HomeMy WebLinkAboutMIN 1994 0504 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California May 4, 1994
A Regular Meeting of the City Council of the City of Moorpark was
held on May 4, 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 7:29 p.m.
2. PLEDGE OF ALLEGIANCE:
Councilmember Perez led the Pledge of Allegiance.
3. ROLL CALL:
Present: Councilmembers Hunter, Montgomery, Perez,
Wozniak and Mayor Lawrason
Staff Present: Steven Kueny, City Manager; Jim Aguilera,
Director of Community Development; Ken
Gilbert, Public Works Director; Cheryl
Kane, City Attorney; Mary Lindley,
Assistant to the City Manager; Charles
Abbott, City Engineer; Dirk Lovett,
Assistant City Engineer; Christine Adams,
Director of Community Services; Lt. Geoff
Dean, Sheriff's Department; Richard Hare,
Deputy City Manager; Don Reynolds,
Administrative Services Manager; Deborah
Traffenstedt, Senior Planner; Paul
Porter, Senior Planner; and Dorothy
Vandaveer, Deputy City Clerk.
4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS:
A. Awards of Appreciation for Community Volunteers - Sylvia
and James Whitaker, Jim Sandoval, Joe Latunski.
Mayor Lawrason presented certificates to Jim Sandoval and
Joseph Latunski.
B. Proclamation to recognize May 5, 1994 as National Day of
Prayer.
Mayor Lawrason presented the proclamation to Marge Nelson
from Holy Cross Catholic Church.
C. Introduction of Susan Meyer, Account Clerk.
Mayor Lawrason introduced Ms. Meyer.
Minutes of the City Council
Moorpark, California 2 May 4, 1994
D. Proclamation to recognize May 15 - 21, 1994 as National
Public Works Week.
Mayor Lawrason presented the proclamation to Ken Gilbert,
Director of Public Works.
E. Recognition of Don Reynolds for becoming Licensed Buyer.
Mayor Lawrason presented a plaque to Don Reynolds,
Administrative Services Manager.
F. Recognition of Emergency Medical Training graduates.
The Mayor presented certificates to the graduates of the
Emergency Medical Training. The names of those earning
certificates are A.J. Alldredge, John Casillas, Susan
Shellabarger, Don Aguilar, Steve Lengyel, Al Miramontes,
Craig Smith and Ed Tumbleson
G. Presentation to Moorpark Disaster Assistance Response
Team Members.
The Mayor presented certificates to the Moorpark Disaster
Assistance Response Team Members aided by Mary Lindley
and Ed Tumbleson. The names of those earning
certificates are Liselotte Adler, Danielle Brossart.
Arlene Butler, James Carpenter, Judith Daufeldt, Karen
Duker, Janis Isaac, James Jennings, Karl Kesler, Connie
Lawrason, Alora Mahler, William Marlatt, Linda Martinez,
Rene Mayfield, Pennie Patterson, Verna Silvia, Thomas
Taus, and Paul Lawrason
Recognition of Senior Deputies Craig Smith, Kent Adlof,
and Ron Nelson for their Community Service.
Mayor Lawrason presented certificates to the Senior
Deputies who would be accepting new assignments outside
the City.
AT THIS POINT in the meeting, Mayor Lawrason declared a recess
in order to convene the Redevelopment Agency. The time was
8:00 P.M.
The Council reconvened at 8:01 p.m.
5. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
Minutes of the City Council
Moorpark, California 3
6. PUBLIC COMMENT:
May 4, 1994
Miguel Gonzales, 239 Roberts Avenue, spoke regarding an
encroachment permit that was revoked by the City. He
requested that reconsideration be given to this matter so he
can construct a longer driveway at his home.
Mayor Lawrason asked staff to agendize this matter for a
future meeting.
Paul Nissen, 487 Sherman Avenue, spoke regarding the City's
enforcement of the Neighborhood Preservation Program. He
expressed concern that he is being cited for minor violations.
Bill Moya, spoke as a representative of the Federal Emergency
Management Agency. He said he wants the public to know that
FEMA is still active in the area to assist earthquake victims.
Bill Poleri, 6863 Trojan Court, spoke representing the
Moorpark Arts Association. He presented the four City flag
finalist design entries to the City Clerk.
Lolina Talili, 520 W. Fifth Street, Suite D, Oxnard, spoke
representing Tom Kinson & Associates (a segment of the Joint
Training Policy Council). She indicated that through their
program they are hoping to provide employment opportunities to
thirty Moorpark youth during the summer months.
CONSENSUS: By consensus, the Council waived their Rules of
Procedure to accept two late speaker cards.
Roseann Mikos, 14371 E. Cambridge Street, spoke representing
the Environmental Coalition Moorpark Branch. She requested
that the Environmental Impact Report for the Carlsberg project
not be approved until further tests can be conducted by the
Department of Fish and Game to ensure protection of the vernal
pools on the Carlsberg property.
Ethel Sulkis, 270 Sierra Avenue, said the City needs to
maintain Gisler Field in a better manner.
7. COMMITTEE REPORTS:
None.
Minutes of the City Council
Moorpark, California 4 May 4, 1994
8. CONSENT CALENDAR:
MOTION: Councilmember Wozniak moved and Councilmember Hunter
seconded a motion to pull item 8.0. from the Consent Calendar
for individual consideration and to approve the balance of the
Consent Calendar. The motion carried by unanimous roll call
vote.
A. Consider Approval of Minutes of Special City Council
Meeting of April 20, 1994.
Staff Recommendation: Approve minutes as processed.
B. Consider Approval of Warrant Register.
Manual Warrants
Regular Warrants
$175,085.53
Staff Recommendation:
22873 - 22874,
22993 -22997
22998 -23121
$ 28,398.92
Approve the Warrant Register.
C. City Manager Approved Contract for the Construction of a
Block Wall at the Northwest corner of Los Angeles Avenue
and Shasta Avenue (Lopez) (.CNM Paving). Staff
Recommendation: Receive and file the report.
D. Citv_ Manager Approved Contract for the Construction of a
Guardrail on the south side of Tierra Rejada Road between
Spring Road and Moorpark Road (Alcorn Fence) Staff
Recommendation: Receive and file the report.
E. Consider Approval of an Appropriation and Budget
Amendment for the Installation of Landscaping in the
Tierra Rejada Road Median West of Spring Road. Staff
Recommendation: Approve an appropriation of funds from
the Tierra Rejada Road /Spring Road Area Of Contribution,
via a loan from the Gas Tax Fund, and an amendment to the
FY 1993/94 Budget (026 -0- 142 - 903 -0004) in the amount of
$2,730 for the construction of the improvements.
F. Consider Resolution No. 94-1031 Vacatina an Irrevocable
Offer to Dedicate Certain Street Right -of -Way East of
Fitch Road and North of Zachery Street (Borickl. Staff
Recommendation: Adopt Resolution No. 94 -1031 vacating
the offer to dedicate the subject unneeded street
Easement.
Minutes of the City Council
Moorpark, California 5 May 4, 1994
G. Consider Continuation of the Computer Purchase Loan
Program for Employees. Staff Recommendation: Approve
continuation designating an additional $15,000 from the
General Fund -fund balance for the remainder of fiscal
year 1993/94.
H. Consider Approval of a New Meeting Schedule for the
Transportation and Streets Standing Committee. Staff
Recommendation: Staff and the Transportation and Streets
Committee recommend that the Council approve a meeting
date as the Friday following the regularly scheduled
second Council meeting at 9:00 a.m.
I. Consider Amicus Brief to Support Local Land Use Planning
Control -- Devita vs. County of Napa. Staff
Recommendation: Approve joining amicus brief.
J. Consider a Cooperative Agreement Between the City of
Moorpark and the Ventura County Transportation Commission
for the Countywide Bus Pass Program. Staff
Recommendation: 1) Approve the Cooperative Agreement
between the City of Moorpark and the Ventura County
Transportation Commission for participation in the
Countywide Bus Pass Program; and 2) Direct the City
Manager to sign the Agreement pending final language
approval by the City Manager and City Attorney.
K. Consider Opposition to SB 1650, Concealed Weapons
Permits. Staff Recommendation: Oppose SB 1650,
Concealed Weapons Permits and direct the Mayor to
communicate the City's position to the appropriate State
legislators and committees.
L. Consider Acceptance of Tierra Rejada Widening
Improvements. Staff Recommendation: 1) Accept the work
as complete, 2) Instruct the City Clerk to file the
Notice of Completion, 3) Authorize release of the
retention upon satisfactory clearance of the 35 -day lien
period.
Minutes of the City Council
Moorpark, California 6 May 4, 1994
M.
JLVVJ -V% mppruveu nuager- to recognize S4,267.00 from
Ventura County Area Agency on Aging One -Time Only Funds
(Title 5). for the Purchase of a Copy Machine and
Portable Room Dividers. Staff Recommendation: Accept
the additional funding from the Ventura County Area
Agency on Aging, and amend the Senior Center budget for
1993 -94 accounts (01.4.150.906 - Special Equipment) to
reflect the one time only funding increase from the
Ventura County Area Agency on Aging of $4,267.00, to pay
for a copy machine $3,453.35) and portable room dividers
($813.65).
N. Consider Closing City Hall for Three Hours on Friday. May
20 at 2:00 p.m. for City Hall Clean -up Day. Staff
Recommendation: Authorize the closing of City Hall
building at 2 p.m. on Friday, May 20, for cleaning of the
facility.
P. Consider Agenda for Town Hall Meeting to be Held May 14
1994. Staff Recommendation: Receive and file the
report.
Q. Consider Development Plan Permit No DP -318 Minor
Modification No. 2 (Fred Kavli) - A modification to
create Temporary Overflow Parking. Staff Recommendation:
Receive and file the report.
The following item was pulled from the Consent Calendar for
individual consideration:
O. Consider Status Report on the Neighborhood Preservation
Program. Staff Recommendation: Receive and file the
report.
Councilmember Montgomery indicated he pulled this item
from the Consent Calendar because of this year's budget
constraints. He indicated that staff should provide a
report to Council on the priorities and hours spent on
those priorities in the Code Enforcement area.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to receive and file the report. The
motion carried by unanimous voice vote.
Minutes of the City Council
Moorpark, California 7 May 4, 1994
9. PUBLIC HEARINGS:
A. Consider Amendments to the Carlsberg Specific Plan and
Draft EIR. Adoption of Resolution No 94- Certifying
the EIR, Amendment to Land Use Element of the General
Plan to Reflect Amended Land Uses. and Amendment of the
City's Zoning Ordinance to Adopt Amended Land Use
Regulations of the Specific Plan as Zoning for the
Property - Carlsberg Financial Corporation. Staff
Recommendation: Adopt Resolution No. 94- Certifying
the Environmental Impact Report inclusive of the project
modification summary and approve the Mitigation
Monitoring Program; 2) Approve the amended Carlsberg
Specific Plan and adopt Resolution No. 94- and findings
and statement of overriding considerations amending the
Land Use Element of the General Plan to reflect the
amended land uses, and 3) Direct staff to prepare an
Ordinance to amend the City's Zoning Regulations in order
to adopt the amended land use regulations of the Specific
Plan as Zoning for the property.
Mr. Porter gave the staff report. He indicated that on
November 10, 1993, the public hearing had been closed
regarding this matter.
Mr. Kueny went over several items regarding which the
staff needed direction from the Council. He said
regarding the active park on Science Drive proposed to be
located in area "C", clarifying language needed to be
written by the City Attorney relative to the required
Quimby contribution. He said that clarification was
needed regarding the ownership of the various Open Space
areas contiguous to the active park. He said a
determination not to grade the ridge between the active
park and the Open Space area needed to be made. He said
this project should be considered relative to the
Citywide traffic mitigation program. He said the
settlement agreement with Carlsberg should be
incorporated as part of the Specific Plan. He said the
impacts of the Hillside and Growth Control Ordinances
should be considered relative to the project.
Ron Tankersley, 2800 28th Street, Suite 200, Santa
Monica, representing Carlsberg Financial, addressed the
Council regarding his letter dated April 29, 1994. He
said Alternative 3 would be infeasible.
Minutes of the City Council
Moorpark, California 8 May 4, 1994
CONSENSUS: By consensus, the Council determined to require
the amenities for the active park as required for a
neighborhood designated park including off street parking,
picnic shelter, and playground.
CONSENSUS: By consensus, the Council determined to require a
dugout for the ball diamond.
AT THIS POINT in the meeting, the Mayor declared a recess.
The time was 9:35 p.m. The Council reconvened at 9:50 p.m.
CONSENSUS: By consensus, the Council determined that the
modifications incorporated as part of the revised Specific
Plan relative to the vernal pool (Area A) are acceptable.
CONSENSUS: By consensus, the Council determined that there
should be public ownership of the Open Space immediately
adjacent to the proposed park; the Council directed staff to
work with the applicant to provide an exhibit showing the
proposed area and ownership.
CONSENSUS: By consensus, the Council determined to add
language regarding the Citywide Traffic Mitigation program to
the mitigation monitoring program for the Specific Plan.
CONSENSUS: By consensus, the Council determined that the
knoll between the active park and the Open Space should be
preserved.
Mr. Tankersley indicated his agreement with the preservation
of the knoll.
CONSENSUS: By consensus, the Council determined that this
project would stand on its own merit and not be subject to the
Hillside Ordinance to be adopted subsequently.
CONSENSUS: By consensus, the Council determined that language
should be inserted into the Sepcific Plan that this project
will be subject to the new growth control ordinance.
CONSENSUS: By consensus, the Council determined that the
pending Settlement Agreement should be incorporated as part of
the Specific Plan.
Minutes of the City Council
Moorpark, California 9 May 4, 1994
MOTION: Mayor Lawrason moved and Councilmember Wozniak
seconded a motion to direct staff to modify the two
resolutions of approval and bring them back to the next
regular meeting for adoption along with an ordinance to amend
the City's zoning regulation in order to adopt amended Land
Use regulation so the Specific Plan as zoning for the
property; also, to bring back the Settlement Agreement for
approval to be included as an exhibit to the Specific Plan.
The motion carried by unanimous roll call vote.
B. Consider a Growth Management Ordinance - A proposal to
adopt a new growth management ordinance that would go
into effect following the expiration of Measure F in
1985. 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.
Mr. Aguilera gave the staff report.
Mayor Lawrason opened the public hearing.
Tom Duffy, 30 Flory Avenue, Superintendent of Moorpark
Unified School District, addressed the Council regarding
the Growth Control Ordinance. He reiterated the points
made in his letter dated May 4, 1994. He stated that the
statutory fee allowed to be imposed on development to
support school facilities was not sufficient. He
indicated that Subsection D of Section 1 in the proposed
ordinance should be carefully constructed regarding
conditioning of projects to pay for school facilities.
In response to Councilmember Perez, Ms. Kane indicated
that if a project is consistent with the General Plan
then a project cannot be denied. She said it is during
the General Plan Update consideration at the time of an
entitlement process that impacts on a school district can
be considered.
In response to Councilmember Perez, Mr. Duffy indicated
that his choice for a new elementary school site would be
on the JBR property.
AT THIS POINT in the meeting, the City Clerk announced that
the time had arrived to reorder the agenda. The time was
11:00 P.M.
Minutes of the City Council
Moorpark, California 10
May 4, 1994
CONSENSUS: By consensus, the Council determined to continue
with the public speakers for Item 9.B., to discuss Items
11.C., 11.F., 11.G. and 11.K. and to continue all other items
to the May 18, 1994 City Council meeting.
Joyce Thompson, 12166 Rivergrove Street, spoke in support
of the proposed growth management ordinance. As a member
of the Measure F Ad Hoc Committee, she explained how they
had constructed the ordinance and arrived at the
allotment figures.
Jim Thompson, 12166 Rivergrove Street, addressed the
Council indicating his support for the proposed Growth
Control Ordinance.
Bob Crockford, 7189 Walnut Canyon Road, addressed the
Council in support of the proposed Growth Control
Ordinance.
Roseann Mikos, 14371 E. Cambridge Street, addressed the
Council in support of the Growth Control Ordinance. She
provided a letter to be copied and given to the Council.
Elizabeth Haines, 15035 Reedly Street, addressed the
Council as a representative of the Environmental
Coalition Moorpark Branch. She spoke in support of the
Growth Management Ordinance.
Clint Harper, 4044 Oak Glen Court, addressed the Council
in support of the Growth Control Ordinance. As a member
of the Moorpark Unified School District Board of
Education, he said he supported Superintendent Duffy's
remarks and indicated that he was in agreement that the
statutory fee allowed to be imposed on development was
not sufficient to meet the school facilities needed.
Janet Murphy, 15308 Seitz Court, addressed the Council in
support of the proposed Growth Management Ordinance.
Councilmember Montgomery indicated his support of an
initiative measure.
In response to Councilmember Wozniak, Mr. Aguilera
indicated that an initial study needs to be done to
determine what kind of environmental document will be
required. He said direction from the Council is needed
on allocation figures.
Minutes of the City Council
Moorpark, California 11 May 4, 1994
CONSENSUS: By consensus, the Council determined to continue
this item to the May 14, 1994 Town Hall meeting; the public
hearing to remain open; the meeting to be televised and the
Council to be seated at floor level rather than on the dais.
10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
No future agenda items were requested. The Mayor made various
announcements and Councilmember Montgomery wished his wife a
Happy Thirtieth Birthday.
11. ACTION /DISCUSSION ITEMS:
A. Consider Appointment to the Planninq Commission to Fill
Unscheduled Vacancy.
This item was continued to May 18, 1994.
B. Consider Exoneration of Bonds for Tract 4081 jColmerl.
Staff Recommendation: Authorize the City Clerk to
exonerate the bonds listed in the report. (Continued Item
11.A. from 4/20/94; Item 11.A. from 4/27/94) New Staff
Recommendation: Continue to May 18, 1994.
This item was continued to May 18, 1994.
C. Consider Public Works Projects Priority List. Staff
Recommendation: It is the recommendation of the Budget
and Finance Committee and staff that the projects listed
in the combined projects list, (Exhibit I) be accepted
for funding by the Moorpark Redevelopment Agency as
recommended in the report with design work to proceed.
(Continued Item 11.F. from 4/20/94; Item 11.F. from
4/27/94)
Mr. Kueny recommended that the Council approve proceeding
with the design for Project D. listed on the Capital
Improvements Project List to include Walnut Street, High
Street, Charles Street; Everett Street, Moorpark Avenue
to Magnolia; Magnolia, Charles Street to Everett Street;
Bard, High Street to Charles Street; Magnolia, High
Street to Charles Street; and E., Landscape and Entrance
Enhancements - Entrance Enhancement, Los Angeles Avenue
and Millard; Entrance Enhancement, Condor and Avenida
Colonia; Nogales and East Los Angeles Avenue; Entrance
Enhancement, Spring Road and Second Street; Entrance
Enhancement, Spring Road and Roberts Avenue; Spring Road
Landscape, West Side; and Poindexter Reconstruction; and
Minutes of the City Council
Moorpark, California 12 May 4, 1994
Lynn Road, Flory, and Goldman Overlay Reconstructions.
The final funding source to be provided in a report to
the Council. The motion carried by unanimous voice vote.
D. Consider Resolution No. 94- Restricting the Parkins
of Unattached Trailers and Semitrailers on City Streets.
Staff Recommendation: 1) Adopt Resolution No. 94-
restricting the parking of unattached trailers and
semitrailers on City streets, and 2) Direct staff to send
a written notice of this action to all registered owners
of trailers who reside within the City (Continued Item
11.F. from 3/2/94).
This item was continued to May 18, 1994.
E. Consider the Need for an Ordinance Regulating the Price
of Emergency Items and Services During a Proclaimed Local
Emergency. Staff Recommendation: Introduce and enact an
ordinance to provide for the regulation of the price of
emergency items and services during an emergency or
disaster for which a proclamation of a local emergency
has been issued.
This item was continued to May 18, 1994.
F. Consider New Date for the Annual Joint Meeting and Review
of the Hillside Ordinance with the Planning Commission.
Staff Recommendation: Direct staff as deemed
appropriate.
CONSENSUS: By consensus, the Council determined to set the
date for the annual joint meeting and review of the Hillside
Ordinance with the Planning Commission to May 25, 1994.
G. Consider Date for Joint Meeting with Parks and Recreation
Commission. Staff Recommendation: Select date for joint
meeting.
This item was continued to May 18, 1994.
H. Consider Five Year Capital Improvement Project Schedule
for Park. Staff Recommendation: Consider Five Year
Capital Improvement Project Schedule for City Parks and
Adopt after Approval of the 1994 -95 Budget.
This item was continued to May 18, 1994.
Minutes of the City Council
Moorpark, California 13
May 4, 1994
I. Consider Probosed Alianment for the Future Extensions of
the Route 23 and Route 118 Freeways. Staff
Recommendation: Direct staff to forward appropriate
comments to Caltrans.
This item was continued to May 18, 1994.
J. Consider Support for SB 1448, Library Services
Assessments. Staff Recommendation: Direct staff as
deemed appropriate.
This item was continued to May 18, 1994.
K. Consider Status Report of 1993194 Objectives and Consider
1994/95 Goals and Objectives. Staff Recommendation:
Continue to the May 14, 1994 Town Hall Meeting.
CONSENSUS: By consensus, the Council determined to approve
the staff recommendation to continue this item to the May 14
Town Hall Meeting.
12. ORDINANCES:
None.
13. CLOSED SESSION:
MOTION: Councilmember Hunter moved and Councilmember Perez
seconded a motion to adjourn to Closed Session for a
discussion of 13.E., Conference with Legal Counsel - Existing
Litigation pursuant to Subdivision (a) Government Code Section
54956.9. Name of Case: Conejo Freeway Properties, Ltd. vs.
City of Moorpark. The motion carried by unanimous voice vote.
AT THIS POINT in the meeting a recess was declared. The time
was 11:55 p.m. The Council reconvened into Closed Session at
12:01 a.m. Present in Closed Session were all Councilmembers;
Steven Kueny, City Manager; Richard Hare, Deputy City Manager;
Cheryl Kane, City Attorney.
The Council reconvened into Open Session at 12:10 a.m.
Mr. Kueny stated there was no action to report out of
Closed Session and only Item 13.E. had been discussed.
Minutes of the City Council
Moorpark, California 14 May 4, 1994
15. ADJOURNMENT:
Mayor Lawrason adjourned the meeting at 12:10 a.m.
ATTEST:
Lillian E. Hare, City C1
:I �(o� t/ �
Paul W. Laisfason Jr., Mayor