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HomeMy WebLinkAboutMIN 1994 0817 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California August 17, 1994 A Regular Meeting of the City Council of the City of Moorpark was held on August 17, 1994 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 7:31 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance and Flag Salute was led by Troop 610. 3. ROLL CALL: Present: Councilmembers Hunter, Montgomery, Perez, and Mayor Lawrason Absent: Councilmember Wozniak Staff Present: Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Ken Gilbert, Director of Public Works; Jim Aguilera, Director of Community Development; Christine Adams, Director of Community Services; Charles Abbott, City Engineer; Dirk Lovett, Assistant City Engineer; Mary Lindley, Assistant to the City Manager; Kathleen Mallory Phipps, Associate Planner; Lieutenant Marty Rouse, Sheriff's Department; Lillian Hare, City Clerk; and Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Recognition of Timothy Lee Bryan for Achieving the Award of Eagle Scout. Mayor Lawrason recognized Timothy Lee Bryan for achieving Eagle Scout status. Mayor Lawrason also recognized and congratulated his wife, Connie Lawrason, on her birthday. Mayor Lawrason announced that Christine Nilay was the winner of the Queen of the Ventura County Fair. She was the runner up in the Miss Moorpark Contest. AT THIS POINT in the meeting, a recess was declared to convene the Moorpark Redevelopment Agency. The time was 7:40 p.m. The City Council reconvened into Open Session at 7:50 p.m. 00012 Minutes of the City Council Moorpark, California Page 2 August 17, 1994 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 6. PUBLIC COMMENT: John Newton, Bart Miller and Dave Schwaubauer, of Waterworks District No. 1 Advisory Committee, addressed the Council regarding Waterworks District No. 1 service to Municipal, Industrial and Agricultural water users. They gave a brief history of water rates in the geographical area. Paul Bollinger, President of Bollinger Development Company, 2820 Townsgate, Westlake Village, discussed the status of the approval process for his project. He requested Council direct staff to expedite his project and indicated he would put that request in writing. Connie Lawrason, 4291 Ambermeadow Street, spoke regarding the vacant field between the Circle K and the new mini -mart. She said if the City requested the trash haulers to provide big cans, they could collect trash and help keep the area clean. She also indicated her opposition to a Los Angeles Avenue entrance to the Shell Station. Ed Jones, 5135 Island Forest Place, Westlake, spoke regarding the Southern California Association of Governments. He encouraged the City to be a dues paying member. Janet Dillon, 300 E. Esplanade Drive, Oxnard, of the Council on Economic Vitality (VCEDA), addressed the Council regarding the Federal Implementation Plan (FIP) . She said a FIP will be mandated on January 31, 1995. She encouraged the Council to support the alternate FIP that was developed by VCEDA. She requested the Council adopt a resolution to be submitted to the Environmental Protection Agency regarding the alternate FIP. Gerald Goldstein, 11932 Los Angeles Avenue, proposed that the vacant lot between the new mini -mart and the Circle K be developed as a truck stop. He also protested the appointment of the incumbent Councilmembers and Mayor rather than the holding of a scheduled election. 7. COMMITTEE REPORTS: None. 00013 Minutes of the City Council Moorpark, California Page 3 August 17, 1994 8. CONSENT CALENDAR: MOTION: Councilmember Perez moved and Councilmember Hunter seconded a motion to approve the Consent Calendar. The motion carried by roll call vote 4 -0, Councilmember Wozniak absent for the vote. A. Consider Approval of Minutes of the Special Meeting of the City Council and the Planning Commission of May 25, 1994. Approve minutes as processed. B. Consider Approval of the Warrant Register. Fiscal Year 1993 -94 Regular Warrants 23900 -23912 $ 112,749.01 Fiscal Year 1994 -95 Manual Warrants 23894 -23895 $ 729.87 Voided 23755 $ (33,673.99) Regular Warrants 23913 -23999 $ 261,531.69 Staff Recommendation: Approve the Warrant Register. C. Consider Request for Release of Improvement Securities for Tract 4789 (West America Corporation). Staff Recommendation: 1) Accept the improvements for Tract 4789 as complete; 2) Authorize the City Clerk to exonerate the aforementioned Grading and Monument Bonds; 3) Authorize the City Clerk to reduce the Street Improvement bond to $11,167. D. Consider Request for Release of Letter of Credit for the Kavlico Corporation (DP -318 Major Modification No. 11. Staff Recommendation: 1) Accept the grading improvements for Major Modification No. 1 as complete; 2) Authorize the City Clerk to exonerate the aforementioned security. E. Consider Resolution No. 94 -1055 Rescindina Resolution No. 85 -209 and Establishing New Guidelines for the Screening of General Plan Amendment Requests. Staff Recommendation: Adopt Resolution No. 94- rescinding Resolution No. 85 -209, and approving new guidelines for the screening of General Plan amendment requests. 00014 Minutes of the City Council Moorpark, California Page 4 August 17, 1994 F. Consider Placement of Newspaper Recycling Bins at Monte Vista Nature Park. Staff Recommendation: Approve the placement of newspaper recycling bins. G. Consider the Establishment of a Senior Citizens Discounted Bus Fare. Staff Recommendation: Approve the establishment of a senior citizens discounted bus fare of $.50 as outlined in the staff report. H. Consider City Manager Approved Contract for "Radio Flyer" for Concert in the Park on Monday. September 5. 1994 at Peach Hill Park. Staff Recommendation: Receive and file the report. I. Consider City Manager Approved Contract for "Take 5 Office Break Services" for Vending Machine Operations at Civic Center and at Arroyo Vista Recreation Center. Staff Recommendation: Receive and file the report. J. Consider Ratification of Ventura County Area Agency on Acting Area Alternate Representative. Staff Recommendation: Ratify the election results from July 25, 1994 for Moorpark's alternate representative to the Ventura County Area Agency on Aging. K. Consider Exoneration of Bonds for Tract 4338 (Urban West Communities). Staff Recommendation: Accept the public improvements in Tract 4338 and authorize the City Clerk to exonerate the bonds. L. Consider Authorization to Advertise for Receipt of Bids for Drilling Irrigation Water Well No. 3 at Arroyo Vista Community Park. Staff Recommendation: 1) Approve the plans and specifications for the drilling of Water Well #3; 2) Authorize staff to advertise for receipt of bids for said construction; 3) Authorize staff to proceed with the design of the water well pump and the electrical service for same upon completion of the drilling operation, and to advertise for receipt of bids for said work, upon completion of said designs. M. Consider Appropriation of $6,493.40 for Asbestos Removal Demolition and Temporary Water Utility Service for the Home and Accessory Structures Located at 14404 Avenida Colonia (Moorpark vs. John Downs VCSC Case No CIV136492). Staff Recommendation: 1) Appropriate $6,493.40 ($6,380.00 for asbestos and demolition, including a 10% contract contingency and $113.40 for temporary water service) from Fund 01.4.117.642, for the removal of asbestos and demolition of the home and 00015 Minutes of the City Council Moorpark, California Page 5 August 17, 1994 smaller structures on the site; weed and appurtenance clearance of the parcel; and operation of the water service; and 2) Authorize the City Manager to enter into a contract with and approve the contract with All Contractors for a contract amount of $5,800 and that the City Manager be authorized to sign a contract amendment, if one is needed, with All Contractors for a maximum of $580.00. 9. PUBLIC HEARINGS: A. Consider Draft Growth Management Ordinance Developed by Ad Hoc Committee, and as Revised by Staff to Incorporate City Attorney Comments. Staff Recommendation: Continue to accept public testimony on the draft growth management ordinance, and provide direction to staff regarding preparation of an Initial Study and the scheduling of a subsequent City Council public hearing. (Continued item) PUBLIC HEARING REMAINS OPEN Mr. Aguilera gave the staff report. Mayor Lawrason noted that the public hearing was still open. As there were no speakers for this item, Mayor Lawrason closed the public hearing. MOTION: Councilmember Montgomery moved and Councilmember Hunter seconded a motion to continue this matter to September 17, 1994. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. In response to Mayor Lawrason's request for a City Attorney letter previously submitted to the Council, Mr. Kueny indicated that staff will prepare a complete packet for the Council and the public regarding this item. 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Lawrason announced the next Town Hall Meeting on September 10, 1994. Councilmember Montgomery announced that the City would be asking Ralph Mahan to give a presentation on the Happy Camp Canyon Golf Course project being proposed at the second meeting in September. Councilmember Perez requested a report on the Caltrans denial of the signage requested by the City on State Route 118. 00016 Minutes of the City Council Moorpark, California Page 6 August 17, 1994 Councilmember Hunter stated that he felt it was time for the film permit ordinance research done by staff to be presented to the Council and requested it be agendized for the second meeting in September. 11. ACTION /DISCUSSION: A. Consider Possible Revision to Ventura County Library Expansion Plans Requiring Use of City Property and Plan Revisions. Staff Recommendation: Direct staff as deemed appropriate. (Continued Item 11.E. from 8/3/94; Continued Item 11.E. from 8/10/94) Mr. Kueny recapped the history of this item. He said that new issues regarding the cost for surveys and soil samples will not allow the City to keep the cost at $13,000. Mayor Lawrason said the expense was now estimated to be approximately $48,000. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to discontinue discussions with the County relative to a possible relocation of parking for the expanded library project. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. B. Consider Appeal No. 94 -2 of Minor Modification No. 8 to CPD 89 -2 (Mission Bell Plaza) on the Application of Shell Oil Company. Staff Recommendation: Direct staff as deemed appropriate. (Continued Item 11.H. from 7/6/94) Mr. Aguilera gave the staff report. Lieutenant Rouse provided statistical information on similar turning movement situations in the City. He said 174 citations have been issued at Park Lane and Los Angeles Avenue close to the Shell station for failure to obey regulatory signs. In response to Councilmember Hunter, Lieutenant Rouse indicated if one driveway were allowed he would prefer it to be an egress. Larry Turner, 5850 Canoga Avenue, Woodland Hills, a real estate representative for Shell Oil, requested continuance of this matter until the full council is present to consider it. 00017 Minutes of the City Council Moorpark, California Page 7 August 17, 1994 Jack Greenspan, 106 S. Mentor, Pasadena, spoke as the traffic engineer for Shell Oil. He said the proposed large island between the two requested driveways is a problem. He explained the pros and cons of different configurations of driveways. MOTION: Councilmember Perez moved and Councilmember Hunter seconded a motion to continue this matter to September 7, 1994; Caltrans to be contacted for their input regarding the proposed changes represented on the attachments 1 of 2 and 2 of 2 of the staff report. The motion carried by voice vote 4- 0, Councilmember Wozniak absent for the vote. C. Revised Traffic Speed Limits for Certain City Streets. and 3) Adoption of Resolution No. 94 -1057 Rescinding Resolution No. 94 -999 and Approving New Traffic Speed Limits for Certain City Streets. Staff Recommendation: 1) Approve the 1994 Speed Study; 2) Adopt Resolution No. 94 -1056 rescinding Resolution Nos. 90 -701, 92 -837 and 92 -887 and adopting revised speed limits for certain City Streets; and, 3) Adopt Resolution No. 94 -1057 rescinding Resolution No. 94 -999 and adopting revised speed limits for certain City Streets. Mr. Troche gave the staff report. Mayor Lawrason indicated he had some concerns with Segments 5, 20, 23, and 26. Councilmember Montgomery said his greatest concern was with Segment 26 of the Speed Study. He admonished citizens to slow down on Peach Hill Road. MOTION: Councilmember Montgomery seconded a recommendation "break" that Marquette, Marquette to Resolution No. revised speed carried by voi the vote. as amended segment into Hunter moved and Councilmember motion to approve the staff to resurvey Segment No. 5 and three segments -- Princeton to Collins, Collins to Beragan, and to adopt 94 -1056 and Resolution No. 94 -10571 adopting limits for certain City streets. The motion :�e vote 4 -0, Councilmember Wozniak absent for 00018 Minutes of the City Council Moorpark, California Page 8 August 17, 1994 D. Consider the Draft and Alternative Air Ouality Federal Implementation Plans (FIPs). Staff Recommendation: 1) Oppose the Draft FIP; 2) Request that the Federal EPA consider less extreme measures to reach Air Quality Standards and measures that address local conditions and provide local control, as the Alternative FIP attempts to do. Ms. Lindley gave the staff report. MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to respond to the Environmental Protection Agency with a letter that the City opposes the draft FIP "as currently written" and to recommend that the Environmental Protection Agency endorse measures and language in the alternate FIP that address local concerns and provide more local government control. The motion carried by voice vote 4- 0, Councilmember Wozniak absent for the vote. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to continue this matter to September 7, 1994. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. E. Consider Year 2015 Land Use Projections to be Provided to the Ventura County Transportation Commission (VCTC) for Traffic Modelling Purposes. Staff Recommendation: Direct staff to provide Year 2015 land use assumptions to the VCTC consistent with the approach discussed in the staff report. Mr. Aguilera gave the staff report. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to continue this item to the City Council meeting of September 7, 1994. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. F. Consider an Appeal (No. 94 -5) by Pindler & Pindler to Condition of Approval No. 10 for Minor Modification No. 1 to Development Permit No. 305. Staff Recommendation: Deny appeal No. 94 -5, and uphold the Director of Community Development's decision to require the installation of the roof screening equipment within one month of Council consideration of this item (September 17, 1994). As the appellant was not present, Mr. Kueny recommended the Council continue this matter. 00019 Minutes of the City Council Moorpark, California Page 9 August 17, 1994 MOTION: Mayor Lawrason moved and Councilmember Hunter seconded a motion to continue this matter to September 7, 1994. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. G. Consider Distribution of Urban Streams Restoration Grant Monies to the City of Moorpark and the Environmental Coalition. Staff Recommendation: 1) That the remaining funds ($4,740.68), be equally distributed between the City of Moorpark ($2,370.34) and Roseann Mikos ($2,370.34) and, 2) that the City Council authorize the City Manager to initiate and sign a contract amendment to redistribute the funds from one budget category to another so that the City may accomplish the disbursement as stated in number ]., above. Mr. Aguilera gave the staff report. Roseann Mikos, 14371 Cambridge Street, spoke for Elizabeth Haynes, President of the Environmental Coalition- Moorpark Branch. Dr. Mikos said Ms. Haynes was in support of the City's approval of the requested contract amendment for her (Mikos) to permit payment of an additional $3,387.00 to the originally proposed contract amount. In addition, she requested an extension of the contract with the State of California for the Arroyo Simi Restoration Project. Roseann Mikos, 14371 Cambridge Street, stated her belief that she was entitled to the additional amount requested to be added to her contract. James Hartley, 5950 Gabbert Road, said he was disappointed that this project had been "micromanaged ". He supported the resolution of the disagreement with the Environmental Coalition - Moorpark Branch by payment to Roseann Mikos of the requested increased contract amount. Janet Murphy, 15308 Seitz Court, spoke in favor of Roseann Mikos receiving the additional contract amount. CONSENSUS: By consensus, the Council determined that $153.68 should be provided to Dr. Mikos, a reimbursement for the amount deducted from her contract for liability insurance purposes. After Council discussion, the following motions were heard: 00020 Minutes of the City Council Moorpark, California Page 10 August 17, 1994 MOTION: Councilmember Perez moved and Councilmember Hunter seconded a motion to pay $3,387.00 to Dr. Mikos, the balance of the funds to go to the City. The motion failed by roll call vote, 2 -2, Mayor Lawrason and Councilmember Montgomery dissenting and Councilmember Wozniak absent for the vote. MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to approve the staff recommendation that the remaining funds from the grant be equally distributed between the City of Moorpark and Roseann Mikos ($2,370.34 to each) . The motion failed by roll call vote 2 -2, Councilmember Perez and Hunter dissenting, and Councilmember Wozniak absent for the vote. MOTION: Councilmember Hunter moved and Councilmember Perez seconded a motion to continue this matter. The motion failed by roll call vote 2 -2, Mayor Lawrason and Councilmember Montgomery dissenting, Councilmember Wozniak absent for the vote. H. Consider Adoption of the Modified Historic Preservation Ordinance No. 194 to be Codified as Title 15, Entitled Buildings and Construction. Chapter 15.28. of the Moorpark Municipal Code and Adoption of Resolution No. 94 -1058 Adopting a Financial Incentive Package. Staff Recommendation: 1) Adopt Financial Incentive Resolution No. 94 -1058, to be effective the date that the Historic Preservation Ordinance is effective, and 2) Introduce for first reading Ordinance No. 194 to be codified as Title 15, entitled Buildings and Construction, Chapter 15.28, entitled Historic Preservation, of the Moorpark Municipal Code. Ms. Kathleen Mallory- Phipps gave the staff report. Mayor Lawrason said he could not support the ordinance. He indicated the Historical Society had been involved in the first stages of development but then the drafting had taken another direction and the Historical Society no longer had a part in the process. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adopt the financial incentive Resolution No. 94 -1058. The motion carried by voice vote 3 -1, Mayor Lawrason dissenting and Councilmember Wozniak absent for the vote. Ms. Kane read the ordinance title. 06021 Minutes of the City Council Moorpark, California Page 11 August 17, 1994 MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to read the ordinance title and waive further reading. The motion carried by voice vote 3 -1, Mayor Lawrason dissenting and Councilmember Wozniak absent for the vote. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to declare Ordinance No. 194 introduced for first reading. The motion carried by voice vote 3 -1, Mayor Lawrason dissenting and Councilmember Wozniak absent for the vote. I. Consider Crosswalks on High Street. Staff Recommendation: Direct staff as deemed appropriate. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to continue Items 11.I. and 11.J. to September 7, 1994. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. J. Consider Temporary Traffic Signal for Intersection of Tierra Rejada Road and Moorpark Road. Staff Recommendation: Discuss this potential project with the County of Ventura. Continued to September 7, 1994. K. Consider Approval of Policies Pertaining to On- Street Parking in the Vicinity of Moorpark High School. Staff Recommendation: Approve the policies set forth in the staff report pertaining to the issuance of Encroachment Permits for on- street parking and use of the Arroyo Vista Community park access road in the vicinity of Moorpark High School. The staff report was deferred. MOTION: Councilmember Montgomery moved and Councilmember Hunter seconded a motion to approve the staff recommendation to approve the policies set forth in the staff report pertaining to the issuance of encroachment Permits for on- street parking and use of the Arroyo Vista Community Park access road in the vicinity of Moorpark High School. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. 00022 Minutes of the City Council Moorpark, California Page 12 August 17, 1994 12. ORDINANCES: A. Consider Ordinance No. - An Ordinance of the City Council of the City of Moorpark. California. Amending Section 2.12.120. Providing that Written Contracts Made or Entered into by the City may be Signed by the City Manager as an Officer of the City. Staff Recommendation: Introduce Ordinance No. for first reading. MOTION: Councilmember Montgomery moved and Councilmember Hunter seconded a motion to continue this item to September 7, 1994; the item to be moved to Action /Discussion. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. 13. CLOSED SESSION: MOTION: Councilmember Montgomery and Councilmember Perez seconded a motion to adjourn to Closed Session for a discussion of Item 13.D. D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (pursuant to Subdivision (a) Government Code Section 54956.9) Name of Case: D. W. Burhoe Construction, Inc. vs. City of Moorpark The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. AT THIS POINT in the meeting, a recess was declared. The time was 11:42 p.m. The Council reconvened into Closed Session at 11:45 p.m. Present in Closed Session were all Councilmembers but Councilmember Wozniak and Councilmember Montgomery; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; and Ken Gilbert, Director of Public Works. The Council reconvened into Open Session at 12:02 a.m. Mr. Kueny said there was no action to report out of Closed Session and only Item 13.D. had been discussed. 00023 Minutes of the City Council Moorpark, California Page 13 August 17, 1994 14. ADJOURNMENT: Mayor Lawrason adjourned the meeting at 12:02 a.m. l Paul W. Lawras n Jr., May ATTEST: 001)24