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HomeMy WebLinkAboutMIN 1993 0721 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California July 21, 1993 A Regular Meeting of the City Council of the City of Moorpark was held on July 21, 1993 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 7:10 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by David Graham. 3. ROLL CALL: Present: Councilmembers Montgomery, Perez, Wozniak and Mayor Lawrason. Absent: Councilmember Hunter. Staff Present: Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Jim Aguilera, Director of Community Development; Ken Gilbert, Public Works Director; Cheryl Kane, City Attorney; Mary Lindley, Assistant to the City Manager; Kathleen Mallory- Phipps; Charles Abbott, City Engineer; Dirk Lovett, Assistant City Engineer; Sgt. Marty Rouse, Sheriff's Department; Don Reynolds, Administrative Services Manager; and Dorothy Vandaveer, Deputy City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Introduction of Maintenance Worker, Tony Pierce. Mayor Lawrason introduced Tony Pierce. B. Introduction of Economic/ Redevelopment Agency Manager, Steve Hayes. Mayor Lawrason introduced Steve Hayes. C. Presentation of Ventura County Fair Poster by Charles Schwabauer, from the 31st Agricultural District. Mr. Schwabauer presented the 1993 Ventura County Fair Poster. Minutes of the City Council Moorpark, California 2 July 21, 1993 D. Presentation of a copy of 10th Anniversary Ceremony Video Tape to David Graham and Congratulations to Honor His 10th Birthday of July 1, 1993. Mayor Lawrason presented a copy of the 10th Anniversary Ceremony Video to David Graham. E. Awards of Appreciation for Community Volunteers - Nellie Montano, Linda Martinez, Pete Peters, Ken Loe. Linda Martinez accepted the award from Mayor Lawrason for her efforts in expanding the Moorpark High School Library. Mayor Lawrason recognized Pete Peters for his service in connection with the Handicapped Equestrian Learning Program. Ken Loe and Nellie Montano were unable to be present to accept their awards for service to the community. Mayor Lawrason said certificates would be mailed to them. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to: 1) consider Item ll.A.,, as the last Action/ Discussion item; 2) consider Item 12.A. as an Action /Discussion item rather than under Ordinances; 3) Add Closed Session item, Real Property Negotiation at 675 Moorpark Avenue, need having arisen for action since the posting of the agenda; 4) add Closed Session item, City of Moorpark vs. Foster Enterprises, need having arisen for action since the posting of the agenda; 5) add as Item ll.G., Consider Approval of the 1993 National Small Business Tree Planting Program Grant, the need for action having arisen after the posting of the agenda. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. 6. PUBLIC COMMENT: Connie Lawrason, 4291 Ambermeadow, requested that the Council consider continuing Item 12.A. the Historic Preservation Ordinance. Sameerah Mateen, 120 So. Spring Street., Los Angeles, said she was present from Caltrans to discuss the Carlsberg project. Minutes of the City Council Moorpark, California 3 July 21, 1993 In response to Ms. Mateen, Mr. Aguilera said the matter would be continued to the Planning Commission meeting of August 2. Barbara Shultz, 116 Sierra Avenue, spoke regarding the construction conditions behind her home. She expressed concern regarding an open manhole and trench. She complained that dirt is being pushed against her fence. Sylvia Whitaker, 461 Cornett, indicated that there should be marked pedestrian crossings from the parking lot to the Community Center buildings. Eloise Brown, 13193 Annette Street, advised the City to exercise caution in exonerating the bonds for Science Drive and accepting the work as complete. Tom Thompson, 12623 Hillside Drive, requested more information regarding the historic preservation ordinance. Staff was requested to provide a copy of the ordinance to Mr. Thompson. Dr. Gregory Mitchell, 217 W. Los Angeles Avenue, presented the City with a cake in celebration of the City's 10th Anniversary and in support of the passage of the Smoking Ordinance. 7. COMMITTEE REPORTS: Councilmember Montgomery reported on the Santa Monica Mountains Conservancy meeting and Waste Commission meeting he attended. He said the Council would receive a report on the Waste Commission meeting and discussion of exporting solid waste from one wasteshed to another would be placed on the next agenda. 8. CONSENT CALENDAR: MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to pull items 8.C., 8.D., and 8.G. and to adopt the balance of the- Consent Calendar. The motion carried by roll call vote 4 -0, Councilmember Hunter absent for the vote. A. Warrant Register B. Consider Lot Line Adjustment 93 -2 (Lore Anderson). Staff Recommendation: Receive and file the report. Minutes of the City Council Moorpark, California 4 July 21, 1993 E. Consider Authorizing Transmittal of a Letter of Support to Caltrans for Proposed Improvements to Route 118 West of the City. Staff Recommendation: Authorize the Mayor to send a letter to Caltrans in support of the proposed Route 118 improvements. F. Consider Approval of the Final Map for TR 4773 (Abe Guny) Staff Recommendation: 1) Approve the final map for Tract 4773 accepting easement dedications; 2) Authorize the Mayor and City Clerk to sign the title sheets. The following items were pulled from the Consent Calendar for individual consideration: C. Consider Relocation of Truck Routes throuah the Cit Staff Recommendation: 1) Approve the proposed truck routes and related signs, 2) Direct staff to forward said proposed revised truck routes to Caltrans for approval, 3) Direct staff to prepare a resolution revising said truck routes, to be presented to the City Council upon receipt of Caltrans approval. Mayor Lawrason indicated that he pulled this item from the Consent Calendar so the public would be aware of this proposed future relocation of the Truck Routes through the City to conform to the realignment of State Route 118 following the opening of the Route 23/118 freeway connector. MOTION: Mayor Lawrason moved and Councilmember Wozniak seconded a motion to approve the proposed truck routes and related signs; to direct staff to forward said proposed revised truck routes to Caltrans for approval; to direct staff to prepare a resolution revising said truck routes, to be presented to the City Council upon receipt of Caltrans approval. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. D. Consider Approval of Certificate of Acceptance for an Easement Deed for Traffic Signal Maintenance at the Future Commercial Center Entry on the West Side of Tierra Rejada Road North of Mountain Trail Street. Staff Recommendation: Approve the Certificate of Acceptance and authorize the City Clerk to record the Easement Deed from Urban West Communities. In response to Councilmember Wozniak, Mr. Gilbert said that the signal's completion before school begins in the fall was being "worked" for. Minutes of the City Council Moorpark, California 5 July 21, 1993 Mr. Kueny said that any schedule for installation will be contingent upon receiving the necessary easement on the school property from Urban West, which had not yet been provided. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to approve the Certificate of Acceptance and authorize the City Clerk to record the Easement Deed from Urban West Communities when received. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. G. Consider Exoneration of Improvement Bonds for Science Drive and Peach Hill Road. Staff Recommendation: 1) Accept the improvements as partially complete; 2) Authorize the City Clerk to retain a performance bond in the amount of $46,566 and a labor and material bond in the amount of $23,283 for street improvements until such time that final cap, signing and striping are completed, 3) Authorize the City Clerk to reduce the original bonds to loo for a period of one year following City's acceptance of right -of -way and improvements. Mr. Lovett gave the staff report. Lloyd Laycook, 2800 28th Street, Santa Monica, spoke representing Carlsberg Financial, saying that the slough wall will be constructed and that Carlsberg will work with the School District. In response to Mr. Kueny, Mr. Laycook agreed that the wall should be constructed by the October 15 date proposed by the City Manager. MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to accept the improvements as complete, with the exception of the final cap, signing, striping and slough wall; to authorize the City Clerk to retain a performance bond until such time as the final cap, signing, striping and slough wall is completed and accepted; bonds to be immediately exonerated upon completion and City approval; to authorize the City Clerk to reduce the original bonds referenced in the staff report to 10% for the period of one year following City's acceptance of the right -of -way and improvements after review and approval by the City engineer; the total retention amount of the performance bond to be $86,759.20 and the slough walls to be completed by the developer by October 15, 1993. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. Minutes of the City Council Moorpark, California 6 July 21, 1993 9. PUBLIC HEARINGS: A. Consider Revisions to Section 8111 -8 of the City's Zoning Ordinance (Appeals). Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) Determine that the modifications to the City's Zoning Ordinance is categorically exempt pursuant to State CEQA Guidelines pursuant to Section 15061(b) (3) in that the proposed amendments to the Zoning Ordinance does not have the potential for causing a significant effect on the environment; 3) Introduce the Ordinance for first reading. Mr. Aguilera requested that this item be continued to August 4, 1993 so the City Attorney's changes can be incorporated. Mayor Lawrason opened the public hearing. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to continue this item to August 4, 1993, the public hearing to remain open. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. 10. COMMENTS FROM COUNCIL MEMBERS: A. Consider Action for Appointment of Regular Member to Local Agency Formation Commission (LAFCO). CONSENSUS: By consensus, the Council determined that Councilmember Perez should be the City's nomination to LAFCO. 11. ACTION /DISCUSSION ITEMS: B. Consider Authorization to Procure Street Furniture for High Street. Staff Recommendation: The Economic Development and Affordable Housing Committee and staff recommend that 1) the recycled plastic benches and seats from Environmental Specialty Products and the cast iron and Ipe wood planters and trash receptacles from White Associates be purchased in the quantities specified at a total cost not to exceed $20,000; 2) funding for this project come from the Moorpark Redevelopment Agency and that this matter be placed on the next available Agency agenda. Mr. Aguilera gave the staff report. Minutes of the City Council Moorpark, California 7 July 21, 1993 Joy Cummings, 650 Bard Street, said she is happy that progress is being made on this matter. She said the most significant item for brightening up High Street will be the 41 planters in the submitted plan. She said the Lion's head design is the prefered design. She also expressed concern that no liners for the planters were mentioned. Francis Okyere, President of the Moorpark Chamber of Commerce, commended the Council for their acton relative to the furniture for high street. He said he was concerned that the benches without additional lighting might be an attractive nuisance. Councilmember Wozniak said it is the intention of the Public Works, Facilities and Solid Waste Committee to have an agenda item to address downtown street lighting in August. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion that the recycled plastic benches and seats from Environmental Specialty Products, and the cast iron and Ipe wood planters and trash receptacles from White Associates be purchased in the amounts specified in the report dated July 12, 1993 at a total cost not to exceed $20,000; funding to be considered by the Redevelopment Agency on the next available Agency agenda. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. C. Consider Approval of Phase I Water Well Rehabilitation Program for Arroyo Vista Community Park. Staff Recommendation: The Public Works, Facilities and Solid Waste Committee and staff recommend that the City Council authorize staff to proceed with the Phase 1A water well investigation. Mr. Gilbert gave the staff report. Councilmember Montgomery• said that the City should proceed to determine the cost to rehabilitate the well and bring that information back to the full Council. He said any expenditure will be out of the contingency for the park so no new appropriation would be needed. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to approve the recommendation that staff be authorized to proceed with the Phase la water well investigation; the preliminary investigation and analysis cost estimated to be $2,500 to be funded from the park construciton Minutes of the City Council Moorpark, California 8 July 21, 1993 cost contingency previously approved by the Council. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. D. Consider Appointment of New City Building Official. Staff Recommendation: Concur with Abbott and Associates on the appointment of Claude Stewart as the City of Moorpark Building Official. Mr. Aguilera gave the staff report. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to concur with the appointment of Claude Stewart as the City of Moorpark Building Official. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. E. Consider Selection of Two Moorpark Senior Citizens to Serve on 37th Assembly Senior Citizens Advisory Committee. Staff Recommendation: Direct Moorpark Senior Advisory Committee to select one or two members from the committee to serve on the 37th Assembly District Senior Advisory Committee. Ms. Adams gave the staff report. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to direct the Moorpark Senior Advisory Committee to select two members from the committee to serve on the 37th Assembly District Senior Advisory Committee. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. F. Consider the Historic Preservation Ordinance No. to be Codified as Chapter 14.04 of the Moorpark Municipal Code, Entitled Historic Preservation. Staff Recommendation: 1) Approve the Financial Incentive Resolution to encourage the preservation of historic resources within the City; 2) Introduce Ordinance No. for first reading. (MOVED FROM THE ORDINANCE SECTION OF THE AGENDA FOR CONSIDERATION AS AN ACTION /DISCUSSION ITEM.) Ms. Kane read the ordinance title. Councilmember Wozniak said he believed this document had substantive changes since the Planning Commission sent it forward to the Council. He recommended continuation of this item. Minutes of the City Council Moorpark, California 9 July 21, 1993 MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to continue this matter to August 4, 1993. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. G. Consider Approval of the 1993 National Small Business Tree Planting Program Grant. Staff Recommendation: Accept grant award and authorize City Manager to execute necessary grant documents. CONSENSUS: By consensus, the Council determined to accept new material on this matter. Mr. Kueny gave the staff recommendtion and Mr. Gilbert provided additional detail, saying the program is a street tree program. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to accept the grant award and authorize the City Manager to execute the necessary grant documents with the caveat that irrigation for the trees would have to be considered. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. A. Consider Proposed 1993 /94 Objectives. Staff Recommendation: Direct staff as deemed appropriate. (Continued Item 11.L. from 6/16/93; Item 11.L. from 7/7/93; Item II.C. from 7/14/93) CONSENSUS: By consensus, the Council determined to continue this item to August 4, 1993. 12. ORDINANCES: A. Consider the Historic Preservation Ordinance No. to be Codified as Chapter 14.04 of the Moorpark Municipal Code Entitled Historic Preservation. Staff Recommendation: 1) Approve the Financial Incentive Resolution to encourage the preservation of historic resources within the City; 2) Introduce Ordinance No. for first reading. This item was considered under Action/ Discussion as item 11.F. 13. FUTURE AGENDA ITEMS: None. Minutes of the City Council Moorpark, California 10 14. CLOSED SESSION: July 21, 1993 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. Negotiations for Real Property on the South Side of High Street (Southern Pacific /VCTC) pursuant to Government Code Section 54956.8. 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 Moorpark vs. CalTrans (Case No. 123655) . I. Negotiations for Real Property - APN 504 -0- -030 -265 and 504 -0- 030 -267 (Buttercreek Park). J. Negotiation for Real Property at 675 Mooraprk Avenue. K. Litigation concerning Moorpark vs. Foster Enterprises The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. AT THIS POINT in the meeting a recess was declared. The time was 9:15 p.m. The meeting reconvened into Closed Session at 9:32 p.m. Present in Closed Session were all Councilmembers but Councilmember Hunter; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; and Cheryl Kane, City Attorney. Minutes of the City Council Moorpark, California 11 Ms. Kane left the Closed Session at 10:04 p.m. July 21, 1993 The meeting reconvened into Open Session at 10:16 p.m. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to reject the claim of Caroline Johnson and direct the City Clerk to so notify the claimant. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. Mr. Kueny stated there was no action to report out of Closed Session and only items 14.B., 14.C., 14.H., 14.I., 14.J., and 14.K. had been discussed. 15. ADJOURNMENT: MOTION:, councilmember Montgomery moved and Councilmember Wozniak seconded a motion to adjourn the meeting. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. The time was 10:16 p.m. Paul W. La rason Jr., U kayor ATTEST: