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HomeMy WebLinkAboutMIN 1992 0603 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California June 3, 1992 A Regular meeting of the City Council of the City of Moorpark was held on June 3, 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. The Mayor reported that the during the special meeting held prior to this meeting the Council had approved an Agreement with the Moorpark Mosquito Abatement District for sharing of tax increment. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Bill Phelps. 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; Bill Phelps, Interim Director of Community Development; Dirk Lovett, Assistant City Engineer; Lt. Dean, Sheriff's Department; Don Reynolds, Management Analyst; Jill Rubin, 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: None. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 6. PUBLIC COMMENT: Joe Latunski, 289 Casey Road, requested the Council pull item 8.F., Consider Modification to Grading Plan Elevations in excess of Two (2) Feet for Tract 4620 (JBH), from the Consent Calendar for discussion purposes. He stated that his property is bordered on two sides by the JBH property and he is concerned with potential drainage problems if this development is allowed to proceed. Mr. Latunski also indicated that he believes the public should be allowed to speak to any agenda item at the time it is considered by the Council. Councilmember Montgomery requested a future agenda item regarding a possible change in the Rules of Procedure to allow public comment during a discussion item. Jim Hartley, 5950 Gabbert Road, supported the concerns expressed by Mr. Latunski with regard to the development of the JBH property. He said the Council should review the Walnut Canyon Study that was done a few years ago as the City may incur liability with regard to damage from drainage. In addition, Mr. Hartley requested that the City provide street sweeping on Gabbert Road since it is included in the taxes they pay to the assessment district. Minutes of the City Council Moorpark, California Page 2 June 3, 1992 In response to Councilmember Montgomery, Mr. Hartley expressed the opinion that the modifications being requested on the JBH property qualify for a major modification instead of being considered under the minor modification process. Regarding street sweeping, Mr. Gilbert clarified the cost of street sweeping is not funded by the assessment district. Gary Walters, 195 W. Los Angeles Avenue, Simi Valley, said he is present to answer any questions with regard to Item ll.B., Approval of AB939, Waste Management Fee. Jim Safechuck, 3303 Crazy Horse Drive, Simi Valley, spoke as a representative of Anderson Rubbish. He said he is not in opposition to the fee. He requested that the Council consider developing an exclusive franchise for commercial refuse hauling. Gena Cahill, 3848 Hitch Blvd, Home Acres, gave a brief overview of the E.F. Foundation, a foreign student exchange program. She encouraged the Council to show their support for the program by hosting a student or by letting the community know about the program. Councilmember Wozniak indicated that he and his family had hosted a student and it was a good experience. Carol Hunt, 530 Moorpark Avenue, spoke representing the Moorpark Chamber of Commerce. She requested that the Councilmembers remain sensitive to the fact that the increase in the commercial hauling rate may be a hardship for some businesses and that the Chamber would have liked more time to prepare for responding to this item. She urged the Council to explore alternative methods for recouping AB939 costs. Ms. Hunt also indicated that she is glad to see some things being done to streamline the process of the Business Registration program and is hopeful that the Chamber will be included in any changes made to the program. In addition, she expressed an interest on the part of the Chamber in being included in discussions regarding the increase in Building and Safety permit fees. Councilmember Montgomery stated that the government mandates how cities can recover the costs of meeting the requirements of AB939. 7. COMMITTEE REPORTS: Councilmember Montgomery indicated he would provide an Agenda and Minutes of the Santa Monica Mountains Conservancy Meeting. 8. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to pull items B.F. and 8.L. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of the Special City Council Meeting of April 29, 1992. Consider Approval of Minutes of the Regular City Council Meeting of May 20, 1992. Consider Approval of Minutes of the Special City Council Meeting of May 20, 1992. Minutes of the City Council Moorpark, California Page 3 June 3, 1992 B. Warrant Register FY 1991 -92 Manual Warrants 17460 - 17463, 17573 - 17579, 17580 - 17587 $ 166,864.43 Voided Warrants 17247 $ (17.00) Regular Warrants 17588 - 17675 $ 84,296.80 C. Consider Request From the Moorpark Women's Fortnightly Club for a Fourth of July Event. Staff Recommendation: Approve the request from the Moorpark Women's Fortnightly Club for a Fourth of July event. D. City Manager Approved Contract for Windscreen Installation for City Tennis Courts. Staff Recommendation: Receive and file the report. E. Consider Bond Reduction for Model Site for Tract 4140 -1 (UWC). Staff Recommendation: Accept the improvements within the tract and authorize the City Clerk to reduce the bond. G. Final Proiect Cost Accounting for Sidewalk Construction on the North Side of Los Angeles Avenue from Millard Street to Spring Road. Staff Recommendation: Receive and file the report. H. Final Proiect Cost Accounting for Traffic Signal Proiect at Poindexter Avenue and Moorpark Avenue. Staff Recommendation: Receive and file the report. I. Consider Street Sweeping Dumping /Handling Costs. Staff Recommendation: Receive and file the report. J. Consider Relocation of Cal Trans Maintenance Station. Staff Recommendation: Refer to Community Development Committee and staff for report back to City Council on June 17, 1992. K. Consider Use of Community Center Fund (07) Rental Income. Staff Recommendation: Reclassify transfer -in of $12,500 from Fund 7 to Fund 1, to reflect the transfer of rental income from the Community Center Fund (7) to the Park Maintenance Fund (25). M. Consider Revising the Citv's Business Registration Renewal Procedures. Staff Recommendation: Authorize staff to initiate proposed format beginning July 1, 1992. N. Consider Budget Appropriations For Recreation Special Events. Staff Recommendation: Receive and file the report. O. Consider City Contribution to the CDBG Fair Housing Program. Staff Recommendation: Authorize staff to amend proposal for contribution of $1,890 for fair housing. P. Consider Park Improvements for the 1992/93 Budget. Staff Recommendation: Receive and file the report. Q. Consider Resection of Claim -- James A Griswold. Staff Recommendation: Reject the claim of James A. Griswold and direct staff to appropriately notify the claimant. Minutes of the City Council Moorpark, California Page 4 June 3, 1992 R. Consider First Addendum to Agreement for City Attorney Services. Staff Recommendation: The Budget and Finance Committee and staff recommend approval of authorization for the Mayor to sign the First Addendum to the Agreement increasing the rates for City Attorney services effective July 1, 1992. S. Consider Exchange of Funding Services for the Boys & Girls Club Gvm. Staff Recommendation: Authorize staff to schedule Public Hearing on 6/17/92 for program modifications. The following items were pulled from the Consent Calendar for individual consideration: F. Consider Modification to Grading Plan Elevations in Excess of Two (2) Feet for Tract 4620 (JBH). Staff Recommendation: Approve request subject to City Engineer's conditions. In response to Councilmember Montgomery, Mr. Lovett said the City Council approved a tentative map on January 9, 1991 on this project. The pad elevations and building envelopes were discussed and approved to both facilitate development and minimize grading on slopes of 20% or more. He said that during the final design, the applicant's engineer determined that certain adjustments are desired and necessary to improve the pad. Because some of the pad elevations were changed by more than two feet, this item is before the City Council for approval. Councilmember Montgomery indicated that it was his recollection that the approval of this item originally was contingent upon the exact location of every lot. He said he felt the process for this change should be the same as for a major modification. There was consensus among the Council regarding more extensive review of the elevation changes. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to refer this matter to the Community Development Committee. The motion carried by unanimous voice vote. L. Consider Annual Update to Miscellaneous Fee Resolution 92 -857. Staff Recommendation: Adopt Resolution No. 92 -857 Updating City's Miscellaneous Fee Resolution. Mr. Kueny read revisions to the resolution as follows: 1) Delete Sections J and K, and re- letter current Section L to J. Councilmember Montgomery requested a revision to Section C, to include a number 3., Video Tapes of Moorpark Unified School Board of Education Tapes (each tape) $25.00. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 92 -857 as revised above by the City Manager and Councilmember Montgomery. The motion carried by unanimous voice vote. 9. PUBLIC HEARINGS: A. Consider Resolution No. 92- Revising Public Works /Engineering Fees and Repealing Resolution 84 -119. Staff Recommendation: Adopt Resolution No. 92- (Continued Item 9.D. from 5/6/92, Continued Item 9.C. from 5/20/92). Minutes of the City Council Moorpark, California Page 5 June 3, 1992 Mr. Gilbert gave the staff report. He indicated staff was recommending that this item be continued to the first regular meeting in July. Mayor Lawrason opened the public hearing. Dee Boysen, 24005 Ventura Blvd, Calabasas, CA 91302, spoke representing the Building Industry Association. She said the Association is opposed to the fees that are proposed because they are based on what is being practiced in another jurisdiction and not in Moorpark. She said their main objective is to have some accountability for the fees that are being charged. One point of contention with the staff report is that it states the increase is between 30 and 50% when it actually reflects increases ranging from miniscule all the way to 300 %. Ms. Boysen suggested that 1) a phased -in increase to the fees might be a good idea, and 2) an annual revision to the fees. She requested that the Council recognize their own goal of affordable housing costs and keep in mind that service fees increase costs of development. In response to Councilmember Montgomery, Ms. Boysen said the Building Industry Association would be interested in assisting with a study to look at how the City and developers do business with each other. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to continue this item to the first Regular Meeting in July; the hearing to remain open; staff to prepare a resolution to raise the fees to reflect the accumulated use in the CPI over the last eight years to be adopted as an interim measure. The motion carried by unanimous voice vote. B. An Ordinance of the City of Moorpark, California, Amending Certain Provisions of Chapter 9.12 of Title 9 of the Moorpark Municipal Code, Pertaining to Offenses Against Property (Handbill Distribution). Staff Recommendation: Continue to newly re- advertised date of June 17, 1992. Mr. Phelps indicated that this item needed to be re- noticed because of a revision requested by the City Attorney. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to take this item off calendar. The motion carried by unanimous voice vote. C. Consider Proposed Assessments for "Parks Maintenance Assessment District No. AD -85 -1" for the Fiscal Year Commencing on July 1, 1992 and Ending June 30, 1993 and Consider Resolution No. 92- , a Resolution Confirming the Assessment for Fiscal Year 1992/93. Staff Recommendation: Open the public hearing, receive testimony and continue these matters to the date of the budget workshops. Mayor Lawrason opened the public hearing. Joseph Latunski, 289 Casey Road, indicated that he is being assessed for lighting and parks, and does not receive any benefit from either service. Ethel Sulkis, 270 Sierra Avenue, said she and her neighbors are submitting written protests for the increase in the assessments for Assessment Districts 84 -2 and 85 -1. Minutes of the City Council Moorpark, California Page 6 June 3, 1992 Eloise Brown, 13193 Annette Street, thanked the City for the computer access to the agenda and said she had successfully used it. She said she will continue to protest the Assessment District charges. Councilmember Montgomery indicated that various written protests had been received and would be included as part of the public record for this item. Mr. Kueny recommended that the hearing remain open during the budget review process. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to continue this item to Monday, June 8th. The motion carried by unanimous voice vote. D. Consider Proposed Assessments for "Moorpark Lighting and Landscaping Maintenance Assessment District No. AD -84 -2" for the Fiscal Year Commencing July 1, 1992 and Ending June 30. 1993 and Consider Resolution No. 92- 1 a Resolution Confirming the Assessment for Fiscal Year 1992/93. Staff Recommendation: Open the public hearing, receive testimony and continue these matters to the date of the budget workshops. Mr. Gilbert gave the staff report. He explained that the annexation of Home Acres to the assessment district was not an annexation of Home Acres to the City. He indicated that he had received calls from citizens who had misunderstood this point. In response to Councilmember Montgomery, Mr. Gilbert said this was not the only option for collecting the fee for the services provided by the City to Home Acres because of the buffer park area. He confirmed that this was the least expensive way for the residents in Home Acres. The actual amount of the assessment for 1992/93 is $50.24 per lot. Mayor Lawrason opened the public hearing. John H. Bullock, 4161 Hitch Blvd, said he is opposed to being assessed fees for services by the City when he does not live in the City. He indicated that he has collected over 50 signatures opposing the annexation to the assessment district. Mr. Bullock stated that the public hearing notice did not state the complete information about the buffer zone, and he had misconceptions that have been corrected by the Council discussion this evening. He also stated that he feels he is paying more per square foot than those with larger lots and he feels this is unfair. Ethel Sulkis, 270 Sierra Avenue, indicated from the audience that her previous comments regarding item 9.C. pertain to item 9.D. as well. Kurt Fasmer, 10811 Citrus Drive, Home Acres, stated that the public hearing notice was poorly written and was very abbreviated. He said the homeowners should be given a copy of the packet of information which was provided to Marcus Weise. He requested that this information be made available. Marcus Weise, 10702 Citrus Drive, Home Acres, said the residents want some form of activity in the buffer zone, preferably an equestrian facility. He said it has taken some time, but the residents are now beginning to Minutes of the City Council Moorpark, California Page 7 June 3, 1992 understand what is taking place with the annexation to the Assessment District. Mr. Weise said he will take responsibility for disseminating information to the Home Acres residents if it is provided to him by the City. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to continue this item to the June 8, 1992 meeting, the public hearing to remain open. The motion carried by unanimous voice vote. 10. COMMENTS FROM COUNCIL MEMBERS: Councilmember Perez requested that the Chamber of Commerce be contacted when an agenda item could significantly affect the business community. Councilmember Wozniak indicated he would like to know the status of the telephone numbers that were to be stenciled on the traffic break arm at the railroad crossings. Councilmember Perez requested a future agenda item to discuss the May 21st letter received from Mr. John Newton, related to the implementation of the General Plan. Mr. Kueny indicated that at the next Community Development Committee meeting, the implementation of the General Plan will be discussed and a report returned to Council. AT THIS POINT in the meeting, the Mayor declared a recess. The time was 9:00 p.m. The Council reconvened at 9:15 p.m. Mayor Lawrason introduced a new City employee in the Public Works Department, John Casillas. 11. ACTION /DISCUSSION ITEMS: A. Consider Scheduling of Budget Workshops to Discuss FY92/93 Budget. Staff Recommendation: Staff recommends holding the first Budget Workshop at 7:00 p.m. on June 10th. The Council discussed various dates for Budget Workshop meetings. CONSENSUS: By consensus, the Council determined to meet on Monday, June 8, 1992 at 6:00 p.m and June 10th following the Joint Meeting with the Moorpark Unified School Board of Education; June 15th to be a possible Budget Workshop. B. Consider Approval of AB939. Waste Management Fee. Staff Recommendation: Approve the establishment of an AB939 Waste Management Fee. Ms. Rubin gave the staff report. She indicated that the staff recommendation should be amended to show the recommendation that Exhibit A of the commercial and residential franchise agreement should be amended to show the establishment of the Solid Waste Management fee. Councilmember Montgomery commented that the State has mandated cities to comply with AB939 without providing funding. He said it is the responsibility of the City to recoup costs through fees. He indicated that the City of Moorpark had fees that were less than the surrounding cities. He requested that a reconsideration of the commercial franchise agreement be scheduled for the first meeting in July. He said the City should consider an exclusive contract for commercial. Minutes of the City Council Moorpark, California Page 8 June 3, 1992 MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to approve the establishment of a Solid Waste Management fee, $1.00 per monthly curbside refuse account, $.50 cents per unit monthly residential /commercial refuse account, and an 8% increase per commercial refuse account, effective July 1, 1992; Exhibit A of the commercial and residential franchise agreement to be amended to reflect these increases. The motion carried by unanimous voice vote. Mr. Kueny indicated that the fee will be approved as part of the budget process. AT THIS POINT in the meeting the Mayor declared a recess. The time was 9:37 p.m. The Council reconvened at 9:47 p.m. 12. ORDINANCES: A. Newsracks. Ms. Kane read the ordinance title. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to read the ordinance 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 No. 151 adopted. The motion carried by unanimous voice vote. 13. FUTURE AGENDA ITEMS: Mayor Lawrason requested an agenda item to consider the street sweeping of Gabbert Road. Councilmember Talley requested an agenda item for the next regular meeting regarding the possibility of canceling the City Council meetings for the month of August. 14. CLOSED SESSION: MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adjourn to Closed Session for 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 Case No. 107569 vs. City of Moorpark. F. Litigation concerning the Moorpark Mosquito Abatement District vs. City of Moorpark. Minutes of the City Council Moorpark, California Page 9 June 3, 1992 G. Negotiations for Real Property at 280 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54956.8. H. Litigation concerning Conejo Freeway Properties, LTD. vs. City of Moorpark. I. Litigation concerning City of Moorpark vs. Southern California Edison, et al. The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 9:45 p.m. The Council reconvened into Closed Session at 9:54 p.m. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; and Cheryl Kane, City Attorney. Ms. Kane left the Closed Session at 10:02 p.m. Richard Hare, Deputy City Manager, joined the Closed Session at 10:02 p.m. Mr. Hare left the Closed Session at 10:18 p.m. The meeting reconvened into Open Session at 11:01 p.m. Mr. Kueny stated there was no action to report out of Closed Session and only items 14.A., 14.B., 14.D, 14.E., and 14.I. had been discussed. 15. ADJOURNMENT: MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adjourn the meeting to Friday, June 5th at 6:05 p.m. The motion carried by unanimous voice vote. The time was 11:18 p.m. v-- Pau W. La son Jr., Ma