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HomeMy WebLinkAboutMIN 1994 1116 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California November 16, 1994 A Regular Meeting of the City Council of the City of Moorpark was held on November 16, 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 7:14 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council-member Wozniak. 3. ROLL CALL: Present: Councilmembers Hunter, Montgomery, Perez, Wozniak and Mayor Lawrason Staff: Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Charles Abbott, City Engineer; Jim Aguilera, Director of Community Development; Ken Gilbert, Public Works Director; Mary Lindley, Assistant to the City Manager; Debbie Traffenstedt, Paul Porter, Senior Planner; Don Reynolds, Administrative Services Manager; Lieutenant Marty Rouse, Sheriff's Department; Lillian Hare, City Clerk; and Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATION, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Proclamation recognizing The Great American Smokeout, Thursday, November 17, 1994. Mayor Lawrason presented the proclamation to Eileen Tondreau, a representative of the American Cancer Society. B. Recognition of John Casillas and City Emergency Medical Technicians. Mayor Lawrason honored John Casillas for his service as a trained Emergency Medical Technician. C. Presentation to the City by the Moorpark Kiwanis Club of $250 for the Mardi Gras event. Jim Jackson presented a check for $250 to the City for use in the Recreation Program for the youth of the community. OOV03 Minutes of the City Council Moorpark, California Page 3 N.F 7. 8. REORDERING OF, AND ADDITIONS TO THE AGENDA: None. November 16, 1994 AT THIS POINT in the meeting a recess was declared to convene the Moorpark Redevelopment Agency. The time was 7:21 p.m. The Council reconvened at 7:30 p.m. PUBLIC COMMENT: Buster Williams, 4120 Cochran Street, Simi Valley, representing the Roam'n Relics Car Club, presented a check for $1,050 to the Mayor for the Boys and Girls Club. Richard Connolly, 12405 Mountain Trail Ct. addressed the Council regarding possible solutions to the traffic problems on Mountain Trail Street generated by Mountain Meadows Park. Jim Worden, 790 E. Santa Clara St., representing the applicant on RPD 90 -2, 90 -3, 90 -4, agenda item 8.P., indicated an appeal was filed yesterday. COMMITTEE REPORTS: Councilmember Montgomery reported on the last East Ventura County Wasteshed Task Force meeting he attended. CONSENT CALENDAR (Roll Call Vote): MOTION: Councilmember Hunter moved and Councilmember Montgomery seconded a motion to pull Items 8.H, 8.J., and 8.P., and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Minutes of the Special Meeting of the City Council of October 19, 1994. Consider Minutes of the Regular Meeting of the City Council of October 19, 1994. Staff Recommendation: Approve minutes as processed. 00004 Minutes of the City Council Moorpark, California Page November 16, 1994 B. Consider Approval of the Warrant Register. Manual Warrants -4676 -24682 $ 27,613.90 Voided Warrants 14444 -24659 $ (52,822.82) Regular Warrants 24685 -24784 $ 131,389.55 Staff Recommendation: Approve the Warrant Register. C. Consider Purchase of a One -Ton Super Dutv Truck and Service Body for Public Works Department. Staff Recommendation: Authorize staff to purchase a 1994 super duty truck and service body with an extended warranty, in compliance with the bid specifications as modified and approved, from Prestige Ford, Inc. for the amount of $27,565.00 (tax included) D. Consider Request for the Release of the Grading Security for 6717 Aspen Hills Drive (William E. Howseman). Staff Recommendation: Accept the grading improvements for 6717 Aspen Hills Drive as complete and authorize the City Clerk to release the $4,144 cash security. E. Consider Reauest for the Exoneration of the Monument Bond for Tract 4757 -1 (Ventura Pacific) Relative to Los Angeles Avenue. Staff Recommendation: 1) Accept the property survey monuments for Mission Bell Plaza (Tract 4757 -1) as complete; 2) Authorize the City Clerk to exonerate bond #3SM777446. F. Consider Convevance of Easement & Riaht- of -Wav to Caltrans of Three Deeds, Parcels 75064, 75065 & 75066 (Mission Bell Plaza)-. Staff Recommendation: 1) Authorize the Mayor to sign the three subject deeds; 2) Authorize the City Clerk to execute and notarize the subject deeds and forward them to Caltrans. G. Consider Special Event Critique: Car Show, October 30, 1994. Staff Recommendation: Receive and file the report. I. Consider an Amendment to the Citv's 1994/95 Budget and Allocate Funds for the Installation of a Wrought Iron Fence at the Metrolink Station. Staff Recommendation: Approve an amendment to the City's 1994/95 Budget and allocate $2,240 from TDA funds for the installation of a wrought iron fence at the Metrolink Station. 00005 Minutes of the City Council Moorpark, California Page 4 November 16, 1994 K. Consider Approval of Additional Funds for the Construction of Improvements at 675 Moorpark Avenue (Interim Corporate Yard). Staff Recommendation: Approve an amendment to the appropriation and a budget for this project by increasing total project funding from $15,000 to $23,000 ($8,000 increase) (Fund 3: $10,000 to $15,000 and Fund 01: $5,000 to $8,000). L. Consider Authorizing Recordation of the Notice of Completion for the Restoration of the Slope on Lot 97 -- Tract 3049. Staff Recommendation: 1) Accept the work as completed; 2) Instruct the City Clerk to file the Notice of Completion; and, 3) Authorize the release of the retention upon acceptance of the Work as complete by the City Manager and clearance of the thirty -five (35) day lien period. M. Consider Approval of Certificate of Acceptance for Two Easement Deeds (Herrera & Altamirano) for the Construction of Sidewalk Improvements at the Northwest and Southwest Corners of First Street and Bard Street. Staff Recommendation: Approve Certificates of Acceptance for two Easement Deeds for the Construction and Maintenance of a sidewalk at the northwest and southwest corners of First Street and Bard Street. N. Consider Approval of Minor Modification No. 2 to Planned Community No. 3 (Urban West Communities /Moorpark Investors, Ltd.) for Modification of Approved Landscape Plan to Reflect the "As- Built" Landscaping along Tierra Re;ada Road from South End of Arroyo Simi Bridge to the Southern California Edison Easement_. Staff Recommendation: Receive and file the report. O. Consider Minor Modification No. 1 to IPD 93 -1 (G &S Partnership). Staff Recommendation: Receive and file the report. Q. Consider Approval of Minor Modification No. 2 to DP -299 (Aquaria) to Allow an Addition of 27,886 Square Feet. Staff Recommendation: Receive and file the report. R. Consider Membership Application to Southern California Joint Powers Insurance Authority - City of Malibu. Staff Recommendation: Receive and file the report. 00006 Minutes of the City Council Moorpark, California Page 5 November 16, 1994 S. Consider Resolution No. 94 -1083 Relative to Closure of Cit Hall and Related Activities on December 23, 1994. Staff Recommendation: Approve Resolution No. 94 -1083 authorizing the closure of City offices on December 23, 1994. T. Consider Department of Alcoholic Beverage Control (ABC Grant. Staff Recommendation: Approve the acceptance of this grant. U. Consider Resolution No 94 -1084 of the City Council of the City of Moorpark Approving and Authorizing the City Manager to Execute a Reimbursement Agreement by and between the Moorpark Redevelopment Agency and the City of Moorpark (Improvement for 224 -226 High Street. Staff Recommendation: That future tax increment revenues be pledged to reimburse the City for the cost of labor and advancement of funds. V. Consider Library Expansion Funding. Staff Recommendation: Refer to Redevelopment Agency. W. Consider Authorization for Expenditures Related to Employee Recognition Dinner. Staff Recommendation: Authorize the inclusion of the costs for the employee recognition dinner in this year's appropriation for the Administrative Services Employee Recruitment /Recognition line item (01.4.117.639), not to exceed $2,500. X. Consider Authorizing the Hiring of an Administrative Intern in the Public Works Department. Staff Recommendation: Authorize the addition of the position of Administrative Intern for the Public Works Department for seven hundred twenty (720) hours for FY 1994/95. The following items were pulled from the Consent Calendar for individual consideration: H. Consider Support for the City of Fillmore's Efforts to Improve Public Safety on Highway 126. Staff Recommendation: That the City Council send a letter to Caltrans signed by the Mayor and the Councilmembers, with a copy to the County, supporting the City of Fillmore's efforts to improve public- safety on Highway 126. Mayor Lawrason stated that and the citizens support efforts to improve the very it was important that the City the City of Fillmore in its dangerous Highway 126. 00007 Minutes of the City Council Moorpark, California Page 6 November 16, 1994 MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to authorize the City Council to send a letter to Caltrans signed by the Mayor and the Councilmembers, with a copy to the County, supporting the City of Fillmore's efforts to improve public safety on Highway 126. The motion carried by unanimous voice vote. J. Consider Resolution No. 94 -1085 Adopting Measures to Limit the Use of Mountain Trail Court by Patrons of Mountain Meadows Park. Staff Recommendation: 1) Adopt Resolution No. 94 -1085 Changing the NO PARKING ANYTIME zone on the south side of Mountain Trail Court east of Walnut Creek Road to NO STOPPING ANYTIME; 2) Approve the use of curb markings in lieu of regulatory signs on said street segment; and 3) Defer action to place a fence along the north boundary of the park. Councilmember Wozniak requested that 2.b. of the staff recommendation be changed to read, 1190 days from curb painting and sign placement, staff will place the issue of the fence along the north boundary of the park on the Transportation and Streets Committee agenda for further review before going to Council." Councilmember Hunter said the City needs to evaluate the parking situation and perhaps limit the size of the groups that use the park if it is an oversize group. He requested a policy be discussed at a future meeting. MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to approve the staff recommendation to 1) Adopt Resolution No. 94 -1085 Changing the NO PARKING ANYTIME zone on the south side of Mountain Trail Court east of Walnut Creek Road to NO STOPPING ANYTIME; 2) Approve the use of curb markings in lieu of regulatory signs on said street segment; and 3) Direct that 90 days from curb painting and sign placement, staff will place the issue of the fence along the north boundary of the park on the Transportation and Streets Committee agenda for further review before going to Council. The motion carried by unanimous voice vote. P. Consider Minor Modification No. 1 to Residential Planned Development Permits 90 -2. 90 -3 and 90 -4 (Hartman) - Request for Two One Year Extensions. Staff Recommendation: Receive and file the report 00008 Minutes of the City Council Moorpark, California Page 7 November 16, 1994 Councilmember Montgomery stated that the appropriate thing for the Council to do in light of the appeal was to take no action. 9. PUBLIC HEARINGS: A. consider Revisions to the City's Land Use Development Fees. Staff Recommendation: That the City Council rescind Resolutions 93 -987 and 86 -287, adopting Resolution No. 94- 1086 provided in the staff report, and pursuant to Government Code 66061, make the new Land Use Development Fees effective on January 16, 1995, (sixty days from November 16, 1994). Mr. Reynolds gave the staff report. Mayor Lawrason opened the public hearing. As there were no speakers for this item, Mayor Lawrason closed the public hearing. In response to Councilmember Perez, Mr. Reynolds indicated that the Building Industry Association had been provided with the staff report. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to approve the staff recommendation to adopt Resolution No. 94 -1086 and pursuant to Government Code 66061, make the new Land Use Development Fees effective on January 16, 1995. The motion carried by unanimous voice vote. 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Lawrason requested an agenda item to discuss City policy on purchasing goods and services from City merchants. 11. ACTION /DISCUSSION: A. Consider Appointment to the Senior Citizens Advisory_ Committee. Staff Recommendation: Appoint five committee members for a one year term to begin December 1, 1994. Ms. Hare gave the staff report. NOMINATION: Mayor Lawrason moved to nominate and Councilmember Montgomery seconded the nomination of Morrie Abramson, Tony Bellasalma, Everett Braun, Lois Brusven, Vina Milburn to the Senior Citizens Advisory Committee for a 2 year term. The nomination carried by unanimous voice vote. 00009 Minutes of the City Council Moorpark, California Page 8 November 16, 1994 AT THIS POINT in the meeting a recess was declared. The time was 8:13 p.m. The Council reconvened at 8:30 p.m. B. Consider Adoption of Resolution No. 94 -1087, a Resolution in Support of the Regional Trails and Pathways Master Plan. Staff Recommendation: Adopt Resolution No. 94 -1087, a Resolution of Support for the Regional Trails & Pathways Master Plan, and direct staff to prepare a letter to the County Board of Supervisors, which clarifies that the City is requesting revisions to the Recommended Primary System and Feeder Pathways Maps, as addressed in the staff report. Ms. Traffenstedt introduced Ron Blakemore from the Regional Trails Advisory Program who gave a presentation on the Regional Trails and Pathways Master Plan. Ms. Traffenstedt stated that the majority of the City's concerns have been incorporated into the map. Roseann Mikos, 14371 E. Cambridge Street, addressed the Council as a member of the Regional Trails Advisory committee. She encouraged adoption of the resolution of support. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded the motion to adopt Resolution No. 94 -1087 and to direct staff to prepare a letter to the County Board of Supervisors, which clarifies that the City is requesting revisions to the Recommended Primary System and Feeder Pathways Maps, as addressed in the staff report dated November 8, 1994. The motion carried by unanimous voice vote. C. Consider Fifth Town Hall Meeting. Staff Recommendation: Direct staff as deemed appropriate. Ms. Hare gave the staff report. CONSENSUS: By consensus, the Council determined to schedule the first Town Hall meeting of 1995 for January 28, 1995 at the Community Center and to agendize an item to discuss the 1995 Town Hall meeting schedule for January 3, 1995. D. Consider Council Ad Hoc Committee to Revise the Council Rules of Procedure. Staff Recommendation: Appoint an Ad Hoc Committee to revise the Council Rules of Procedure. Ms. Hare gave the staff report. 00610 Minutes of the City Council Moorpark, California Page 9 November 16, 1994 MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to assign Mayor Lawrason and Councilmember Wozniak to an Ad Hoc Committee to revise the Council Rules of Procedure. The motion carried by unanimous voice vote. E. Consider Employment Solicitation Activities by Day Laborers. Staff Recommendation: Direct staff as deemed appropriate. Ms. Lindley gave the staff report. She outlined the Agoura Hills City ordinance and said that it does not alleviate the problem of a Tipsy Fox situation but only addresses solicitation by motorists not on private property. She said it is a very limited tool.. Ms. Kane commented that it is very difficult to get a conviction in the Agoura Hills model because it is difficult to identify the soliciting activity without knowing what is being communicated between the person on the street and the person in the vehicle. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to refer this matter to the Community Development Committee for further review. The motion carried by unanimous voice vote. F. Consider Status of County of Ventura Happy Camp Golf Course Proiect. Staff Recommendation: Direct staff to prepare an updated status report for the City Council's November 2, 1994, meeting. (Continued Item) Ms. Traffenstedt gave the staff report. She said the County Harbor Commission has unanimously recommended approval of the lease option which is going before the Board of Supervisors on December 6. CONSENSUS: By consensus, the Council requested to be kept informed regarding any developments on this project. G. Consider Economic Development /Affordable Housing Committee's Recommendations and Adoption of Resolution No. 94- Pertaininq to an Inclusionary Housina Ordinance. Staff Recommendation: 1) Direct staff to forward the recommendations of the Economic Development /Affordable Housing Committee and a copy of the City of Carlsbad Ordinance to the City Attorney for development of a City of Moorpark Inclusionary Housing Ordinance; 2) Adopt a resolution initiating the amendment of the Moorpark Zoning 00611 Minutes of the City Council Moorpark, California Page 10 November 16, 1994 Ordinance pertaining to Inclusionary affordable housing requirements and directing the Planning Commission to set the matter for study, hearing and recommendation. (Continued Item) Ms. Traffenstedt gave the staff report. In response to Mayor Lawrason, Ms. Traffenstedt said that no other City in the County has an inclusionary housing ordinance. She said Ventura was working on such an ordinance and the City of Ojai had a voluntary ordinance. In response to Councilmember Montgomery, Mr. Aguilera responded in the affirmative that this is a non - paying project for staff. Mr. Aguilera indicated that staff has an estimate of staff time, but not City Attorney time to complete the inclusionary housing ordinance. Councilmember Montgomery requested to know the total dollar cost to complete the project. Councilmember Perez indicated that the Economic Development /Affordable Housing Committee had received information from staff relative to the ordinances in place. He said the committee felt it might be helpful to have the City Attorney involved in the beginning of the drafting of the inclusionary housing ordinance. He said he believed the dividends returned to the community from developing the ordinance would be worth the cost. Gary Austin, 17512 Von Karman Blvd., Irvine, representing the Messenger Investment Company, requested that the Council waive their rules of procedure to receive a letter which he had submitted to the City Clerk. He said Messenger Investment was very much opposed to the 15% requirement for affordable housing which would become a component to every new project in the City. Jeff Gordon, 17512 Von Karman, Irvine, representing the Messenger Investment Company, reviewed the ordinance passed by the City of Carlsberg. He indicated that the 15% mandated affordable housing was not conducive to bringing new projects into the Cit },. He indicated that the adoption of the City's General Plan should govern development. 00612 Minutes of the City Council Moorpark, California Page L1 November 16, 1994 Eloise Brown, 13193 Annette Street, representing the Ventura County Alliance of Taxpayers, spoke indicating that the affordable housing concept precludes some people from getting housing when it is needed. She said those buying homes would pay additional fees to allow the reduced priced homes to be built in a project. Councilmember Perez stated that he felt the City should move forward with the inclusionary zoning ordinance. In response to Councilmember Wozniak, Ms. Kane indicated that she would need clear direction on the scope of work to be completed and then she would be able to provide an estimate in a short turn around time to the Council. Councilmember Montgomery indicated a project to complete this ordinance was similar to an unfunded mandate. He said he felt the ordinance would have a detrimental impact on the housing stock and the people who presently reside in the City. Councilmember Hunter indicated that this item is the fulfillment of Committee work assigned by the direction of the Council. Mayor Lawrason indicated that he was leaning towards Councilmember Montgomery's feeling of opposition to this item. Mayor Lawrason said the Council should defer spending the funds on this item now and continue to move forward on specific plans that are presently in progress in the City. He said he did not believe the timing was right now for this project. Councilmember Perez commented that some of the actions taken by the City and Agency recently simply maintain the already established levels of affordable housing and don't address future housing needs. He said he believed more work is needed to be done to bring forward an acceptable ordinance. MOTION: Councilmember Hunter moved and Councilmember Montgomery seconded a motion to refer this item back to the Economic Development /Affordable Housing Committee for further review and study. The motion carried by unanimous voice vote. 00013 Minutes of the City Council Moorpark, California Page 12 November 16, 1994 H. Consider Draft Growth Management Ordinance and Status Report by City Attorney Regarding Building Industry Association of San Diego, Inc., v. City of Oceanside Litigation. Staff Recommendation: Receive a verbal report from the City Attorney regarding the status of the litigation action on the City of Oceanside's growth management ordinance, and continue Council discussion on the proposed City of Moorpark growth management ordinance. (Continued Item) Ms. Kane gave an oral report. She said the California State Supreme Court has denied the City of Oceanside's request for review. She said this means the appellate court decision stands as precedent. She said if a growth management ordinance impacted the supply of low income housing then it would be contrary to state law, but if it did not have that impact then it would be a valid ordinance. She indicated that the Oceanside ordinance exempts low income housing. Councilmember Montgomery said he still advises the establishment of a categorized growth control ordinance as he had previously outlined through the City Council. Councilmember Perez commented that perhaps the City should not approach growth management through the mechanism of a strict number of allowable units per year. Mayor Lawrason concurred that a different approach was needed. Ms. Kane commented that the Oceanside decision was based strictly on State statutes so that the decision could be wiped out if there was a statutory change. Councilmember Wozniak stated his belief that this matter needed to be referred back to committee to be reviewed in light of what the Council now knew. Councilmember Perez said that he believes that the former committee should be contacted after the Planning Commission appointments are filled. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to refer this matter to the previous committee with a request to have two Planning Commissioners serve on the Committee. The motion carried by unanimous voice vote. 00014 Minutes of the City Council Moorpark, California Page L3 12. ORDINANCES: November 16, 1994 A. Second Reading of Ordinance No. 200 - Making Revisions to the City's Zoning Ordinance Relating to The Allowance of Dry Cleaning Facilities within Industrial Zones and the Adjustment of Permit Requirements for Restaurants within Industrially Zoned Parcels Ms. Kane read the ordinance title. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to waive further reading and declare Ordinance 200 read for the second time. The motion carried by unanimous voice vote. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to declare Ordinance 200 adopted as read. The motion carried by unanimous voice vote. 13. CLOSED SESSION: MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to adjourn to Closed Session for a discussion of all items on the agenda: A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - four) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - two) C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (pursuant to Government Code Section 54957) Title: City Manager, Deputy City Manager, Director of Community Services, Director of Community Development, Public Works Director, City Clerk, Chief of Police, City Engineer, and City Attorney The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared the time was 10:20 p.m. The Council reconvened into Closed Session at 10:30 p.m. 00 0 1 5 Minutes of the City Council Moorpark, California Page 14 November 16, 1994 Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; and Cheryl Kane, City Attorney. The Council reconvened into Open Session at 10:48 p.m. Mr. Kueny stated there was no action to report and only items. 13.A., 13.B., and 13.C. were discussed. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to reject the claim of Roseann Mikos and to direct staff to so notify the claimant. The motion carried by unanimous voice vote. 14. ADJOURNMENT: Mayor Lawrason adjourned the meeting at 10:48 p.m. ,y Yn _ Paul W. L rason Jr., ayor ATTEST: Lillian E. Hare, City Clerk 00016