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HomeMy WebLinkAboutMIN 1993 1013 CC ADJMINUTES OF THE CITY COUNCIL Moorpark, California October 13, 1993 An Adjourned Regular Meeting of the City Council of the City of Moorpark was held on October 13, 1993 in the Council Conference Room of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Lawrason called the meeting to order at 6:15 p.m. ROLL CALL: Councilmembers Hunter, Montgomery, Perez, Wozniak and Mayor Lawrason. Staff Present: Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney. 3. CLOSED SESSION: MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to go into 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 at 280 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54956.8. F. Litigation concerning Moorpark vs. CalTrans (Case No. 123655) . G. Litigation concerning City of Moorpark vs. Downs. H. Negotiations for Real Property at 675 Moorpark Avenue (Moss) and 661 Moorpark Avenue (Aikens) pursuant to Government Code Section 54956.8. I. Negotiations for Real Property on the North Side of Los Angeles Avenue contiguous to Mission Bell Plaza (Ken MacLeod). Minutes of the City Council Moorpark, California 2 October 13, 1993 J. Negotiations for Real Property at 18 High Street (Abbott & Associates, Moorpark Chamber of Commerce, Moorpark Melodrama) pursuant to Government Code Section 54956.8. The motion carried by unanimous voice vote. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; and Cheryl Kane, City Attorney The meeting reconvened into Open Session at 7:00 p.m. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to authorize the Mayor to sign an agreement with the property owners to complete demolition of a house located at 284 Charles Street. The motion carried by unanimous voice vote. Mr. Kueny stated that only item 3.D. was discussed and that there was no action to report out of Closed Session. AT THIS POINT in the meeting the Mayor de( time was 7:00 p.m. The Council reconven 3 at 7:10 p.m. ROLL CALL: Councilmembers Hunte2 Wozniak and Mayor La, Staff Present: Steven Kueny, City Ma Deputy City Manager Attorney; Jim Aguilera, Director of Community Development; Charles Abbott, City Engineer; Dirk Lovett, Assistant City Engineer; Paul Porter, Senior Planner; Lillian Hare, City Clerk; and Dorothy Vandaveer, Deputy City Clerk 4. PLEDGE OF ALLEGIANCE: Councilmember Hunter led the Pledge of Allegiance. 5. PUBLIC COMMENT: Carla Robertson, 280 Casey Road, spoke representing the Boys and Girls Club. She thanked City staff who had participated in the fund - raiser golf tournament which was held on Monday. Minutes of the City Council Moorpark, California 3 October 13, 1993 Connie Lawrason, 4291 Ambermeadow Drive, gave the monthly report of the Citizens Transportation Advisory Committee (CTAC /SSTAC) . She provided information on how physically disadvantaged persons can obtain special cellular phones for use in their vehicles. 6. PUBLIC HEARING: A. Consider Industrial Planned Development Permit No 93 -1 and Lot Line Adjustment No. 93 -8 - G &S Partnership - For construction of two industrial concrete tilt -up industrial warehouse buildings totalling 41,500 square feet and a lot line adjustment to consolidate three existing parcels into two parcels by eliminating one of the lot lines. Staff Recommendation: Open the public hearing and accept public testimony; consider the Mitigated Negative Declaration and related Mitigation Monitoring Program prepared for these entitlement projects prior to approval of the project; make the appropriate findings; approve Resolution No. 93- approving the requested Lot Line Adjustment and Industrial Planned Development Permit. Councilmember Hunter indicated that he will not participate in the discussion or voting with regard to this matter so as to prevent a possible conflict of interest. He left the dais. Mr. Aguilera gave the staff report. Bob Lumley, 1701 Pacific Avenue #170, Oxnard, spoke representing the applicant. He addressed the following issues during his presentation: Condition 18 - He requested the word "home" be deleted from the term "Homeowners' Association" so it reads "Owners' Association ". Condition 25 - He indicated this condition causes structural problems and it will create an eyesore from the freeways and the constructors will have to provide additional anchors in the roof to accommodate this condition. He suggested the addition of a comma at the end of the condition and adding the words "but not to exceed a total height of 48 inches." Minutes of the City Council Moorpark, California 4 October 13, 1993 Condition 108 - He requested that this condition be restated as a recommendation instead of a condition because he felt that G &S should have the choice of what kind of security system is used on the site. Councilmember Montgomery clarified that this condition pertains only to the period of construction and not beyond that. In response to Councilmember Montgomery's clarification, Mr. Lumley agreed that the condition is acceptable as stated. Boundary Line - Mr. Lumley said that City staff indicated the boundary survey was slightly inaccurate. He presented a modified drawing showing where the property line is and what would be modified on the site plan. Condition 79 - He asked if staff is replacing Conditions 80 and 86. He indicated that G &S does not believe it is their obligation to improve Los Angeles Avenue that it should be done by the prior property owner. In response to Councilmember Montgomery, Mr. Aguilera said Conditions No. 18 and 25 are acceptable to City staff. With regard to the landscaping issue, Mr. Aguilera stated that staff believes the landscaping that is being removed because of the modified boundary line should be conditioned to be replaced elsewhere on the project. Mr. Lumley said he believes his client would be glad to replace landscaping to a certain extent; however, they should not be conditioned to do it as they are presently exceeding the landscaping requirements even without replacing the deleted area. Mayor Lawrason indicated a correction on page 9, Condition 18.k. It should be corrected to read 1136 inch box containers (add the word "inch "). Robert S. Mednick, 8550 Balboa Blvd, Northridge, spoke representing the applicant. In response to Councilmember Perez, he said he can and will provide a letter from Mail Marketing for their commitment to cooperate in a youth employment program. Minutes of the City Council Moorpark, California 5 October 13, 1993 Mayor Lawrason recapped the unresolved items as being Conditions 79, 80, 86 and the remaining questions regarding the replacement of landscaping at the project. Mr. Mednick said G &S Partnership was not alerted in the beginning of the application process of the situation of widening Los Angeles Avenue and they do not believe they should be responsible for addressing this issue or paying for it. In response to Mayor Lawrason, Mr. Aguilera said this problem had come to the surface and that G &S was made aware of it about six weeks ago. Councilmember Montgomery clarified that the intent of Condition No. 79 is to recapture the full amount from the previous owner. Councilmember Montgomery continued by saying that if the City is unsuccessful, G &S would be apportioned a pro rata share with a cap of $100,000. In response to Councilmember Montgomery, Mr. Kueny said the Los Angeles Avenue Area of Contribution Fund does not cover frontage improvements. Councilmember Montgomery asked Mr. Mednick if the amount was able to be paid once Mail Marketing was in operation instead of prior to occupancy (i.e., a deferral agreement) if that would be acceptable to them. Mr. Mednick said he will discuss it with Mail Marketing, but he believes they are adamant that this condition not be included in the conditions of approval. He indicated that the November 12 date is the deadline for exercising the option to purchase the property. He indicated that the sale of the property is contingent upon obtaining the permit from the City. Councilmember Montgomery said this project should be approved this evening with the exception of the widening issue, they could then file for a minor modification if it was the case that G &S would be liable for payment as a result of the condition. Mr. Mednick said he would like to consult with the other representatives who are present. Minutes of the City Council Moorpark, California 6 October 13, 1993 AT THIS POINT in the meeting the City Council took a recess. The time was 8:05 p.m. The Council reconvened at 8:20 p.m. Mr. Mednick addressed the Council again and said they need approval tonight and they do not feel responsible for this condition to paying for the widening of Los Angeles Avenue. Councilmember Wozniak addressed some of the concerns and said that condition 35.i., regarding the Caltrans slope issue, is an unfair burden on G &S and should be deleted. In addition, Councilmember Wozniak said we should leave condition 79 as written except to add some language that says if the City in its best effort to recover the full cost of the amount from Moorpark R &T does not recover the cost then the applicant and the City agree to enter negotiations for resolution of this issue with the total cost to G &S Partnership not to exceed $100,000. He asked if this would be acceptable to G &S Partnership. Councilmember Perez said we may be facing a situation where a shortfall may become a burden on the taxpayers at large and he is not compelled to accept this. He expressed concern that Mr. Mednick may not be able to speak for Mail Marketing and that the City has not received the letter of commitment regarding youth employment. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adopt Resolution No. 93 -978 making the appropriate findings and approving the conditions as amended this evening with regard to Conditions 18 (change "homeowners "' to "owners "' ) , 18. k. ( add "inch" to between 113 6" and "box "), 25 ((insert after last sentence, "The height of the parapet shall not exceed a height of 48 inches ") ; approve resolution of the landscaping issue by requiring the applicant to replace the 520 square feet of landscaping removed by the moving of the two building pads four feet, elsewhere in the project, deletion of Conditions 80 and 86 (dealing with Los Angeles Avenue widening) , and deletion of Condition 35.i. (east slope landscaping) ; accept the verbal acknowledgement of the pads being moved four feet to the east; revision to condition 79 with language as follows: If it can be shown that the surety currently in place for the improvement to New Los Angeles Avenue adjacent to parcels APN 512 -0- 240 -10, 512 -0- 240 -08, 512 -0- 240 -07, 512 -0- 240 -17 and 512 -0- 240 -18 to its Minutes of the City Council Moorpark, California 7 October 13, 1993 ultimate width within the 118 feet of right -of -way is still in force to the full amount necessary to fund the total cost of said improvements to the satisfaction of the City Council, the applicant will not be required to contribute to the cost of said improvement. However, if the above - referenced surety is not still in force or is not sufficient to fully fund said improvements, the applicant shall pay its pro rata share based on the lineal frontage of its parcels to the total of all lineal frontage for the above - referenced parcels for the amount not covered by the surety, with a not to exceed amount of $100,000. The City will use its best efforts to recover the full cost of the improvement from the party responsible for the surety. The applicant at its expense shall also dedicate any right -of -way on its frontage necessary to complete the required improvement. The cost of improvement shall include, but not be limited to, modification of existing plans if determined necessary by City and /or Caltrans, replacement of landscaping relocation of utilities, review by Caltrans and City Engineer, right -of -way acquisition if necessary (except for that to be donated by the applicant if determined necessary), legal costs for the project and /or for obtaining compliance with the terms of the Agreement for Construction of Subdivision Improvements and related guarantee, concrete, curb, gutter and sidewalk, retaining /sound /screen walls, street lights, striping and signing, grading and earthwork, base material and paving, medians, traffic signal modification, controller re- phasing, traffic control, and any necessary transitions to the satisfaction of the City Engineer. Prior to occupancy, the applicant shall provide a surety in the amount of $100,000 in a form acceptable to the City Manager or otherwise reach agreement with the City Council to satisfy compliance with this condition. In the event the increased surety is not received by the City, the City Council shall consider Condition No. 79 at its November 3 meeting. The motion carried by 4 -0 roll call vote, Councilmember Hunter absent for the vote. Minutes of the City Council Moorpark, California 8 October 13, 1993 Ms. Kane indicated she needed the Council to confirm action to make the demand on Moorpark R &T to increase the amount of the surety. She indicated that the specific amount to which the surety needs to be increased can be provided by the City Engineer. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to direct staff to prepare a letter of demand to Moorpark R &T for the escalation of the surety amount to be determined by the City Engineer to the satisfaction of the City Manager; authorize the City Manager to sign the letter of notification and authorize the Mayor to sign any necessary documents; notification to be hand couriered to the three General Partners of Moorpark R &T. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, Mayor Lawrason recessed the Adjourned City Council meeting until approximately 10:00 p.m. to hold a Special Meeting. Mayor Lawrason reconvened the adjourned meeting of the City Council and Moorpark Redevelopment Agency. The time was 10:44 p.m. 7. CLOSED SESSION: MOTION: Councilmember /Agency Member Montgomery moved and Councilmember /Agency Member Wozniak seconded a motion to adjourn to a joint meeting of the City Council and Moorpark Redevelopment Agency for the purposes of discussing all Closed Session items. City Council: 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 at 280 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54956.8. Minutes of the City Council Moorpark, California 9 October 13, 1993 F. Litigation concerning Moorpark vs. CalTrans (Case No. 123655) . G. Litigation concerning City of Moorpark vs. Downs. H. Negotiations for Real Property at 675 Moorpark Avenue (Moss) and 661 Moorpark Avenue (Aikens) pursuant to Government Code Section 54956.8. I. Negotiations for Real Property on the North Side of Los Angeles Avenue contiguous to Mission Bell Plaza (Ken MacLeod). J. Negotiations for Real Property at 18 High Street (Abbott & Associates, Moorpark Chamber of Commerce, Moorpark Melodrama) pursuant to Government Code Section 54956.8. Redevelopment Agency: A. Negotiations for Real Property at 675 Moorpark Avenue (Moss) and 661 Moorpark Avenue (Aikens) pursuant to Government Code Section 54956.8. B. Negotiations for Real Property at 18 High Street (Abbott & Assoc., Moorpark Chamber of Commerce, Moorpark Melodrama) pursuant to Government Code Section 54956.8. C. Negotiations for Real Property on the North Side of Los Angeles Avenue contiguous to Mission Bell Plaza (Ken MacLeod). The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 10:45 p.m. The Agency /Council reconvened into Closed Session at 11:02 p.m. Present in Closed Session were all Agency /Councilmembers; Steven Kueny, Executive Director /City Manager; Richard Hare, Agency Treasurer/ Deputy City Manager; and Cheryl Kane, Agency Counsel /City Attorney. The meeting reconvened into Open Session at 11:50 p.m. Mr. Kueny stated only Council item 7.I. and Moorpark Redevelopment Agency Item B. were discussed and there was no action to report. Minutes of the City Council Moorpark, California 10 8. ADJOURNMENT: October 13, 1993 Mayor Lawrason adjourned the meeting at 11:50 p.m. Paul W. Lawrason Jr., ayor ATTEST: Lillian E. Hare, City Clerl