialized equipment account Fund 33 to purchase keyboard. Mr. Kueny indicated that after contacting the Boys and Girls Club, it has been determined that they can make their scoreboard keyboard available to the City. He indicated that it would be appropriate for the Council to take this item off calendar. Minutes of the City Council Moorpark, California Page 7 April 1, 1992 MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to take this item off calendar. The motion carried by unanimous voice vote. 9. PUBLIC HEARINGS: None. 10. COMMENTS FROM COUNCIL MEMBERS: Councilmember Perez indicated he had received a letter of complaint at his home regarding hot air balloons. He indicated that he would provide the letter to the City Clerk to copy and distribute to the Council. He requested staff to follow -up on this complaint. Councilmember Perez indicated he had been contacted regarding the development of a community garden. He asked that this item be referred to staff for determination of feasibility, with a report back to the Council. Councilmember Montgomery indicated it would be appropriate for the Public Works /Facilities Committee to determine if there was any public land suitable for a community garden. CONSENSUS: By consensus, the Council directed the Public Works /Facilities Committee to review public land as to availability and suitability for a community garden site. Councilmembers Montgomery and Talley requested staff to contact Mr. Campeau regarding his grading plan for Lot 18 in Tract 4018. They requested staff to communicate to Mr. Campeau know that his matter was being reviewed. Mayor Lawrason indicated that he had been contacted by Martin B. Smith regarding the proposed hotel project. Mayor Lawrason said that because of economic conditions, the project would not be built in the City. Councilmember Perez requested that staff review the "Keep Clear Pavement" marking on Spring Road. Minutes of the City Council Moorpark, California Page 8 11. ACTION /DISCUSSION ITEMS: April 1, 1992 C. Consider A Request for a Weekly Farmers' Market /Antique Festival on a Vacant Parcel On the Northwest Corner of Magnolia Avenue and High Street. Staff Recommendation: Direct staff as deemed appropriate. Mr. Richards gave the staff report. In response to Councilmember Montgomery, Mr. Richards reviewed the temporary use permit process. He indicated that the permit consists of a zone clearance with a letter identifying the proposed uses. He said there would be a review of the proposed uses and the addition of conditions by the Planning Department. He indicated that the temporary use permit was valid for a six month period, after which the permit was analyzed and reissued if no additional concerns or problems existed. He indicated that while no notice was legally required, a courtesy letter to the adjacent property owner will be mailed by the City. Councilmember Perez indicated that he supported the Farmer's Market concept but not a flea market concept. Mr. Kueny indicated that the City needed to be compensated for the staff time to review this application. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to direct staff to develop the conditions for a temporary use permit for this applicant with a cost not to exceed $314. The motion carried by unanimous voice vote. A. Consider Approval of the Proposal for a Regional Council of Governments for Ventura County and Surrounding Jurisdictions. (Continued Item 11.D. from 2/19/92 and Item 11.B. from 3/4/92). New staff recommendation: Identify the City's preferences for the formation of a Ventura County Regional Council of Governments. Ms. Lindley gave the staff report. Minutes of the City Council Moorpark, California Page 9 The Council concurred tc that came out of the Council of Governments Oaks regarding mission staffing, and funding. the Council concurred t of Westlake and Agoura members of the Ventura Governments. April 1, 1992 support the recommendation January 30, 1992 Regional Workshop held in Thousand and authority, rating and With regard to membership, recommend that the Cities Hills be accepted as full County Regional Council of MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to direct staff to prepare a letter for the Mayor's signature indicating that the Council supports full membership for the Cities of Agoura Hills and Westlake; concurs with the other recommendations which were determined at the January 30th Regional Council of Governments workshop; and recommends recognition of the advisory role of recognized agencies in the new Council of Governments. The motion carried by unanimous voice vote. B. Consider Status Report of 1991/92 Goals and Objectives and Provide Direction on 1992/93 Goals. Staff Recommendation: Provide direction on 1992/93 goals. (Continued Item 11.H. from 3/25/92.) CONSENSUS: By consensus, the Council determined to table this item until later in the evening. D. Consider Amendinq the Contract Between the Citv and the Southern California Regional Rail Authority (SCRRA) to include Design and Construction of the Rail Station Parking Lots. Staff Recommendation: Amend the contract between the City and the SCRRA to include design and construction of the rail station parking lot. Ms. Lindley gave the staff report. Councilmember Montgomery requested that when the design is considered, it be reviewed with the neighboring property owner, Kahoots. Minutes of the City Council Moorpark, California Page 10 April 1, 1992 MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the Transportation Committee and staff recommendation to direct the Mayor to sign the amendment to the City's agreement with SCRRA, subject to form and language review and approval by the City Attorney and the City Manager, the agreement to include the following: 1) a cost not to exceed $534,112 for design and construction of a 600 foot central rail platform; 2) a cost not to exceed $536,000 for design and construction of parking facilities as outlined in the staff report dated March 26, 1992; and 3) identification of options for the placement of the rail parking lots. The design plan to be returned to Council for review and approval. The motion carried by unanimous voice vote. E. Consider Ventura County Request for Information Regarding Implementation of Provisions of Proposition 90. Staff Recommendation: Direct staff as deemed appropriate. No staff report was presented. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to authorize the Mayor to sign a letter indicating the City's concern that they were apprised of this County action too late to respond. The motion carried by unanimous voice vote. F. Consider Cinco de Mayo 192 Committee Request. Mr. Hare gave the staff report. CONSENSUS: By consensus, the Council determined to waive the rules of procedure to accept written material from the Cinco de Mayo 192 Committee, chaired by Gloria Nainoa and additional information prepared by staff. After discussion by Council, staff, and Gloria Nainoa, Mr. Kueny recommended that the City reschedule its planned event from the morning to the afternoon so that the City and the Committee could share the Mariachi performance, thereby saving the Committee that expense. In response to Council question, Mr. Hare indicated that the actual cost for staff time involved in the set up, take down and cleaning after the event would be approximately $200. Mr. Hare recommended waiving the fee for the use of the Apricot Room and Minutes of the City Council Moorpark, California Page 11 April 1, 1992 Citrus Room. He also indicated that the Knights of Columbus would be supporting the event and would be participating in a fund raiser by serving beer. In response to Council question, Ms. Nainoa indicated that beer and wine would be served during the dinner hour from 4 p.m. until 6 p.m. and then again from 7 p.m. to 10:30 p.m. After further Council discussion, the following motion was heard; MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adjust the hours of the City's portion of the celebration so that it would be in conjunction with what the Cinco de Mayo Committee has planned; City to pay for the Mariachis; private security to be provided by the Knights of Columbus; Community Center fees to be waived; staff directed to adjust the budget amount for the celebration to $2,200 with the proviso that the Cinco de Mayo 192 Committee pay all of City's out of pocket expenses above $2,200; publicity efforts to be coordinated between the City and the Committee. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, a recess was declared. The time was 9:20 p.m. The meeting reconvened at 9:40 p.m. B. Consider Status Report of 1991/92 Goals and Objectives and Provide Direction on 1992193 Goals. Staff Recommendation: Provide direction on 1992/93 goals. (Continued Item 11.H. from 3/25/92.) Goals and Objectives were discussed by Lt. Dean for Public Safety; Ken Gilbert for Public Works Department and City Engineer; Cheryl Kane for City Attorney. CONSENSUS: By consensus, the Council determined to continue this item to April 15, 1992, City Council meeting. Minutes of the City Council Moorpark, California Page 12 12. ORDINANCES: April 1, 1992 A. Consider Ordinance No. 149, An Ordinance to Limit the Hours of Construction Within the City. Staff Recommendation: Introduce for first reading. Mr. Kueny indicated that the Council had two versions of the proposed ordinance and that staff recommended Version 1 which allows for the granting of exceptions by the Public Works Director. Ms. Kane read the ordinance title. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to read the ordinance (Version 1) by title only. The motion carried by unanimous voice vote. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to waive further reading and declare Ordinance 149 (Version 1) introduced for first reading. The motion carried by unanimous voice vote. 13. FUTURE AGENDA ITEMS: None. 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. Personnel pursuant to Government Code Section 54957.6. C. Potential litigation pursuant to Government Code Section 54956.9(b)(1). D. Potential litigation pursuant to Government Code Section 54956.9(c). E. Litigation concerning Ventura County Community College District vs. City of Moorpark. F. Litigation concerning the County of Ventura vs. City of Moorpark. Minutes of the City Council Moorpark, California Page 13 April 1, 1992 G. Litigation concerning the Moorpark Mosquito Abatement District vs. City of Moorpark. H. Negotiations for Real Property at 280 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54956.8. I. Negotiations for Real Property on Los Angeles Avenue (East) pursuant to Government Code Section 54956.8. J. Litigation concerning Conejo Freeway Properties, LTD. vs. City of Moorpark. K. Litigation concerning City of Moorpark vs. Southern California Edison, et al. L. Negotiations for Real Property for Arroyo Vista Community Park pursuant to Government Code Section 54956.8. M. Negotiations for Real Property on the South Side of High Street (Southern Pacific /VCTC) pursuant to Government Code Section 54956.8. N. Negotiation for Real Property at the Moorpark Community Center site pursuant to Government Code Section 54956.8. 0. Litigation concerning City of Moorpark vs. Moorpark Unified School District. P. Litigation concerning City of Oxnard et al vs. County of Ventura Q. Litigation concerning Oden vs. PERS, San Francisco Superior Court No. 927278. The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 10:35 p.m. The Council reconvened into Closed Session at 10:42 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. Minutes of the City Council Moorpark, California Page 14 April 1, 1992 Councilmember Talley left the Closed Session at 11:17 p.m. and returned to the Closed Session at 11:28 p.m. Mr. Richards left the Closed Session at 11:28 p.m. The meeting reconvened into Open Session at 11:43 p.m. Mr. Kueny stated that there was no action to report out of Closed Session and only items 14.B., 14.C., 14.D., and 14.J. were discussed, and under Potential litigation pursuant to Government Code Section 54956.9(b) (2) it was determined that sufficient exposure did not exist regarding a matter of potential litigation to stay in Closed Session regarding that matter under Potential litigation pursuant to Government Code Section 54956.9 (b) (1) . 15. ADJOURNMENT: MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 11:43 p.m. Paul W. Lawrason ., Mayor ATTEST: