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HomeMy WebLinkAboutMIN 1992 1104 CC REG 7:13PMMINUTES 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 November 4, 1992 in the Council Chambers at 799 Moorpark Avenue, Moorpark, CA. 1. CALL TO ORDER: Mayor Lawrason called the meeting to order at 7:13 p.m. 2. PLEDGE OF ALLEGIANCE: Danny Lorenzen 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; Don Reynolds, Administrative Services Manager; Jill Rubin, Management Analyst; Lillian Hare, City Clerk; Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Presentation of DARE Jacket and Certificate of Recognition for Mark Goodman. The Certificate of Recognition was presented to Mark Goodman by Mayor Lawrason. The DARE jacket was presented to him by Senior Deputy Bill Bettis and Sergeant Marty Rouse of the Ventura County Sheriff's Department. B. Introduction of Carol Ghens, New Senior Center Coordinator, in the Community Services Department, Mayor Lawrason introduced Ms. Ghens. C. Introduction of Jim Granados, Administrative Aide in the City Manager's Department. Mayor Lawrason introduced Mr. Granados. Minutes of the City Council Moorpark, California Page 2 November 4, 1992 D. Introduction of Debbie Broussalian as the New Executive Secretary in the City Manager's Department. Mayor Lawrason introduced Mrs. Broussalian as the new Executive Secretary. E. Certificates of Recognition for Heather Webb, Tom Niday, and Danny Lorenzen as Moorpark High School Representatives to the National Young Leaders Conference. Mayor Lawrason presented the Certificate of Recognition to Danny Lorenzen. Heather Webb and Tom Niday were not present to receive their certificates. 5. REORDERING OF, AND ADDITIONS T0, THE AGENDA: None. 6. PUBLIC COMMENT: A. Connie Lawrason, 4291 Ambermeadow Street, suggested that the High Street businesses be allowed to have pushcarts on the MetroLink railroad platform to sell food and other items to commuters in the mornings and evenings. Mary Lindley stated that she believes this item will be considered at a future meeting of the Ventura County Transportation Commission. 7. COMMITTEE REPORTS: None. 8. CONSENT CALENDAR (Roll Call Vote): MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to pull item 8.M. 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 October 21, 1992 . Consider Approval of Minutes of the Special City Council Meeting of October 21, 1992. Minutes of the City Council Moorpark, California Page 3 November 4, 1992 Staff Recommendation: Approve the minutes as processed. B. Warrant Register FY 1992/93 Manual Warrants 18577 - 18579, 18693 -18707 $ 41,725.05 Regular Warrants 18708 -18801 $192,757.52 C. 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. (Continued Item 8.K. from 10/21/92) New Staff Recommendation: Continue to November 18, 1992. D. Consider (Tract 4792 - Urban West Multi - Family) Private Street Name Acceptance. Staff Recommendation: Approve the private street names. E. Consider City Manager Approved Contract with Prudential Overall Supply for New Work Shirts for Parks and Public Works Crews. Staff Recommendation: Receive and file the report. F. Consider Ratification of Citv Manager's Authorization to Expend $200 for Rental Assistance to a Moorpark Family from the Social Services Account. Staff Recommendation: Ratify City Manager's action and receive and file the report. G. Consider Disposition of the Canon 230 Facsimile (Fax Machine. Staff Recommendation: Declare fax machine surplus property, authorize the staff to solicit requests from social service and nonprofit agencies in the community for the fax machine and, in the absence of any request for the fax machine, allow it to be auctioned or sold. H. City Manager Approved Contract with A.G.I. Geotechnical Inc. for the Soils Testing Services during the Construction of Arroyo Vista Community Park. Staff Recommendation: Receive and file the report. Minutes of the City Council Moorpark, California Page 4 November 4, 1992 I. Consider Resolution No. 92 -891 Authorizing an Application for a Grant Under the Environmental Enhancement and Mitigation Program to Plant 2,400 Trees. Staff Recommendation: Adopt Resolution No. 92 -891 authorizing the Environmental and Mitigation Program application. J. Consider Approval of an Increase in the Contract Amount for the Sidewalk Replacement Project (Ouigley). Staff Recommendation: 1) Approve an increase in the contract amount to $44,107.25; 2) approve a project contingency of ten per cent (10 %). K. Consider Refund of Deposit and Exoneration of Bond for PD -1040 (Schleve). Staff Recommendation: Authorize return of remainder of deposit and exoneration of Bond No. 1045874. L. Consider Rejection of Claim for Estate of Paul William Kozera. Staff Recommendation: Reject the claim and authorize the City Clerk to notify claimant. N. City Manager Approved Contract: Temporary Refuse Collection Permits (E.J. Harrison Rubbish Control). Staff Recommendation: Receive and file the report. O. Consider Date for a Public Hearing to Consider Revision to Fire Protection District Facilities Fees. Staff Recommendation: Set date for public hearing on Fire Protection District Facilities Fees. P. Consider Authorizing City Attorney to Move to Dismiss Ferguson vs. Wall (Case No. 977897). Staff Recommendation: Authorize the City Attorney to move to have the case dismissed. Q. Consider Changing Code Enforcement Officer Uniforms. Staff Recommendation: Approve the Ad Hoc Uniform Committee's proposal with the change of pant color from dark gray to black. R. Consider Cablecasting of the Agenda. Staff Recommendation: Cablecast public hearing and discussion items only for three month trial period. Minutes of the City Council Moorpark, California Page 5 VE 10. November 4, 1992 The following item was pulled from the Consent Calendar for individual consideration. M. Consider Revisions to the Land Use Development Fees (Developer Fees) . Staff Recommendation: Pursuant to Government Code 66016 authorize staff to set a public meeting date of November 18, 1992. Councilmember Talley requested verification from staff that the staff report had been made available to the Building Industry Association and the Chamber of Commerce prior to the City Council meeting. Don Reynolds responded that it had been provided to them prior to the meeting. MOTION: Councilmember Talley Montgomery seconded a motion to public hearing date of November carried by unanimous voice vote. PUBLIC HEARINGS: None. COMMENTS FROM COUNCIL MEMBERS: moved and Councilmember authorize staff to set a 18, 1992. The motion Councilmember Wozniak reminded the citizens of the City - sponsored excursion to the Los Angeles Lakers' game to be held December 9th. Mayor Lawrason reported that he has commuted to Chatsworth several times on the MetroLink train and he finds it to be a positive way to travel to and from work and encouraged citizens to use it whenever possible. He complimented City staff for the grand opening events and the support that has been given for the entire effort. 11. ACTION /DISCUSSION ITEMS: A. Consider Approval of Joint Letter with the City of Simi Valley regarding Solid Waste Facilities in the West County. (Continued Item 11.A. from 10/31/92). Staff Recommendation: Approve the joint letter with the City of Simi Valley regarding solid waste facilities in the West County. Minutes of the City Council Moorpark, California Page 6 November 4, 1992 Councilmember Montgomery said that Councilmembers have been provided a copy of the draft letter, which has also been provided to the Cities of Simi Valley and Thousand Oaks. Councilmember Wozniak indicated his concerns that the tone of the letter should be much stronger than the version he received. Councilmember Montgomery cautioned that the letter should not be so strong the City of Thousand Oaks would be reticent to sign it as currently planned, but he will strive to make it as strong as is acceptable to the Cities of Thousand Oaks and Simi Valley. MOTION: Councilmember Perez moved and Councilmember Talley seconded a motion to direct Councilmember Montgomery to continue to work with the Cities of Thousand Oaks and Simi Valley on the draft letter to be sent to the Board of Supervisors regarding shared concerns related to Solid Waste Facilities; language to be subject to approval by Councilmember Montgomery and Mayor Lawrason. Mayor Lawrason is authorized to sign the letter when in final form. The motion carried by unanimous voice vote. B. Consider a Proposal to Address the Fireplace Safety Issue. Staff Recommendation: Direct staff as deemed appropriate. Jim Aguilera gave the staff report. In response to Councilmember Montgomery, Mr. Aguilera stated that Pardee Construction has requested permits to repair six of the 19 fireplaces regarding which complaints have been received. Mr. Aguilera clarified that Pardee Construction is waiting for homeowners to contact them to conduct an inspection of their fireplaces instead of planning to do so independently. Councilmember Wozniak said the type of chimney used in a development needs to be chosen for the conditions that exist in the surrounding area. The following speakers provided public comment for this item. A. Ruth Farabaugh, 13543 E. Cedarpine, requested that the Council have Dale Feb, from D -Way Fireplace Inspection Service, inspect each home Minutes of the City Council Moorpark, California Page 7 November 4, 1992 in the North View Tract. She said this is a safety issue and the City Council needs to help the residents get it resolved. B. Mary Cosgrove, 4126 Greenbush Lane, spoke as a resident of the North View tract. She expressed concern about burning gas logs in her fireplace as it may be emitting carbon monoxide into her home. She also requested the Council's help in solving the problem. C. Dale Feb, spoke as owner of D -Way Fireplace Inspection Service, 448 Sundance Street, Thousand Oaks. He said the homes in the North View tract need to be inspected by an unbiased inspector because there are code violations and safety hazards present. In response to Mayor Lawrason, Mr. Feb said he was speaking on behalf of the homeowners of the North View tract of homes. He said references of an inspector's references should be checked before they are asked to perform the work. He also indicated that even after the code violations are corrected there may be problems with the air flow up the chimneys due to fluctuations of air currents caused by the surrounding hillsides. D. Gary Gayda, 13485 Cedarpine, spoke as a homeowner in the North View tract. He said he has contacted the builder, Pardee Construction, several times without a response. He requested the City Council's help in resolving the problem. E. Susan Elias, 13660 Shady Knoll, spoke as a resident of the North View tract. She said Pardee Construction advised her that the problem with air flow in her fireplace chimney was due to the slopes behind her home. She said Dale Feb inspected her fireplace and identified five code violations. She requested that Dale Feb inspect each home at the expense of Pardee Construction. Minutes of the City Council Moorpark, California Page 8 November 4, 1992 F. Bob Zastrow, 4132 Greenbush Lane, said the manufacturer's recommendation for his firebox states that trees, roof lines, hill lines and other surrounding items may require a taller chimney than some of the houses are equipped with. G. Robin Lorenzen, 13507 Candlewood, spoke as a homeowner in North View and said the building code should be strictly adhered to for the installation and correction of the fireplaces. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to direct staff to construct a request for proposals for fireplace inspections for the Pardee North View tract fireplaces; the RFP to have an option to add the Steeple Hill tract; the Council Community Development Committee to meet with representatives from Pardee Corporate regarding this issue; staff to look at cost recovery provisions if City funds are expended; to be brought back to the full Council for further discussion. The motion carried by unanimous voice vote. C. Consider Setting Date for Community and Police Public Forum. Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny gave the staff report. Mayor Lawrason indicated that the primary impetus for putting this item on the agenda was an incident that recently happened in downtown Moorpark between residents and the Moorpark Police Department. He said it is time to have a public meeting to discuss some of the issues. Councilmember Wozniak indicated he has spoken with citizens in the community and they believe these meetings are worthwhile. He did caution the Council and the Sheriff's Department that frustrations may be vented at the first meeting and he wants a facilitator present to maintain a constructive atmosphere. Lieutenant Dean said the Sheriff's Department wants to reach out to the community and respond to their needs. He plans that a series of informal meetings can be scheduled beginning as early as January, 1993. He expressed concern that he may not be able to respond to specific questions regarding the recent incident Minutes of the City Council Moorpark, California Page 9 November 4, 1992 because the internal investigations will still be pending and adjudication will be taking place. CONSENSUS: By consensus, the Council determined to direct Lieutenant Dean to prepare a structured program outline for a series of informal public meetings to be held beginning as early as January, 1993. This program outline will be brought back to the full Council at a meeting in December. 12. ORDINANCES: A. Consider Second Reading of Ordinance No. 154 - 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. 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 voice vote 5 -0. MOTION: Councilmember Talley moved and Councilmember Wozniak seconded a motion to waive further reading and declare Ordinance No. 154 read for the second time and adopted. The motion carried by voice vote 5 -0. B. Consider Second Reading of Ordinance No. 155 for Zone Changes to Make Zoning Consistent with the Adopted Land Use Designations of the City's General Plan. 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 voice vote 5 -0. MOTION: Councilmember Talley moved and Councilmember Wozniak seconded a motion to waive further reading and declare Ordinance No. 155 read for the second time and adopted. The motion carried by voice vote 5 -0. Minutes of the City Council Moorpark, California Page 10 13. FUTURE AGENDA ITEMS: November 4, 1992 Councilmember Wozniak requested that a schedule for town hall meetings to deal with such issues as overcrowding, hillside ordinance, High Street improvement and other concerns be brought back to the City Council in January, 1993. Councilmember Montgomery stated that a future agenda item should be to review the City Council standing committees and consider possible reorganization of them. 14. CLOSED SESSION: MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to adjourn to Closed Session for a discussion of all items listed on the agenda. A. Personnel. B. Personnel pursuant to Government Code Section 54957.6. C. Potential litigation pursuant to Government Code Section 54956.9(b)(1). D. Potential litigation pursuant to Government Code Section 54956.9(c). E. Litigation concerning Ventura County Community College District 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 11 November 4, 1992 K. Litigation concerning City of Thousand Oaks, et al, vs. County of Ventura. 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 9:25 p.m. Council reconvened into Closed Session at 9:32 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 10:23 p.m. Mr. Kueny stated there was no action to report out of Closed Session and only items 14.G., 14.J., 14.M., and 14.N. had been discussed. 15. ADJOURNMENT: MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to adjourn the meeting. The motion carried by unanimous voice vote. The ti a was 10:23 p.m. ul W. Law son Jr., M or