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HomeMy WebLinkAboutMIN 1992 1021 CC REGMINUTES OF THE CITY COUNCIL Moorpark Community Center 799 Moorpark Avenue A Regular Meeting of the City Council of the City of Moorpark was held on October 21, 1992 in the Council Chambers at 799 Moorpark Avenue, Moorpark, CA. 1. CALL TO ORDER: Mayor Lawrason called the meeting to order at 7:26 p.m. 2. PLEDGE OF ALLEGIANCE: Officer Bill Bettis 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; Charles Abbott, City Engineer; Dirk Lovett, Assistant City Engineer; Lieutenant Dean, Sheriff's Department; Ken Gilbert, Director of Public Works; Jaime Aguilera, Director of Community Development; Christine Adams, Director of Community Services; Mary Lindley, Assistant to the City Manager; Deborah Traffenstedt, Senior Planner; Paul Porter, Senior Planner; Kathleen Mallory Phipps, Associate Planner; Lillian Hare, City Clerk; Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Certificate of Recognition for Mary Henshaw as a delegate to the National Young Leaders Conference. The Certificate of Recognition was presented to Mary Henshaw by Mayor Lawrason. B. Proclamation for Red Ribbon Week October 24 - November 1. The proclamation was presented to Officer Bill Bettis by Mayor Lawrason. 5. REORDERING OF, AND ADDITIONS T0, THE AGENDA: None. Minutes of the City Council Moorpark, California Page 2 6. PUBLIC COMMENT: October 21, 1992 Ruth Farabaugh, 13543 E. Cedarpine, spoke regarding purported fireplace deficiencies. She said she believes her neighbors in the North View tract need to be better informed regarding their dangerous fireplaces. Ms. Farabaugh also indicated that the use of gas logs is even more dangerous with the faulty fireplaces because of the carbon monoxide that escapes back into the residence. Connie Lawrason, 4291 Ambermeadow Street, provided a report on the October 13th meeting of the Citizens' Transportation Advisory Committee. She said the primary discussion was about the consequences of the Americans with Disabilities Act and how it relates to transportation issues. The attendees also heard a guest speaker from the Air Pollution Control District regarding Rule 210. Mrs. Lawrason indicated that Park In Day is October 27th and provided the Dial A Route telephone number for those wishing to park and ride on that day. She provided an update from Caltrans about the following items 1) that the traffic signal at the corner of Moorpark and High Streets is scheduled to be completed by April 1993; 2) a painted median will be added on Moorpark Avenue at Casey Road; and 3) that October 1993 is the scheduled completion date of the freeway connector. Aubrey McCann, 5342 Lewis Road, Agoura Hills, spoke regarding the conditions of the animals at the Pony Pals ride located just outside the City of Moorpark on Moorpark Road. She has been told by the Humane Society that the registered complaints to them are confidential. She said someone should take the responsibility to make the owner improve the conditions for the animals and she wanted the City Council to be aware that the condition exists. Larry Fick, spoke representing the Ventura County Grand Jury. He introduced two other Grand Jurors, Ken Hammond and Irene Watts. Mr. Fick said they are visiting to get to know the City Council. Gerry Goldstein, 11932 Los Angeles Avenue, spoke regarding recent code enforcement actions. Minutes of the City Council Moorpark, California Page 3 October 21, 1992 F.D. (Doug) Smith, 4332 Forest Oaks Drive, Thousand Oaks, spoke representing Shell Oil Company. He explained that Shell Oil will have a facility which is part of the Mission Bell Plaza project. He said he is concerned with Condition No. 3 which prohibits the sale of alcohol on the premises of the new Shell FoodMart. He said it has always been their intent to sell wine and beer and that situation has never been a topic for discussion until now. Cynthia Hubbard, 187 Shasta Avenue, spoke regarding overcrowding. She said the suggestion received from the City Council at a previous City Council meeting that downtown residents form their own Homeowner's Associations was not a good idea. Eloise Brown, 13193 E. Annette Street, spoke regarding needed storm drain guards to protect children. She said there is a proliferation of political signs in the public right of way. She said the other candidates should abide by the sign ordinance regulations. She also said there are streets more in need of resurfacing than Peach Hill Road. Abe Guny, 7250 Walnut Canyon Road, was not present to speak when called. 7. COMMITTEE REPORTS: Councilmember Montgomery reported on the County Animal Control Committee meeting and the recent meetings of the Santa Monica Mountains Conservancy District. He indicated that the Council would be receiving a written report on the recent Waste Commission meeting. 8. CONSENT CALENDAR (Roll Call Vote): MOTION: Councilmember Wozniak moved and Councilmember Talley seconded a motion to pull items 8.C., 8.K., 8.L. and 8.Q. and approve the balance of the Consent Calendar, also noting that the August 26, 1992 minutes were "special" not "regular" minutes. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of the Special City Council Meeting of August 26, 1992. Consider Approval of Minutes of the Special City Council Meeting of September 30, 1992. Minutes of the City Council Moorpark, California Page 4 October 21, 1992 Consider Approval of Minutes of the Special City Council Meeting of October 7. 1992. Consider Approval of Minutes of the Regular City Council Meeting of October 7. 1992. G. Consider Resolution No. 92 -887 Establishing Speed Limits for the Streets in Tracts 4340, 4341 and 4342 (West Village). Staff Recommendation: 1) Adopt Resolution No. 92 -887 establishing speed limits for streets in West Village; and, 2) Direct staff to have a Speed Study prepared for these streets. H. Consider Resolution No. 92 -888 Establishing No Overnight Parking on City Controlled Property at the Southwest Corner of Moorpark Avenue and High Street and the Park and Ride Lot East of Moorpark Avenue. Staff Recommendation: Adopt Resolution No. 92 -888. Staff Recommendation: Approve the minutes as processed. B. Warrant Register FY 1992/93 Manual Warrants 18443 - 18450, 18569 -18576 $ 23,075.46 Regular Warrants 18580 -18692 $248,265.11 D. City Manager Approved Contract: CDBG Catholic Charities. Staff Recommendation: Receive and file the report. E. City Manager Approved Contract: CDBG Literacy Services. Staff Recommendation: Receive and file the report. F. City Manager Approved Contract: JCA Electrical Services. Staff Recommendation: Receive and file the report. G. Consider Resolution No. 92 -887 Establishing Speed Limits for the Streets in Tracts 4340, 4341 and 4342 (West Village). Staff Recommendation: 1) Adopt Resolution No. 92 -887 establishing speed limits for streets in West Village; and, 2) Direct staff to have a Speed Study prepared for these streets. H. Consider Resolution No. 92 -888 Establishing No Overnight Parking on City Controlled Property at the Southwest Corner of Moorpark Avenue and High Street and the Park and Ride Lot East of Moorpark Avenue. Staff Recommendation: Adopt Resolution No. 92 -888. Minutes of the City Council Moorpark, California Page 5 October 21, 1992 I. 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: 1) Approve the plans and specifications for the subject projects; 2) Authorize staff to advertise for receipt of bids; 3) Direct staff to proceed with a preliminary design for the asphalt overlay of certain other identified streets requiring resurfacing. J. Consider Authorization to Proceed with Preparation of the Design for the Widening of the New Los Angeles Avenue Bridge Across the Arroyo Simi. Staff Recommendation: Direct the City Engineer to proceed with the preparation of said design consistent with job parameters determined by the City Manager and authorize appropriation of additional $35,000 from the Los Angeles Avenue AOC. M. Consider Approval of Regional Americans With Disabilities Act (ADA) Paratransit Certification Guidelines. Staff Recommendation: Approve the Regional ADA eligibility guidelines. N. Consider Exoneration of Developer Guarantees for DP 358, DP 361 and DP 332 (Cabot, Cabot & Forbes. Staff Recommendation: Authorize refund of cash deposits. O. Consider the Extension of the Mobile Home Rent Subsidy Program. Staff Recommendation: That the City Council appropriate the balance of available funds and authorize the extension of the program until these funds expire. P. Consider Renewal of Landscape Maintenance Contract ( Sunridge Landscape Maintenance, Inc.) with Revisions. Staff Recommendation: Approve renewal of contract with Sunridge Landscape Maintenance, Inc., for the balance of 1992/93 fiscal year, effective November 1, 1992, subject to the City Manager and the City Attorney approval of the final contract language. The following items were pulled from the Consent Calendar for individual consideration. Minutes of the City Council Moorpark, California Page 6 October 21, 1992 C. Consider Formation of a Senior Citizen Advisory Committee. Staff Recommendation: Approve Senior Citizen Advisory Committee Guidelines as presented. (Continued item 8.0. from 10/7/92.) Councilmember Talley indicated he thought the term to be served on this committee should be staggered. MOTION: Councilmember Talley moved and Councilmember Montgomery seconded a motion to approve the Senior Citizen Advisory Committee guidelines; the committee to be composed of five members who serve for two year terms, the terms to be staggered; interested Seniors to make application with the Department of Community Services; appointments to be made by the City Council after a review of the applications; meetings to be held monthly, generally the first Monday of the month, at the Moorpark Senior Center; meetings to be open to all interested participants; the committee to elect from among itself a chair and vice chair; City staff to attend all meetings and provide administrative support to the committee. The motion carried by unanimous voice vote. K. Consider CPD 89 -2 Minor Mod No. 3 (Ventura Pacific Capital Group) Elevation Modifications and Clarification of Condition of Approval Verbiage Regarding Signage. Staff Recommendation: Receive and file the report. In response to Mayor Lawrason, Mr. Aguilera stated that Mr. Ghiradelli has requested continuance of this item to the next City Council meeting. MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to continue this item to the next regularly scheduled City Council meeting of November 4. The motion carried by unanimous voice vote. L. Consider 89 -2 Minor Modification No. 2 - Shell Oil. Staff Recommendation: Receive and file the report. Mr. Aguilera clarified that staff had placed no additional condition regarding the sale of alcohol on this Minor Modification. He said that this issue was raised at the committee level. In response to Councilmember Talley, Lieutenant Dean indicated that he was not aware of any special DUI problems with sales of alcohol from this type of establishment. Minutes of the City Council Moorpark, California Page 7 October 21, 1992 Councilmember Wozniak expressed his concern that major oil companies, who are setting up gas stations like this proposed operation, should evaluate the impact alcohol sales might have on the number of drunk drivers. In response to a question by Councilmember Perez, staff determined that the Chevron gas station was not presently selling alcohol. Mayor Lawrason also expressed his concern with the sale of alcohol from gas stations. He said drinking and driving do not mix. CONSENSUS: By consensus, the Council determined to allow Mr. Smith, representing Shell Oil, to address the Council again. In response to Mayor Lawrason, Mr. Smith said the service station would be operated on a 24 -hour basis. He said the clerks have bulletproof glass surrounding their area and a system that automatically locks the door. In response to Council question, Mr. Porter indicated that Mr. Smith said he would stop the sale of alcohol at 1 a.m. Mr. Talley said that an ordinance should be passed by the City that the sale of liquor cease at 1 a.m. in the City. MOTION: Mayor Lawrason moved and Councilmember Wozniak seconded a motion to approve the staff recommendation to receive and file the report. Councilmember Wozniak clarified that the motion restricted the sale of alcohol. After Council discussion, Mayor Lawrason restated the motion as follows: The motion is to approve the staff recommendation to receive and file the report with no added conditions. Councilmember Wozniak's second was not withdrawn. Minutes of the City Council Moorpark, California Page 8 October 21, 1992 AMENDMENT: Councilmember Perez moved and Councilmember Wozniak seconded an amendment to the motion to receive and file the report with the addition of a condition to restrict the sale of alcohol. VOTE ON THE AMENDMENT: The motion failed by roll call vote 2 -3, Councilmembers Montgomery, Talley and Mayor Lawrason dissenting. VOTE ON THE MAIN MOTION: The motion carried by roll call vote 4 -1, Councilmember Wozniak dissenting. Q. Consider Overcrowding Related Issues. Staff Recommendation: Receive and file the report. In response to Councilmember Montgomery, Mr. Aguilera said that a report on the street parking alternatives and the list of all applicable building, housing and health and safety codes would be provided to the Council at the first meeting in December. He also said the noise ordinance has been submitted to the City Attorney for review and should be ready for first reading at the first meeting in December. In response to Councilmember Montgomery, Lieutenant Dean indicated that there was an increased police presence on Friday and Saturday nights in the downtown area. He indicated that the problems on High Street had improved. MOTION: Councilmember Wozniak moved and Councilmember Talley seconded a motion to receive and file the report. The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 9:00 p.m. The Council reconvened at 9:15 p.m. 9. PUBLIC HEARINGS: A. Consider Zone Change 92 -4 (ZC 92 -4 - McDonald's Corporation) to change the zoning on the northeast corner of Los Angeles Avenue and Spring Road (APN 512- 0- 150 -385) from RPD -15 units per acre to C -2. Staff Recommendation: 1) Open the public hearing and accept public testimony; 2 ) Make the appropriate findings; 3 ) Introduce and conduct the first reading of Ordinance 154 approving Zone Change 92 -4 changing the zoning on the subject site from RPD -15 units per acre to C -2. Minutes of the City Council Moorpark, California Page 9 Mr. Aguilera gave the staff report. October 21, 1992 Mayor Lawrason opened the public hearing. Terry Murphy, 20505 E. Valley Blvd, Suite 110, Walnut, the traffic engineer for the McDonald's Corporation said he was present to answer questions. Larry Messerschmidt, 21300 Victory Blvd, spoke representing the McDonald's Corporation. He said he was also present to answer questions. In response to Councilmember Montgomery, Mr. Messerschmidt said they had no concerns with the Planning Commission approved conditions on the Parcel Map and CPD for their project. Mayor Lawrason closed the public hearing. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to make the appropriate findings that based on the information set forth it is determined that the Zone Change Request is justifiable in terms of public convenience, general welfare, and good zoning practice and it has been ascertained that the project is consistent with the Moorpark General Plan. The motion carried by unanimous voice vote. Ms. Kane read the ordinance title. MOTION: Councilmember Talley moved and Councilmember Wozniak seconded a motion to read the ordinance title only. The motion carried by unanimous voice vote. MOTION: Councilmember Talley moved and Councilmember Wozniak seconded a motion to waive further reading and declare Ordinance 154 introduced and read for the first time. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 10 October 21, 1992 B. Consider Proposed Zone Changes to Make Zoning Consistent with the Adopted Land Use Designations of the City's General Plan. Staff Recommendation: 1) Open the public hearing and accept public testimony; 2) Determine that the City Council certified Final Environmental Impact Report prepared for the General Plan Land Use Element update addresses any environmental impacts as a result of the proposed zone changes; 3) Make the appropriate findings; 4) Approve the Ordinance 155 for Zone Change No. 92 -2 for the proposed zone changes and introduce the Ordinance for first reading. Mr. Aguilera gave the staff report. Mayor Lawrason opened the public hearing. As there were no speaker cards for this item, Mayor Lawrason closed the public hearing. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to determine that the City Council certified final environmental impact report prepared for the General Plan Land Use Element Update addresses any environmental impact as a result of the proposed zone changes; that the proposed zone changes are justifiable in terms of public convenience, general welfare and good zoning practice and are necessary to bring the existing zoning consistent with the existing land use designations contained on a Land Use Plan Map of the Moorpark General Plan. The motion carried by unanimous voice vote. Ms. Kane read the ordinance title. MOTION: Councilmember Wozniak moved and Councilmember Talley seconded a motion to read the ordinance title only. MOTION: Councilmember Wozniak moved and Councilmember Talley seconded a motion to waive further reading and declare Ordinance 155 introduced and read for the first time. The motion carried by unanimous voice vote. 10. COMMENTS FROM COUNCIL MEMBERS: Councilmember Montgomery stated that there was a $54,000 increase in sales tax revenue for the first quarter of fiscal year 92/93. Minutes of the City Council Moorpark, California Page 11 October 21, 1992 11. ACTION /DISCUSSION ITEMS: A. Consider Approval of Joint Letter with the City of Simi Valley regarding Solid Waste Facilities in the West County. Staff Recommendation: Approve the joint letter with the City of Simi Valley regarding solid waste facilities in the West County. Councilmember Montgomery indicated that he was working with Lin Koester, Judy Mikels, and Bill Davis of the City of Simi Valley. He said they were in agreement with the City's position on this matter and would help in drafting the letter. Councilmember Montgomery recommended continuing this item to the next regularly scheduled City Council meeting of November 4, 1992. In response to Councilmember Wozniak, Councilmember Montgomery indicated that it was worth the extra time to allow Thousand Oaks to join with the Cities of Moorpark and Simi Valley in sending the letter. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to continue this matter to the next regularly scheduled meeting of November 4, 1992. The motion carried by unanimous voice vote. B. Consider Local Agency Formation Commission ( LAFCO) Sphere of Influence Amendment Policy. Staff Recommendation: Direct staff to prepare a letter for the Mayor's signature which addresses the City's position regarding any sphere of influence amendment policies. Mr. Aguilera gave the staff report. Councilmember Montgomery indicated that he would be attending the LAFCO meeting. Mayor Lawrason also indicated he would attend the LAFCO meeting and that he believed LAFCO was trying to expand their authority beyond what was intended. He indicated that the matter would be discussed at the Association of Ventura County Cities meeting next week. Minutes of the City Council Moorpark, California Page 12 October 21, 1992 MOTION: Councilmember Perez moved and Councilmember Talley seconded a motion to direct the Mayor to sign a letter addressing the City's position regarding LAFCO's sphere of influence amendment policies. The motion carried by unanimous voice vote. C. Consider Actions taken by the State of California Regarding the City of Moorpark Budget. Staff Recommendation: Authorize Staff to proceed with the 92/93 budget as adopted July 1, 1992. Mr. Hare gave the staff report. Councilmember Perez said he hoped staff would follow up with the recommendations made by the employees relative to cost saving measures. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to approve the use of undesignated Gann Funds as follows: 1) Arroyo Vista Community Park - $200,000, 2) Youth Services (3rd year) - $25,000; 3) Senior Citizen Coordinator for fiscal year 92/93 - $20,000; 4) Senior Citizen Coordinator for fiscal year 93/94 - $22,000; 5) Economic Development Coordinator - $30,000; 6) North Meadows Park Play Equipment - $5,000; 7) Police Services (future years) - $80,000; 8) that the staff investigate the current needs of the Alzheimer's and AIDS programs and that $2,500 be allocated to those programs as needed; 9) Undesignated - $54.00; previously designated Gann Funds for this fiscal year include the following: 1) Charles Street improvements - $30,000; 2) other street improvements - $96,303; 3) Arroyo Vista Park - $100,000; 4) paramedics - $75,000; 5) Youth Services ($20,000 fiscal year 93/94) _ $40,000; 6) Disaster Services - $35,000; 7) Emergency Generator - $23,000; restrictions placed on the fiscal year 92/93 budget to be removed. The motion carried by unanimous roll call vote. D. Consider Resolution No. 92 -889 for Real Estate Agents /Brokers to Refrain from Marketing Multi- Family Use of Single Family Dwellings. Staff Recommendation: Adopt Resolution No. 92 -889. Emily Irelan, 484 E. Los Angeles Avenue, #116, spoke as Office Manager of the Bob Ely Realty office in Moorpark. She raised questions regarding the proposed resolution. She requested the City Council reconsider the adoption of this resolution. Minutes of the City Council Moorpark, California Page 13 October 21, 1992 In response to Ms. Irelan, Councilmember Montgomery explained that a resolution does not have the force of law, but is stating a policy and in this instance asking for cooperation. Gerry Goldstein, 11932 Los Angeles Avenue, spoke in opposition to the resolution. Ron Golden, 484 Esther Avenue, thanked the Council for putting this item on the agenda. He urged the adoption of the resolution with some changes and additions to the text of the resolution. In response to Councilmember Perez, Councilmember Montgomery suggested removing the paragraph containing the words "zealous pursuit ". Mayor Lawrason concurred that the above deletion was necessary to make the resolution acceptable to him. Councilmember Montgomery suggested the following revisions to the resolution to be placed after the last paragraph following "for multi - family use ": Request real estate agents and brokers to refrain from marketing multi - family use of single - family dwellings; and Encourage real estate agents and brokers to provide all purchasers with pertinent information regarding allowable zoning and land use constraints. In addition, he said the word "should" should be deleted from the last paragraph on the first page of the resolution following "real estate agents ". Councilmember Perez indicated that the resolution was poorly directed and that he would not support it. He said he felt the real estate agents and brokers in town were reputable. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to adopt resolution 92 -889 as amended by Councilmember Montgomery above. The motion carried by voice vote 4 -1, Councilmember Perez dissenting. Minutes of the City Council Moorpark, California Page 14 October 21, 1992 12. ORDINANCES: None. 13. FUTURE AGENDA ITEMS: Councilmember Montgomery requested that a discussion of the fireplace issue be placed on the agenda. 14. CLOSED SESSION: MOTION: Councilmember Montgomery moved and Councilmember Talley 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 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. Fidelety Corporation. K. Litigation concerning City of Thousand Oaks, et al, vs. County of Ventura. Minutes of the City Council Moorpark, California Page 15 October 21, 1992 L. Negotiations for Real Property on the South Side of Los Angeles Avenue West of the Freeway overpass (La Falda) pursuant to Government Code Section 54956.8. M. Litigation concerning City of Moorpark vs. Foster Enterprises. N. Litigation concerning City of Moorpark vs. S &K Ranch, Inc. The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 10:40 p.m. Council reconvened into Closed Session at 10:59 p.m. Present in Closed Session were all Councilmembers, Mr. Kueny, City Manager; Ms. Kane, City Attorney; and Richard Hare, Deputy City Manager. The meeting reconvened into Open Session at 12:15 a.m. Mr. Kueny stated there was no action to report out of Closed Session and only items 14.A., 14.B., 14.E., 14.H., 14.M., and 14.N. had been discussed. 15. ADJOURNMENT: MOTION: Councilmember Talley moved and Councilmember Wozniak seconded a motion to adjourn the meeting to Wednesday, October 28, 1992 at 7 p.m. The motion carried by unanimous voice vote. The time was 12/;-15 a.m. i 4 Paul W. Lawrason Jr., , ayor ATTEST: Lillian E. Hare, City Clexk--