Loading...
HomeMy WebLinkAboutMIN 1992 1202 CC REGMINUTES OF THE CITY COUNCIL Moorpark Community Center December 2, 1992 A Regular Meeting of the City Council of the City of Moorpark was held on December 2, 1992 in the Council Chambers at 799 Moorpark Avenue, Moorpark, CA. 1. CALL TO ORDER: Mayor Lawrason called the meeting to order at 7:15 p.m. 2. PLEDGE OF ALLEGIANCE: Mabel Lawrason 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; Paul Porter, Senior Planner; Lillian Hare, City Clerk; Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Sheriff Cadet Juan Ponce, newly assigned to Moorpark, was introduced by Mayor Lawrason. Sheriff Cadet Eric Sonstegard was not present. B. Mayor Lawrason read the proclamation to recognize December as National Drunk and Drugged Driving Prevention Month. C. Sukhi Dhillon, Stephanie Fleming, Diane Huffman, Winnie Kwan, Danny Lorenzen, Manuel Ramirez, Quasim Riaz, Suzanne Schimmer were present and were congratulated by the Council for their achievements at the 1992 Academic Decathlon. D. Mayor Lawrason presented Lillian Hare with a Certificate of Recognition for her completion of the requirements for the Certified Municipal Clerk's designation. E. Approval of Resolution No. 92 -898 - A proposed resolution reciting the facts of the General Municipal Election held on November 3. 1992, and declaring the results and such other matters as required by law. Staff Recommendation: Approve the proposed Resolution No. 92 -898. Minutes of the City Council Moorpark, California Page 2 December 2, 1992 MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve Resolution No. 92 -898 reciting the facts of the General Municipal Election held on November 3, 1992 and declaring the results as follows: Paul W. Lawrason Jr. was elected as Mayor of the City Council for a full two -year term; Scott Montgomery and Patrick Hunter were elected as Members of the City Council for four -year terms; Bernardo Perez was elected as a Member of the City Council for a two -year term. The motion carried by unanimous voice vote. F. Mayor Lawrason presented a plaque to Roy E. Talley, Jr. The Council individually congratulated Mr. Talley on his achievements during his tenure on the Council. G. Ms. Hare administered the Oath of Office to Paul W. Lawrason Jr. H. Mayor Lawrason took his seat on the dais. I. Ms. Hare administered the Oath of Office to Scott Montgomery and Patrick Hunter, respectively. J. Councilmembers Montgomery and Hunter took their seats on the dais. K. Ms. Hare administered the Oath of Office to Bernardo M. Perez. L. Councilmember Perez took his seat on the dais. M. Comments were heard from the Mayor and all Councilmembers. N. After discussion by the Council, Mayor Lawrason nominated Scott Montgomery as Mayor Pro Tem. CONSENSUS: By Consensus, the Council concurred with the nomination and selection of Councilmember Montgomery as Mayor Pro Tem. AT THIS POINT in the meeting, a recess was declared. The time was 8:10 p.m. The meeting reconvened into Open Session at 8:25 p.m. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to go into Closed Session under Item 14.B., Potential litigation pursuant to Government Code Section 54956.9(b)(1). The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 3 5. 21 December 2, 1992 Present in Closed Session were all Councilmembers, Mr. Kueny, City Manager; Ms. Kane, City Attorney; Richard Hare, Deputy City Manager; and Jim Aguilera, Director of Community Development. The meeting reconvened into Open Session at 9:25 p.m. Mr. Kueny stated there was no action to report out of Closed Session and that only item 14.B. had been discussed. REORDERING OF AND ADDITIONS TO THE AGENDA: None. PUBLIC COMMENT: Barbara Shultz, 116 Sierra Avenue, spoke regarding damage to her home which has occurred since the grading began in October for the Mission Bell Plaza project. She said she has respiratory problems and the dirt from the grading is causing her personal discomfort. She also indicated that the bulldozers are operating as early as 6 a.m. on Sunday mornings and she would like to have this activity stopped. Mela Cano, 148 Sierra Avenue, also said there are violations occurring with the construction of the Mission Bell Plaza. She said the situation needs to be monitored. In response to Ms. Shultz and Ms. Cano, Lt. Dean said these women should feel free to contact the Sheriff's Department if the bulldozers are operating when they are not supposed to be. Connie Lawrason, 4291 Ambermeadow, spoke on behalf of the United Way Campaign. David Harris and Vicki Perez accompanied Mrs. Lawrason in her presentation. Gerald Goldstein, 11932 Los Angeles Avenue, spoke regarding water and public safety issues. 7. COMMITTEE REPORTS: Councilmember Montgomery reported on the last Waste Commission meeting. He indicated a box item would be provided to the Council as a report on this meeting. Mayor Lawrason reported on the last Ventura Council of Government meeting held on November 19. He said Thousand Oaks Councilmember Frank Schillo was appointed as chair and Board of Supervisors Member Maggie Kildee as the vice chair. Minutes of the City Council Moorpark, California Page 4 8. December 2, 1992 Mayor Lawrason explained the new pamphlet, "Welcome to Your City Council Meeting ", which would be available in the foyer for attendees at the meeting. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to pull items B.E., 8.F., and 8.1. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Warrant Register FY 1992/93 Manual Warrants 18808, 18809, 18913- 18916, 18919, 18920, 18912 $ 2,322.39 Regular Warrants 18921 -19009 $110,731.63 B. 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: Continue this item to December 16, 1992 meeting. (Continued Item 8.K. from 10/21/92; Item 8.C. from 11/4/92; Item 8.C. from 11/18/92) C. Consider Request from Gerald Bridaeman Concernina LDM 90 -7. Staff Recommendation: Continue this item to December 16, 1992 meeting. (Continued Item 11.A. from 11/18/92) D. Consider RPD 89 -3 (Carlsberg) Bond Exoneration Carlsberg Financial Corporation (Bond #SCR 709- 72 -17). Staff Recommendation: 1. Accept street and drainage improvements; 2. Authorize City Clerk to reduce the performance and payment bond to $31,650 for the one year guarantee period; this bond will automatically be exonerated on December 1, 1993. G. Consider Addendums to Contract Between City and Impact Sciences and City and Carlsberg for Amendments to the Carlsberg Specific Plan and Preparation of Supplemental Environmental Impact Report. Staff Recommendation: Authorize Addendums to the existing contracts between the City and Impact Sciences, and City and Carlsberg. Minutes of the City Council Moorpark, California Page 5 December 2, 1992 H. Consider Moorpark Operating Procedure No. 8 Concerning City Council Committees. Staff Recommendation: Approve Moorpark Operating Procedure No. 8. The following items were pulled from the Consent Calendar for individual consideration. E. Consider Program Recommendations from Parks and Recreation Commission for City's 10th Anniversary. Staff Recommendation: Accept the Parks and Recreation Commission recommendation to approve proposed program elements and designate Councilmember John Wozniak to continue to represent the City Council on the 10th Anniversary Planning Committee. Mayor Lawrason indicated he pulled this item for individual consideration so the public could be aware of the importance and planning that was attached to the City's 10th anniversary celebration. Councilmember Wozniak reported that the list was extensive and the committee was able to determine items that would work very well for the celebration given a financially conservative approach. He also said this list is not "cast in stone" and that input from the community was welcome. He said Councilmember Montgomery's idea regarding an exhibition basketball game was a good idea. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to accept the Parks and Recreation Commission recommendation to approve proposed program elements and to designate Councilmember Wozniak to continue to represent the Council on the 10th Anniversary Planning Committee. The motion carried by unanimous voice vote. F. Consider Purchase of a 3/4 Ton Truck and Service Body for Public Works. Staff Recommendation: 1) Authorize staff to purchase said vehicle from Prestige Ford, Inc. for the amount of $17,877.88 and 2) approve a ten percent (10 %) contingency and authorize the City Manager to sign the contract and necessary documents to purchase the vehicle. Councilmember Perez asked staff if consideration had been given to purchasing an alternate fuel vehicle. In response to Councilmember Perez, Mr. Gilbert replied that alternative fuel had not been considered, but could be in the future and that the cost would be at least a couple of thousand dollars higher. Minutes of the City Council Moorpark, California Page 6 go December 2, 1992 Councilmember Montgomery stated he would like this item to be continued until the next council meeting so that the Council might receive a cost benefit analysis regarding this purchase. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to continue this item to the next City Council meeting. The motion carried by unanimous voice vote. I. Consider Report on Overcrowding Related Issues. Staff Recommendation: Receive and file the report. In response to Councilmember Wozniak, Mr. Aguilera said a discussion of this item will be on the next regularly scheduled City Council meeting of December 16. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to receive and file the report. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the Council considered reorganization of the agenda. CONSENSUS: By consensus, the Council determined to consider items 9.A., 10.A., 11.A., 11.B., 11.C., 11.D., 11.G. and 12.A., 12.B. and 12.C. and to continue the other items to December 9, 1992. PUBLIC HEARINGS: A. Consider Revisions to the City's Zoning Ordinance. Staff Recommendation: Review the proposed changes and advise staff of any additional changes to the zoning ordinance. Mr. Aguilera gave the staff report. Mayor Lawrason opened the public hearing. Anthony Annotti, 5212 Kazuko Court, spoke regarding the part of the zoning ordinance which addresses industrial buildings being built adjacent to residential property. He protested having to go through the entire conditional use permit process to apply for a use that has been previously approved by the Council. He requested that the Council reconsider this portion of the zoning ordinance. In response to Councilmember Montgomery, Mr. Aguilera said the ordinance would require a new CUP for all new uses even if they have previously been approved. He indicated this would apply to all buildings adjacent to residential areas. Minutes of the City Council Moorpark, California Page 7 December 2, 1992 Councilmember Montgomery indicated his concern with the regulation as presented by Mr. Aguilera. Councilmember Montgomery commented that regarding political signs the requirement of Item 8. on page 2, which states "addition to Article X requiring that the location of political signs be shown on a map and submitted as part of the application and that it is illegal to place them on top of, or on another sign" would be very difficult if not impossible to enforce. He suggested that it be deleted. Councilmember Wozniak concurred with Councilmember Montgomery. Ms. Kane said a property owner has the right to put up a political sign should they so desire. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to continue this item to the City Council meeting of December 16, 1992. The motion carried by unanimous voice vote. 10. COMMENTS FROM COUNCILMEMBERS A. Consider Citizen Appointments to Ad Hoc Measure F Committee. This item was continued to December 9, 1992. B. Consider Citizen Appointments to the Senior Citizens Advisory Committee. This item was continued to December 9, 1992. C. Consider Council Committee Appointments. MOTION: By consensus, the Council approved the following standing committee assignments and alternates: Budget and Finance: Public Works, Facilities and Solid Waste: Community Development: Transportation /Streets: Economic Development/ Affordable Housing: Lawrason /Montgomery - Perez, Alternate Montgomery /Wozniak - Hunter, Alternate Lawrason /Perez - Wozniak, Alternate Wozniak /Hunter - Montgomery, Alternate Perez /Hunter - Lawrason, Alternate Minutes of the City Council Moorpark, California Page 8 11. ACTION /DISCUSSION ITEMS: December 2, 1992 A. Consideration of Conditional Certificate of Compliance No. 92 -1 (McQueen). Staff Recommendation: Direct staff as deemed appropriate. Mark McQueen addressed the Council regarding his conditional Certificate of Compliance. He related that there was an error in the original map and the new map also had an error made by his engineer. He said he had a deadline of December 10 and he requested an extension by the Council so his surveyor could rectify the error. Mr. Lovett said the map does not have closure, which was the error Mr. McQueen was reporting. He said the next step after the error is corrected would be to record the map. Mr. Kueny indicated the December 10th deadline had been given to Mr. McQueen by the court and not the City. Mr. McQueen confirmed that the December 10th date was a court ordered deadline. After Council and staff discussion, it was determined that Mr. McQueen would not be required to obtain a zoning clearance nor surety prior to recordation and that his best course of action was to try and correct the error in the map and record it prior to December 10th, if possible. Councilmember Montgomery said that following the map recordation Mr. McQueen could still come to the Council and request or seek an elimination of the condition regarding the improvement of Wicks Road. B. Consider Fireplace Inspections - Request for Bids. Staff Recommendation: Direct staff as deemed appropriate. Mr. Aguilera gave the staff report. Susan Elias, 13660 Shady Knoll Court, spoke as a homeowner in the North View tract. She said she expected to see a report regarding the meeting between City staff and Pardee representatives, but none has been provided. She said the City must do something to correct the problem that Pardee's chosen contractor to fix the fireplaces may not be the best company to do the work due to their alliance with Pardee. Dale Feb, 448 Sundance Street, Thousand Oaks, spoke as a representative of D -Way Fireplace Inspection Service. He Minutes of the City Council Moorpark, California Page 9 December 2, 1992 stated that he has cited code violations in the fireplaces he has inspected and that the code is very clear and must be enforced. Debra Ulis -Judd, 4047 N. Cedarpine Lane, spoke as a resident of the North View tract. She said she contracted with an independent contractor, Fiddler on the Roof, to inspect her chimney and he said it should be torn out and installed with a properly working unit. She has not had any response from Pardee Construction as a result of her complaints and she is fearful that installations are being signed off by the City Building Inspector without the proper inspections being conducted. Councilmember Wozniak stated that the inspector from the Building and Safety Department should carry a copy of the Building Code with them to alleviate having to return to the office to do the research involved with the inspections. In response to Councilmember Wozniak, Mr. Abbott confirmed that no final approval on any fireplace inspections had been given by the City. Councilmember Montgomery asked who is pulling the permits to perform the inspections on the fireplaces. Mr. Lovett responded that Fireplace Systems has been pulling the permits as a subcontractor. He indicated it is not uncommon for a subcontractor to pull the permits instead of the general contractor. Mr. Abbott expanded on this by indicating that subcontractors do pull permits for the major job and also perform the incidental work such as stuccoing and electrical in addition to the work for which they are specifically licensed. Councilmember Montgomery said he was under the impression that Pardee Construction was pulling the permits and that they have led everyone to believe they are. Mr. Aguilera stated that some cities do not allow subcontractors to pull the permit, but require the general contractors to do so. Councilmember Montgomery agreed that it sounds like a good idea to do that. In response to Councilmember Montgomery, Ms. Kane said Pardee probably feels it is more expeditious to allow the Minutes of the City Council Moorpark, California Page 10 December 2, 1992 subcontractors to pull the permits and remove Pardee Construction as the "middleman" in this instance. Councilmember Montgomery said it would be much better for Pardee to be pulling the permits and not continue the practice of letting the subcontractor do it. Mayor Lawrason acknowledged the problem with the Pardee fireplaces, but indicated that the City could not and should not be liable in this matter; that it might be more appropriately settled between Pardee and the homeowners, with facilitation by the City. In response to Councilmember Perez, Mr. Aguilera explained that a large portion of the fireplaces are inaccessible. He said an attempt has been made by staff to have language that if the areas are not available for inspection they should be identified. Councilmember Perez indicated he would support this item in concept, but that he had some reservations regarding liability. Councilmember Hunter indicated that the City should go forward with the caveat that this is a first step and that the next step of action must be evaluated carefully. Councilmember Perez indicated that in some cases there may be more than one fireplace per unit which needs to be inspected. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to approve the issuance of a request for bids to conduct fireplace inspections: bids to be received by January 15; bid award to be made in February if so determined by the Council. The motion carried by unanimous voice vote. C. Consider Approval of the Final Design for Phase I Park Improvements and the Plans and Specifications for the Initial Construction of Landscaping Improvements at Arroyo Vista Community Park. Staff Recommendation: 1) Approve the Final Design for Phase I Improvements; and 2) Approve the plans and specifications for the scope of initial construction. Mr. Gilbert deferred the staff report. Mr. Kueny indicated that in the discussion on page 2 with the optional deletion of the 90 -day maintenance period there should be an insertion of a 30 -day maintenance period. Minutes of the City Council Moorpark, California Page 11 December 2, 1992 MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to approve the final design for Phase I improvements and approve the plans and specifications for the scope of initial construction as amended by the City Manager above. The motion carried by unanimous voice vote. D. Consider Award of Contract for the Construction of the Community Building and Gymnasium at Arroyo Vista Community Park. Staff Recommendations: 1) Approve the list of Add /Deduct Alternates recommended by the Public Works/ Facilities Committee; 2) Award a contract for the subject construction; 3) Approve a ten per cent contingency for the project; and, 4) authorize the Mayor to sign necessary contract documents. Mr. Gilbert gave the staff report. Councilmember Montgomery reviewed the committee's recommendation to reject all bids and to readvertise. He said the scope of work had been reviewed and small changes made for the readvertisement. MOTION: Mayor Lawrason moved and Councilmember Perez seconded a motion to approve the staff and the Public Works /Facilities Committee recommendation that the City Council reject all bids and direct staff to readvertise the project with the revised scope of work as indicated in the staff report dated November 30, 1992. The motion carried by unanimous voice vote. E. Home Occupation Permits. Staff Recommendation: That the City Council make the appropriate changes to Section 5.88 of the Municipal Code. This item was continued to December 9, 1992. F. Consider Scheduling of Town Hall Meetings. Staff Recommendation: Direct staff as deemed appropriate. This item was continued to December 9, 1992. G. Consider Application to LAFCO for Sphere of Influence Amendment and Letter to LAFCO Offering to Make Presentation on City's General Plan. Staff Recommendation: Direct staff as deemed appropriate. CONSENSUS: By consensus, because of the lateness of the hour, the Minutes of the City Council Moorpark, California Page 12 December 2, 1992 Council determined to continue Item 11.G. to December 9, 1992. 12. ORDINANCES: A. Consider Second Reading and Adoption of Ordinance No. 156 - Amending Moorpark Municipal Code by Revising Article I of Chapter 3.36 relative to a Fire Protection Facilities Fee to be Imposed on New Development. Ms. Kane read the ordinance title. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to read the ordinance title only. The motion carried by unanimous voice vote. In response to Councilmember Perez, staff confirmed that this is not a new fee. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to waive further reading and declare Ordinance No. 156 read for the second time and adopted. The motion carried by unanimous voice vote. B. Consider Second Reading and Adoption of the City's Noise Ordinance No. 157 - Adding Chapter 9 (9.28) to the Moorpark Municipal Code Regulating Noise Emitted in a Residential Zone. Ms. Kane read the ordinance title. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to read the ordinance title only. The motion carried by unanimous voice vote. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to waive further reading and declare Ordinance No. 157 read for the second time and adopted. The motion carried by unanimous voice vote. C. Consider An Ordinance Amending Ordinance 134 and Extending the Date of Completion for the Rebuild of the Cable Television System Serving the City Owned and Operated by the Chronicle Publishing Company Serving the City of Moorpark. Mr. Hare requested that this item be continued to the regular City Council meeting of December 16, 1992. Minutes of the City Council Moorpark, California Page 13 December 2, 1992 MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to continue this item to the regular City Council meeting of December 16. The motion carried by unanimous voice vote. 13. FUTURE AGENDA ITEMS: None. 14. CLOSED SESSION: MOTION: Councilmember Montgomery moved and Mayor Lawrason seconded a motion to adjourn to Closed Session for a discussion of all items listed on the agenda. A. Personnel. B. Potential litigation pursuant to Government Code Section 54956.9 (b) (1) . C. Potential litigation pursuant to Government Code Section 54956.9(c). D. Litigation concerning Ventura County Community College District Case No. 107569 vs. City of Moorpark. E. Negotiations for Real Property at 280 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54956.8. F. Litigation concerning Conejo Freeway Properties, LTD. vs. City of Moorpark. G. Litigation concerning City of Moorpark vs. Southern California Edison, et al. H. Litigation concerning Moorpark vs. Fedelety Corporation. I. Litigation concerning City of Moorpark vs. Foster Enterprises. J. Litigation concerning City of Moorpark vs. S &K Ranch, Inc. K. Litigation concerning Moorpark vs. CalTrans (Case No. 123655) Minutes of the City Council Moorpark, California Page 14 December 2, 1992 L. Litigation concerning Villa del Arroyo vs. City of Moorpark (Case No. 105170) The motion carried by voice vote 4 -1, Councilmember Wozniak dissenting. AT THIS POINT in the meeting a recess was declared. The time was 1:10 a.m. The Council reconvened into Closed Session at 1:15 a.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 1:32 a.m. Mr. Kueny stated there was no action to report out of Closed Session and only items 14.B., 14.D. and 14.I. 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 time was 1:32 a.m. 04, wvz -1-A Paul W. Lawrason Jr. Mayor ATTEST: L llian E. Hare, City C