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HomeMy WebLinkAboutMIN 1992 0916 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California September 16, 1992 A Regular Meeting of the City Council of the City of Moorpark was held on September 16, 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: Councilmember Wozniak led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Montgomery, Perez, Talley, Wozniak, and Mayor Lawrason Steven Kueny, City Manager; Cheryl Kane, City Attorney; Charles Abbott, City Engineer; Dirk Lovett, Assistant City Engineer; Sgt. Rouse, Sheriff's Department; Ken Gilbert, Director of Public Works; Christine Adams, Director of Community Services; Mary Lindley, Assistant to the City Manager; Don Reynolds, Administrative Services Manager; Deborah Traffenstedt, Senior Planner; and Lillian Hare, City Clerk 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: NONE. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONSENSUS: By consensus the Council determined to hear Item 12.B. following the Consent Calendar and 11.D. as the number 2 discussion item. 6. PUBLIC COMMENT: Francis Okyere, 484 Los Angeles Avenue, requested that the Council not adopt an ordinance to create a moratorium on signs. Barbara A. Shultz, 116 Sierra Avenue, stated that she wanted to clarify that she did not run for a Council seat because of the drainage problems in her backyard related to the McCleod project. Gerry Goldstein, 11932 Los Angeles Avenue, stated his dislike of the City's Code Enforcement. Minutes of the City Council Moorpark, California Page 2 September 16, 1992 Colin Velazquez, 476 West Los Angeles Avenue, stated his opposition to a sign moratorium. Joy Cummings, 650 Bard, stated her opposition to a sign moratorium. 7. COMMITTEE REPORTS: None. 8. CONSENT CALENDAR (Roll Call Vote): MOTION: Councilmember Perez moved and Councilmember Talley seconded a motion pull Items 8.D., 8.F., and 8.K. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. Consider Approval of Minutes of the Special City Council Meeting of August 12, 1992. Consider Approval of Minutes of the Special City Council Meeting of August 19, 1992. Consider Approval of Minutes of the Special City Council Meeting of August 24, 1992. Consider Approval of Minutes of the Special City Council Meetina of Auaust 28, 1992. B. Warrant Register FY 1991/92 Manual Warrants 18354 $ 8,263.00 Regular Warrants 18367,18369, 18374, 18381, 18428 $ 38,957.12 FY 1992/93 Manual Warrants 18349 -18353 $ 1,033.64 Voided Warrants 18288 -18289 $ (143.63) Regular Warrants 18361 - 18373, 18375 - 18433 $250,958.21 Minutes of the City Council Moorpark, California Page 3 September 16, 1992 C. Consideration of Bids for Award of a Contract for the Construction of Phase I Storm Drain and Street Improvements on Charles Street. Staff Recommendation: Continue to the next regularly scheduled meeting or an adjourned meeting on September 23. E. Amend Temporary Commercial Refuse Collection Permit Requirements and Processing Procedures. Staff Recommendation: Amend Temporary Commercial Refuse Collection Permit requirements and processing procedures to allow City Manager to issue permits and modify fees. G. Consider Approval of the Final Map for Tract 4792 (Urban West Communities). Staff Recommendation: Approve the final map for Tract 4792 and authorize the Mayor and the City Clerk to sign the map title sheets. H. City Manager Approved Contract - J.C. Construction to Install a 7' x 40' Sidewalk with a 12" Planter along N/W Side of Restroom and a 46' x 65' Sidewalk Along Playground #3 at Griffin Park. Staff Recommendation: Approve the Agreement for contract services with J.C. Construction and direct the City Manager to sign the contract. I. Consider Request for Cablecasting and Use of Community Center for Candidates' Forum and Waiver of Fees. Staff Recommendation: Approve request to waive fees and televise event. J. Consider Rejection of Claim - Paskins. Staff Recommendation: Reject claim and so notify claimant. L. Consider the Renewal of Landscape Maintenance Agreement with Modifications (Sunridge) . Staff Recommendation: Approve an additional one month extension of the Agreement. The following items were pulled from the Consent Calendar for individual consideration: D. Consideration of Bids for Award of a Contract for the Construction of Phase I Site Improvements to Arroyo Vista Community Park. Staff Recommendation: Award to lowest responsible bidder. Minutes of the City Council Moorpark, California Page 4 September 16, 1992 Mr. Gilbert clarified that the staff recommendation was contained in the supplemental report provided to the Council. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to approve the staff recommendation to defer construction of the gravel road and parking lot at this time; award contract for construction of the project as redefined to D.W. Burhoe Construction, Inc., for the bid amount of $409,192.00; approve a ten per cent contingency for the project and authorize the City Manager to approve additional work, if required, for an amount not to exceed ten per cent of the contract price; authorize the Mayor to sign necessary contract documents. The motion carried by unanimous voice vote. F. Review Staff Conditions for Country Days and Request from the Chamber of Commerce. Staff Recommendation: Approve Chamber of Commerce request. In response to Councilmember Wozniak, Mr. Kueny responded that the $4,000 funding from the City was part of the FY 1992/93 Budget. In response to Mayor Lawrason, Sgt. Rouse indicated that the police had reviewed plans for the event. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to approve continued participation of City staff in the support of this event, approve the Chamber of Commerce requests and the expenditure of the $4,000 as detailed in the report dated September 10, 1992. The motion carried by unanimous voice vote. K. Consider Resolution 92 -884 to Initiate Certain Changes in Zoning Designations to Implement the General Plan Update. Staff Recommendation: Approve Resolution 92 -884. In response to Councilmember Wozniak, Ms. Traffenstedt stated that public hearings would be held by the Planning Commission regarding this matter at their first meeting in October. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to approve Resolution 92 -884. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 5 September 16, 1992 12. ORDINANCES: B. Consider an Ordinance to Amend Chapter 5.52 of Title 5 of the Municipal Code, Mobilehome Park Rent Stabilization. Ms. Traffenstedt gave the staff report. Mayor Lawrason and Councilmember Perez summarized the meetings their Council Committee had with the Villa del Arroyo Mobile Home Park Association and with the owners of the Park. CONSENSUS: By consensus the Council determined that the Ordinance should be introduced tonight. Ms. Kane read the Ordinance title. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to read the Ordinance title only. The motion carried by unanimous voice vote. MOTION: Councilmember Talley moved and Councilmember Montgomery seconded a motion to waive further reading and declare Ordinance 153 introduced for first reading. The motion carried by unanimous voice vote. 9. PUBLIC HEARINGS: A. vi riutr.t- rdmily housing xevenue Refunding Bonds for the Purpose of Refunding Bonds of 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 by adoption of Resolution 92 -885 and authorize the appropriate officials to sign on behalf of the City after action on Item 11.A. (Continued Item 9.A. from 9/9/92) PUBLIC HEARING REMAINS OPEN. Mr. Kueny gave the staff report. The Mayor announced that the Public Hearing was still open. Minutes of the City Council Moorpark, California Page 6 September 16, 1992 Oscar Gonzales, 300 Esplanade Drive, Oxnard, representing Palmer Associates, asked the Council to accept a letter from Citicorp indicating that Citicorp would not participate in the refunding of the Le Club Multifamily Housing Revenue Bonds if the City made any change in the Regulatory Agreement with Palmer. CONSENSUS: By consensus, the Council determined to accept the letter. Mayor Lawrason closed the Public Hearing. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to Table this Item subsequent to the action on Item 11.A. later in the evening. The motion carried by unanimous voice vote. 10. COMMENTS FROM COUNCIL MEMBERS: Councilmember Perez requested the Public Works Department "speed up" the process for the improvements at Third and Bard Streets. Councilmember Montgomery requested the Candidate's forum held at Moorpark College be broadcast on the governmental channel. 11. ACTION /DISCUSSION ITEMS: A. Consider Revised Settlement Agreement with G. H. Palmer Associates. Staff Recommendation: Approved revised Settlement Agreement. (Continued Item 8.0. from 9/9/92) Mr. Kueny gave the staff report. He recommended that approval be given with final review and approval of the language by the City Manager, City Attorney, and Mayor. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to approve the Agreement subject to final review and approval of the language by the City Manager, City Attorney, and Mayor. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 7 September 16, 1992 The following item was continued from earlier in the meeting: 9.A. Consider Proposed Issuance by the City of Moorpark of Multi - Family Housing Revenue Refunding Bonds for the Purpose of Refunding Bonds of 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 by adoption of Resolution 92 -885 and authorize the appropriate officials to sign on behalf of the City after action on Item 11.A. (Continued Item 9.A. from 9/9/92) MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to approve Resolution No. 92 -885 approving the City's participation in the bond refunding and authorizing the appropriate officials to sign on behalf of the City. The motion carried by unanimous voice vote. 11.D Consider the Termination of the Senior Center Lease Agreement. Staff Recommendation: That the City Council terminate the Senior Center Lease Agreement and authorize the City to assume responsibility for the Senior Center beginning October 1, 1992. Mr. Reynolds gave the staff report. Gerry Goldstein, 11932 Los Angeles Avenue, said the Seniors' Board is viewed by the Seniors as being "high handed ". Councilmember Montgomery recommended that the Public Works /Facilities Committee make a recommendation to the Mayor on appointments to the Senior Advisory Council. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to terminate the Senior Center Lease with the Moorpark Senior Citizens, Inc., effective October 1, 1992; make changes as deemed appropriate to the draft Senior Center Operating Guidelines as presented in Attachment B of the Staff Report dated September 11, 1992; consider developing a Senior Advisory Council and direct staff and the Public Works /Facilities Committee to report back to the Council on this matter October 7, Minutes of the City Council Moorpark, California Page 8 September 16, 1992 1992, with the Committee to make recommendations to the Mayor for appointments to the Senior Advisory Council. The motion carried by unanimous voice vote. B. Consider Extension of Growth Control Ordinance. Staff Recommendation: Direct staff as deemed appropriate. (Continued Item 11.C. from 9/9/92) Mr. Kueny indicated that this item was requested by the City Council for placement on the Agenda. Councilmember Wozniak said he was interested in knowing the process for extending Measure F and whether the City would want to carry over permits not used under that Measure. Mr. Kueny indicated that with regard to Measure F, the difference between building permits and building allocations needed to be clarified. Mayor Lawrason indicated that there was "clean up" that needed to be done with regard to Measure F if it was to be extended. Ms. Kane went over the process. She indicated that Measure F does not extend past its sunset date of December 31, 1994. She indicated that the process might include the City making amendments to one or more elements of the General Plan, and Environmental Documents. Gary Austin, 17512 Von Karman Blvd., Irvine, said he encouraged the Council to allow flexibility in the Ordinance (Measure F) and to exclude future annexation. He indicated that control could be achieved through a Development Agreement. Eloise Brown, 13193 Annette, said Measure F was instituted by an initiative process -- a vote of the people. She said since the sunset on Measure F was not until December 1994, she felt this was not the time to be working on this matter. Minutes of the City Council Moorpark, California Page 9 September 16, 1992 Councilmember Talley stated that he believed the Council needed to start the process now and hold Public Hearings at the Planning Commission and City Council level. Councilmember Montgomery suggested a Task Force to work for 6 to 9 months on the matter. He suggested a Committee consisting of two Councilmembers and two Planning Commissioners and then scheduling of Public Hearings for citizen input. Mayor Lawrason asked whether the Council would consider participation by the Public on the Task Force. Councilmember Wozniak stated that the "failing" in Measure F was not having implementation of the Ordinance "spelled out ". Councilmember Wozniak and Councilmember Perez volunteered to serve on the Ad Hoc Committee. Mayor Lawrason stated that Councilmembers Wozniak and Perez should serve on the Committee. CONSENSUS: By consensus, the Council concurred with the Mayor that Councilmembers Wozniak and Perez should serve on an Ad Hoc Committee to draft a combination extension to Measure F and Comprehensive Planning Ordinance document; two members of the Planning Commission to serve on the Ad Hoc Committee; staff to advertise for two citizen's interested in serving on the Committee with a report on the appointment of citizens to the Committee to be made at the Council meeting of October 21 or as soon thereafter as possible. AT THIS POINT in the meeting, a recess was declared. The time was 9:05 p.m. The Council reconvened at 9:30 p.m. C. Consider Approval of a Monthly Bus Pass Program Staff Recommendation: Approve the Monthly Bus Pass Program. Ms. Lindley gave the staff report. In response to Mayor Lawrason, Ms. Lindley said staff had not considered a subsidy for those without the ability to pay for a bus ticket. She said she would present the idea for discussion to the Transportation Committee. Minutes of the City Council Moorpark, California Page 10 September 16, 1992 Mayor Lawrason indicated that the Seniors might benefit from such a program. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the staff and Transportation Committee recommendation to approve a Monthly Bus Pass Program effective October 5, 1992 and appropriate an amount not to exceed $810.00 from the General Fund Reserve to subsidize the passes in fiscal year 1992/93. The motion carried by unanimous roll call vote. E. Consider Overcrowding Related Issues. Staff Recommendation: Direct staff as deemed appropriate. Ms. Traffenstedt gave the staff report. Mayor Lawrason stated that it should be determined whether the Health and Safety Codes would be relevant for use to combat the overcrowding situation. He said this might be something for the new Community Development Director to determine. Cynthia Hubbard, 187 Shasta Avenue, stated that a petition had been signed by 150 downtown residents regarding the overcrowding issue. She said that although overcrowding was a problem in the downtown area it was also a concern in the Campus Park and Peach Hill areas as well. Gerry Goldstein, 11932 Los Angeles Avenue, said that dormitory style housing should be provided to help eliminate overcrowding. Ron Golden, 484 Esther Avenue, said that recreational vehicles and trailers should not be dealt with as an overcrowding issue. He indicated his concern with the overcrowding problem and said that he helped to obtain the signatures for the petition which had been submitted to the City late this afternoon. Mayor Lawrason said that if someone was living in recreational vehicles or trailers then that situation would be part of the overcrowding problem, otherwise he agreed with Mr. Golden. Minutes of the City Council Moorpark, California Page it September 16, 1992 Councilmember Wozniak concurred with the Mayor on recreational vehicles. He also indicated that he would like to see a draft of the Noise Ordinance soon and off street parking addressed as an ordinance also. Councilmember Montgomery indicated that he didn't see the need to focus on off street parking but there was a need for control of on street parking- - a restriction possibly on parking during street sweeping hours. He said a report from staff was needed. He also said the City needed to look at conversions and accessory structures and make clear what should be done as far as Code enforcement. He also indicated that immediate police backup should be available if requested by Code Enforcement Officers. He indicated that increased evening and weekend patrolling by the Sheriff's Department in the downtown area would be of help in reducing the problem of overcrowding. In response to Councilmember Montgomery, Sgt. Rouse indicated that the Police Department had increased evening and weekend patrolling in the downtown area. He said the area of most complaints regarding overcrowding were between Moorpark Avenue and Spring Road and High Street and Los Angeles Avenue. Councilmember Montgomery said that in light of the petition that had been received, Sierra Avenue as well seems to need more patrolling. He also said he would also like the Council to pass a Resolution to prevent Real Estate agents from marketing single - family homes for multi - family use. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to direct the City Attorney to prepare an analysis of the Thousand Oaks Ordinance and any other applicable or relevant legislation on this matter; staff to prepare a report on street parking alternatives with recommendations; a resolution to be prepared for future consideration asking area Real Estate agents /brokers to refrain from marketing multi - family use of single family dwellings; and Health and Safety Codes to be reviewed for applicability towards use in overcrowding abatement. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 12 September 16, 1992 F. Consider Request by Abe Guny for the City to Initiate a General Plan Amendment for His 42 -Acre Property Located West of Walnut Canyon Road and North of Casey Road. Staff Recommendation: Direct staff as deemed appropriate. Ms. Traffenstedt gave the staff report. Abe Guny, 7250 Walnut Canyon Road, went over his request for a General Plan Amendment, requesting to have his application reviewed as a Specific Plan. Mayor Lawrason indicated that he didn't feel the property was right for a Specific Plan but might favor that approach should the rest of the Council concur with it. In response to Mr. Guny, Councilmember Talley said he would support "grandfathering" in any conditions for Tract 4652 which could become part of the new application process. CONSENSUS: By consensus, the Council concurred that the conditions in Tract 4652 should be "grandfathered" into the application process for this applicant as far as those conditions were applicable to the new application. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to direct staff to accept an application for a General Plan Amendment to designate Mr. Guny's property as a Specific Plan area with a maximum density limit of 68 with a maximum density of 46 dwelling units. The motion carried by unanimous voice vote. 12. ORDINANCES: A. Consider Urgency Ordinance to Institute a Moratorium on Sign Applications. Mr. Kueny gave the staff report. In response to Council question, he indicated that McDonald's, Arco, and K -Mart could possibly submit sign applications at the present time. CONSENSUS: By consensus, the Council determined that they would not approve an urgency ordinance to institute a moratorium on sign applications. Minutes of the City Council Moorpark, California Page 13 September 16, 1992 Councilmember Talley indicated that he believed it was a priority that the staff revise the existing sign Ordinance. Councilmember Montgomery concurred with Councilmember Talley. Mr. Kueny indicated that the staff would bring a report back to Council on this matter. 13. FUTURE AGENDA ITEMS: None. 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: 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. Minutes of the City Council Moorpark, California Page 14 September 16, 1992 J. Litigation concerning Moorpark vs. Fidelety Corporation. The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 11:00 p.m. The Council reconvened into Closed Session at 11:07 p.m. Present in Closed Session were all Councilmembers; and Steven Kueny, City Manager; Mary Lindley, Assistant to the City Manager City Manager; and Cheryl Kane, City Attorney. Ms. Lindley left the Closed Session at 11:23 p.m. The meeting reconvened into Open Session at 11:48 p.m. Mr. Kueny stated that there was no action to report out of Closed Session and only Items 14.A., 14.E., 14.I., and 14.J. were discussed. 15. ADJOURNMENT: MOTION: Councilmember Wozniak moved and Councilmember Talley seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 11:48 p.m. Paul W. Lawrason 1Jr., Mayor ATTEST: