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HomeMy WebLinkAboutMIN 1992 0909 CC ADJMINUTES OF THE CITY COUNCIL Moorpark, California September 9, 1992 An Adjourned Regular Meeting of the City Council of the City of Moorpark was held on September 9, 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 6:12 p.m. Present: Councilmembers Montgomery, Talley, Wozniak, and Mayor Lawrason. Absent: Councilmember Perez. Staff Present: Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney. CLOSED SESSION: MOTION: Councilmember Talley moved and Councilmember Montgomery seconded a motion to go into 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 Case No. 107569 vs. City of Moorpark. F. Negotiations for Real Property at 280 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54956.8. G. Litigation concerning Conejo Freeway Properties, LTD. vs. City of Moorpark. H. Litigation concerning City of Moorpark vs. Southern California Edison, et al. I. Negotiations for Real Property on the South Side of High Street (Southern Pacific /VCTC) pursuant to Government Code Section 54956.8. J. Litigation concerning Moorpark vs. Fedelety Corporation. Minutes of the City Council Moorpark, California Page 2 September 9, 1992 The motion carried by voice vote 4 -0, Councilmember Perez absent for the vote. Present in Closed Session were all Councilmembers but Councilmember Perez; and Steven Kueny, City Manager; Richard Hare, Deputy City Manager; and Cheryl Kane, City Attorney. Councilmember Perez joined the Closed Session at 6:48 p.m. The meeting reconvened into Open Session at 7:02 p.m. Mr. Kueny stated that there was no action to report out of Closed Session and only item C. had been discussed. AT THIS POINT in the meeting a recess was declared. The time was 7:02 p.m. RECONVENE TO OPEN SESSION: Mayor Lawrason called the meeting back to order at 7:20 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Talley led the Pledge of Allegiance. 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; Ken Gilbert, Director of Public Works; Mary Lindley, Assistant to the City Manager; Jill Rubin, Management Analyst; Don Reynolds, Administrative Services Manager; Charles Abbott, City Engineer; Christine Adams, Director of Community Services; Paul Porter, Senior Planner; Dirk Lovett, Assistant City Engineer; Lt. Dean, Sheriff's Department; Lillian Hare, City Clerk and Dorothy Vandaveer, Deputy City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Mayor Lawrason presented the 1992 California Rideshare Week proclamation to Jill Rubin of the City staff. B. Mayor Lawrason introduced Miss Ventura County Fair, Ashley Basquin and presented her with a certificate of recognition. Minutes of the City Council Moorpark, California Page 3 September 9, 1992 C. Mayor Lawrason recognized Anna Bell Sessler and Mary Lee Wayman for their years of service to the Ventura County Fair. Ms. Sessler was presented with a Certificate of Recognition. Mary Lee Wayman was not in attendance and will be mailed her Certificate of Recognition. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONSENSUS: By consensus the Council determined to reorder the agenda to hear item 11.F. on the Discussion /Action portion of the agenda after item 11.A. 6. PUBLIC COMMENT: Joe Latunski, 289 Casey Road, spoke in opposition to the development that is being proposed by JBH Development. Connie Lawrason, 4291 Ambermeadow Street, provided a report on the September meeting of CTAC /SSTAC. She indicated that October has been designated as Traffic Awareness Month and October 27th as Park In Day. The attendees at the meeting received an update on the impact of the Americans With Disabilities Act and on the status of the Metrolink commuter train. The next scheduled meeting is October 13th. Mitchel Kahn, 300 Esplanade Drive, 6th Floor, Oxnard, spoke as legal counsel for G.H. Palmer Associates. He addressed Agenda Items 8.0. and 9.A. and said he was present to answer questions. He indicated that there is an inconsistency in paragraph 1 of the Agreement and said it could be resolved if he could have some time to work with the City Attorney. He said the verbiage should be changed to read "within 60 or 72 days ". Marguerite Sebeny, 15559 Mallory Court, spoke regarding the lack of a top coat of asphalt on the street in the subdivision in which she lives. She expressed concern that the developer, Griffin Homes, has gone into bankruptcy and that the final coat may not be applied to the street. Mr. Gilbert indicated that he has been advised that Griffin Homes has been given permission, from the bankruptcy court, to proceed with the top course of asphalt on this street. He was told that the completion date will be in the next 30 - 60 days. Minutes of the City Council Moorpark, California Page 4 September 9, 1992 In response to Councilmember Perez, Mr. Gilbert said the City is in position to collect on the surety bonds for this project, if the project is not completed and accepted by the City. Ted Green, Sr., (no address given on his Speaker Card) said he was a Moorpark resident. He suggested that the City might consider appointing a committee to plan a celebration for Martin Luther King Day. He said it is vital that Moorpark not have the image of being a racist community. Vicki Wall, 15564 Mallory Court, spoke as a property owner. She requested that the street named Pecan be included in the finishing of Mallory Court. Mr. Gilbert clarified that the City will expand its checklist of items to be completed by Griffin to include Pecan Street. Councilmember Montgomery suggested that City staff update the residents in the Griffin tract on the status of the items that have been discussed this evening. Sonia Ugart, 15546 Mallory Court, chose not to speak. Roberto Ugart, 15546 Mallory Court, also chose not to speak. Eloise Brown, 13193 Annette Street, commented on the new Council procedure with regard to public speakers for Public Comment, Public Hearing and Action/ Discussion items. She said she thought it was the intent of the Council to allow the public to speak under Public Comment regarding a Discussion /Action item if the public so desired. 7. COMMITTEE REPORTS: Councilmember Montgomery reported on the last Waste Commission meeting. He requested that an agenda item, regarding the lack of action by Ventura County on the Weldon Canyon refuse site, be agendized for a future meeting. He also reported on the last Santa Monica Mountains Conservancy meeting which highlighted proposed acquisitions in the Moorpark area. He indicated that he would be agendizing matters related to the proposed acquisitions. Minutes of the City Council Moorpark, California Page 5 8. CONSENT CALENDAR (Roll Call Vote): September 9, 1992 MOTION: Councilmember Talley moved and Councilmember Wozniak seconded a motion to pull items 8.C., 8 . H. , 8.K., 8 . 0. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of the Regular City Council Meeting of July 15. 1992. (Continued from 8/19/92) B. Warrant Register FY 1991 -92 Manual Warrants Regular Warrants 18263 18276, 18282, 18283, 18287, 18290, 18292, 18340 $ 36.31 $ 8,593.82 D. Consider the Ventura County Council of Government Joint Powers of Authoritv Revised Agreement. Staff Recommendation: Approve the Ventura County Council of Government Joint Powers Revised Agreement. E. Consider Approval of the Final Map for Tract No. 4789 (Moorpark West) . Staff Recommendation: Approve the final map for Tract No. 4789 and authorize the Mayor to sign the title sheets accepting for public use all streets and necessary rights for ingress /egress. Authorize the Mayor to sign the agreement for construction of subdivision improvements. F. Consider Approval of the Final Map for LDM 90 -1 (Howseman) . Staff Recommendation: Approve the final map for LDM 90 -1 and authorize the Mayor and the City Clerk to sign the map title sheets. G. Consider Approval of a Mandatory Refuse Collection Enforcement Policy. Staff Recommendation: Approve the proposed voluntary approach to seek compliance with the Mandatory Solid Waste Collection Ordinance, and direct staff to report back to the Council, no later than the first City Council meeting in December, 1992. I. Consider Revised Playground Warning Signs. Staff Recommendation: Approve revised warning signs. Minutes of the City Council Moorpark, California Page 6 September 9, 1992 J. Consider Children's Theater Proposal /American Association of University Women (AAUW) and California Lutheran University (CLU) Drama Department. Staff Recommendation: That the City Council approve co- sponsorship and waiver of fees for the Children's Theatre proposal for October 23, 1992 and future AAUW /CLU Childrens' Theatre events. L. Consider City Manager Approved Contract for Annual Street Striping Services with Safety Striping Services. Staff Recommendation: Receive and file the report. M. Consider City Manager Approved Contract for Annual Tree Trimming Services with Bob's Tree Service. Staff Recommendation: Receive and file the report. N. Consider City Manager Approved Contract, CDBG Senior Nutrition. Staff Recommendation: Receive and file the report. The following items were pulled from the Consent Calendar for individual consideration: C. Consider Commercial Planned Development Permit No. 90 -2 (Minor Modification No. 1) on the Application of Urban West Communities. Staff Recommendation: Receive and file the report. In response to Councilmember Montgomery, Mr. Porter indicated that the length of the extension of the Commercial Planned Development Permit recommended by staff was due to the present economic situation and the public benefit (improvements) already provided for by the developer. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the staff recommendation to receive and file the report. The motion carried by unanimous voice vote. H. Consider a Budget Amendment to Establish a Stormwater Quality Monitoring Activity Within the Department of Public Works. Staff Recommendation: That the City Council 1) amend the FY 92/93 budget by establishing Department 145 within the Department of Public Works to provide for NPDES (National Pollutant Discharge Elimination System) Stormwater Quality Monitoring Program; 2) approve the expense account transfers identified, and 3) create a revenue line item in the General Fund for recording NPDES assessments and other revenues. Minutes of the City Council Moorpark, California Page 7 September 9, 1992 In response to Mayor Lawrason, Mr. Gilbert reported on the County's activity regarding this matter. Mayor Lawrason cautioned that the City track the process. He said he supported Stormwater Quality Monitoring but didn't want to see the process become onerous and expensive. Councilmember Montgomery commented that this matter, because of its budget change should have been reviewed by the Council Budget and Finance Committee. MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to 1) amend the FY 92/93 budget by establishing Department 145 within the Department of Public Works to provide for NPDES (National Pollutant Discharge Elimination System) Stormwater Quality Monitoring Program; 2) approve the expense account transfers identified, and 3) create a revenue line item in the General Fund for recording NPDES assessments and other revenues. The motion carried by unanimous roll call vote. K. Consider Authorization to Advertise for Receipt of Bids for the Construction of an Asphalt Overlay on Peach Hill Road and on Tierra Rejada Road. Staff Recommendation: Staff recommends that the City Council approve the design plans for the subject project and authorize staff to advertise for receipt of bids for the subject project. Councilmember Montgomery said he pulled this item to question the criteria used for selection of this overlay project. He indicated that there might be areas of the City in more immediate need of overlay. Mr. Kueny indicated that the Public Works /Facilities Committee could review this matter before continued consideration by the full Council. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to continue this matter and refer it to the Public Works/ Facilities Committee for review. The motion carried by unanimous voice vote. O. Consider Revised Settlement Agreement with G. H. Palmer Associates. Staff Recommendation: Approved Revised Settlement Agreement. Mr. Kueny recommended that this item be continued to the meeting of September 16, 1992. Minutes of the City Council Moorpark, California Page 8 September 9, 1992 MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to continue this item to the meeting of September 16, 1992. The motion carried by unanimous roll call vote. 9. PUBLIC HEARINGS: A. Consider Proposed Issuance by the City of Moorpark of Multi - Family Housing Revenue Refunding Bonds for the Purpose of Refunding Bonds the City Previously Issued to Finance a Multi - family Rental Housing Development for Moorpark LeClub, Ltd., A California Limited Partnership, Located at the Corner of Moorpark Avenue and Los Angeles Avenue in the City of Moorpark. Staff Recommendation: Approve the City of Moorpark's participation and authorize the appropriate officials to sign on behalf of the City. Mr. Hare gave the staff report. He said staff was recommending opening the public hearing, taking testimony, and then continuing the matter so that the agreement can be finalized. In response to Councilmember Perez, Marshal Linn, the consultant on the refunding of the bonds, explained that the analysis of the bank was on 20% or less of the units being affordable housing. Mr. Kueny clarified that Councilmember Perez was requesting information regarding whether the property owner would agree to shift some of the required moderate income units to low income units. Mayor Lawrason opened the public hearing. Marshall Linn, Urban Futures, Inc., 801 E. Chapman Avenue, Fullerton, provided a brief history of the project. He indicated that in the negotiations with G.H. Palmer Associates, they agreed to pay $25,000 to cover cost of City staff time, $10,000 to cover costs associated with the project back in 1985, and an annual administrative fee that will pay for expenses the City will accrue to comply with the 20% housing standard. Mitchel Kahn, 300 Esplanade Drive, 6th Floor, Oxnard, legal counsel for G.H. Palmer Associates, said he is present to answer any questions the Council may have. Minutes of the City Council Moorpark, California Page 9 September 9, 1992 MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to continue this matter to the meeting of September 16, 1992; the Public Hearing to remain open. The motion carried by unanimous voice vote. 10. COMMENTS FROM COUNCIL MEMBERS: None. 11. ACTION /DISCUSSION ITEMS: A. Consider PD 1066 Minor Modification No. 3 (Cushman) Request to Construct a Second Floor Office Addition and Modify Conditions of Approval and the Approved Sign Program. Staff Recommendation: Receive and file the report. (Continued Item 8.M. from 8/19/92; Item 5.B from 8/26/92) Mr. Porter gave the staff report. Thomas Cushman, 75 South Park Lane, spoke as owner of the Park Lane Car Wash. He said there are two outstanding issues that still need to be resolved. One issue is the size of the proposed sign and the second one is the hours of Sunday operation. Mr. Cushman indicated that Pastor Hale, of the Shiloh Community Church, has agreed that he will no longer oppose the car wash being operational on Sunday mornings. In response to Councilmember Talley, Paul Porter recapped the readings that had been observed with the Sound Level Meter. In response to Council question, Mr. Kueny indicated that Staff would approve a 1916" sign per the application, but still recommended the existing Sunday hours of operation remain 12 noon to 7 p.m. Councilmember Perez said he would be willing to accept the new Sunday hours of operation as requested by the applicant. Randy Baker, 263 Sierra Avenue, spoke as an Elder of Shiloh Community Church. He said the position of the church has not changed regarding limiting Sunday hours of operation for the Park Lane Car Wash. He said he is surprised that Reverend Hale was reported to have said that Sunday morning hours would no longer be a problem. Mr. Baker requested that the City Council maintain the original agreement with the Park Lane Car Wash and limit the Sunday hours of operation to between noon and 7 p.m. Minutes of the City Council Moorpark, California Page 10 September 9, 1992 Councilmember Wozniak suggested moving forward on the sign conditioning and waiting on a decision regarding the hours of operation. He suggested continuing the matter to the meeting of September 16. Councilmember Talley stated that he believes the Sign Ordinance needs revision. Councilmember Montgomery suggested maintaining the current hours of operation for the project. He said that at any time in the future, should Mr. Cushman submit a minor modification requesting a change in operation and have the concurrence of the Shiloh Church, the request could again be considered. Councilmember Perez requested that the following be stricken from the condition limiting the hours of operation: This limitation on Sunday hours of operation will remain in effect only as long as the adjacent property is a church. A future minor modification would be the vehicle for a request to change the hours of operation in this circumstance. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to approve the staff recommendation modifying it to include approval of the sign requested by Cushman and amending the conditions as requested by Councilmember Perez above. MOTION WITHDRAWN BY COUNCILMEMBER MONTGOMERY WITH THE CONCURRENCE OF COUNCILMEMBER WOZNIAK. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to concur with the staff recommendation to approve the sign as submitted by the applicant. The motion carried by unanimous voice vote. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to concur with the staff recommendation that the condition regarding the hours of operation remain in effect with the amendment that the last two sentences of the condition, as requested by Councilmember Perez, be eliminated. The motion carried by voice vote 4 to 1, Councilmember Perez dissenting. Minutes of the City Council Moorpark, California Page 11 MOTION: Councilmember Montgomery moved Wozniak seconded a motion to approve the as suggested by staff. The motion carried vote. September 9, 1992 and Councilmember minor modification by unanimous voice Councilmember Talley indicated his concern with Park Lane and existing and future traffic. F. Consider Preliminary Design for the Construction of Block Walls Along the Rear of Properties Located on Sherman Avenue (North Side of Los Angeles Avenue West of Spring Road. Staff Recommendation: Staff recommends that the City Council take the following actions: 1) Approve the subject preliminary design with Alternate No. 1 as the preferred option as discussed in this report; 2) direct staff to proceed with acquisition of a Caltrans permit and the preparation of final construction documents; and, 3) direct staff to bring the final design and project cost estimate back before the City Council for final approval and authorization to advertise for receipt of bids. Mr. Gilbert gave the staff report. Councilmember Montgomery corrected the Title of Report, and he indicated that it should show the Project west of Spring Road rather than east. In response to Councilmember Wozniak, Councilmember Montgomery indicated that the Grapestick design was a much more pleasing wall than the other types reviewed and would lend itself to graffiti abatement. Leo Barrera, 266 Sherman Avenue, spoke as a resident who lives close to the proposed walls to be constructed. He requested clarification on the building materials to be used and wanted reassurance that property line stakes will be reset after the work is done. In response to Councilmember Wozniak, Mr. Gilbert said he would distribute brochures on the proposed wall design to the residents on Sherman Avenue affected by the construction of the wall. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to approve the Staff Recommendation. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 12 September 9, 1992 B. Consider Revised Pad Elevation and Building Envelopes on Vesting Tentative Tract Map No. 4620_= JBH. Staff Recommendation: Approve the pad elevation and building envelopes. (Continued Item 11.B. from July 15, 1992; Item 11.B from 8/19/92) Mr. Porter gave the Staff Report. Joe Latunski, 289 Casey Road, spoke in opposition to the proposed JBH development. He indicated the grading will change the flow of stormwater and will pose a threat of drainage problems to his property. He requested that this project be treated as a major modification and that the City Council require the developer to go through the entire review process again. Mr. Potter, engineer for JBH Development, said the drainage situation has been carefully evaluated and that the existing water course is east of Mr. Latunski's property. Councilmember Montgomery indicated that he felt it would be appropriate to consider this request as a minor modification. Councilmember Talley indicated that while he could support this particular project he did have concerns with the process. He said a grading plan can change very drastically without having to come back to the Council for reconsideration. MOTION: Councilmember Perez moved and Mayor Lawrason seconded a motion to approve the Modified Grading Plan per the revised Envelope Plan in Exhibit A of the Staff Report dated August 28, 1992 subject to the following: 1) all previously approved conditions; 2) applicant shall pay all additional staff costs associated with this provision. The motion carried by roll call vote 3 to 2, Councilmember Montgomery and Wozniak dissenting. The City Clerk stated that, per the Council Rules of Procedure, the time for reordering the Agenda had passed. CONSENSUS: By consensus, the Council determined to reorder the Agenda to hear Items 11.D., 11.E., and 11.C. Minutes of the City Council Moorpark, California Page 13 September 9, 1992 D. Consider Conceptual Design for Landscape Improvements to Arroyo Vista Community Park. Staff Recommendation: It is the recommendation of staff and the Public Works /Facilities Committee that the City Council approve the Conceptual Design Phase of the subject contract. Mark Zioni, spoke representing the landscape architectural firm of T. I. Maloney. He provided the Council with an overview of the project and an orientation of the site to the surrounding area. MOTION: Mayor Lawrason moved and Councilmember Talley seconded a motion to approve the staff and Public Works /Facilities Committee recommendation that the City Council approve the Conceptual Design Phase of the subject design contract and the reduced scope of initial construction as presented in the Staff Report dated August 28, 1992 and the Supplemental Staff Report dated September 2, 1992. The motion carried by unanimous voice vote. E. Consider Code Enforcement Work Program. Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny indicated he was available to answer any questions regarding this report. Gerry Goldstein, 11932 Los Angeles Avenue, spoke in opposition to the City's Code Enforcement operations and officers. Councilmember Montgomery suggested amending Priority No. 2 to read, "Investigate and Abate Overcrowding ". Councilmember Montgomery requested that the matter of overcrowding be agendized for a future City Council meeting. Councilmember Talley stated that the Code Enforcement Officer uniforms needed to be changed to look less police -like. Mayor Lawrason agreed with Councilmember Talley. Councilmember Perez indicated that he concurred that the uniform needed to be changed. Minutes of the City Council Moorpark, California Page 14 September 9, 1992 CONSENSUS: By consensus the Council determined to direct an Ad Hoc Committee consisting of Councilmember Talley and Mayor Lawrason to review and make suggestions for a new uniform for the Code Enforcement Officers. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to implement the priority list, as amended to include the word "abate" before overcrowding in Item 2, of the Staff Report. The motion carried by unanimous voice vote. C. Consider Extension of Growth Control Ordinance. Staff Recommendation: Direct staff as deemed appropriate. (Continued Item 11.E. from 8/19/92) MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to continue this Item to the meeting of September 16, 1992. The motion carried by unanimous voice vote. 12. ORDINANCES: None. 13. FUTURE AGENDA ITEMS: Councilmember Montgomery requested Council consideration of an Ordinance to place a moratorium on sign permits until the Sign Ordinance can be revised at a future meeting. 14. CLOSED SESSION: MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to adjourn to Closed Session for discussion of all items listed: 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. Minutes of the City Council Moorpark, California Page 15 September 9, 1992 F. Negotiations for Real Property at 280 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54956.8. G. Litigation concerning Conejo Freeway Properties, LTD. vs. City of Moorpark. H. Litigation concerning City of Moorpark vs. Southern California Edison, et al. I. Negotiations for Real Property on the South Side of High Street (Southern Pacific /VCTC) pursuant to Government Code Section 54956.8. J. Litigation concerning Moorpark vs. Fedelety Corporation. The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 12:05 a.m. The Council reconvened into Closed Session at 12:14 a.m. Present in Closed Session were all Councilmembers; and Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Mary Lindley, Assistant to the City Manager and Cheryl Kane, City Attorney. Ms. Lindley left the Closed Session at 12:35 a.m. The meeting reconvened into Open Session at 1:06 a.m. Mr. Kueny stated that there was no action to report out of Closed Session and only items 14.A., 14.E., 14.H., 14.I., 14.J. were discussed. 15. ADJOURNMENT: MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 1:06 a.m. ATTEST: �V /%v�I � Paul W. La *rason Jr., rayor I