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HomeMy WebLinkAboutMIN 1994 0706 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California July 6, 1994 A Regular Meeting of the City Council of the City of Moorpark was held on July 6, 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 7:25 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Perez. 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; Christine Adams, Director of Community Services; Jim Aguilera, Director of Community Development; Lieutenant Marty Rouse, Sheriff's Department; Ken Gilbert, Director of Public Works; Cheryl Kane, City Attorney; Mary Lindley, Assistant to the City Manager; Charles Abbott, City Engineer; Dirk Lovett, Assistant City Engineer; Paul Porter, Senior Planner; Lillian Hare, City Clerk; and Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Proclamation for July as National Parks and Recreation Month. Mayor Lawrason read the proclamation. B. Recognition of Moorpark Girls Softball for Donating Field Improvements to Mountain Meadows Park. Mayor Lawrason presented a Certificate of Appreciation to Jane Hatton and Ken Bentley. They were also presented a softball signed by all the Councilmembers. C. Introduction of New Maintenance Worker I, Mike Palmer. Mayor Lawrason introduced Mr. Palmer. 0006 Minutes of the City Council Moorpark, California Page 2 July 6, 1994 AT THIS POINT in the meeting, the Council recessed and the Redevelopment Agency was convened. The time was 7:32 p.m. The City Council reconvened at 7:35 p.m. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mr. Kueny requested that Item 11.A. and 11.K. be heard prior to the public hearing items. CONSENSUS: By consensus, the Council determined to hear items 11.A. and 11.K. prior to the public hearings. 6. PUBLIC COMMENT: Barbara Williamson, 1775 Cochran Street, Suite M, Simi Valley, spoke as Vice President of Simi Valley Bank. She requested that the City of Moorpark consider soliciting bids for its banking needs. In response to Ms. Williamson's request, Councilmember Montgomery requested that consideration of this item be placed on a future Budget and Finance Committee agenda. Jim Jackson, 12101 Cherrygrove Street, requested that the City Council waive the rental fees for the Kiwanis to use the softball fields for their upcoming softball tournament. 7. COMMITTEE REPORTS: Councilmember Montgomery reported on the latest Ventura County Waste Commission meeting which he had attended and said the Council would receive a box item regarding the meeting. 8. CONSENT CALENDAR: MOTION: Councilmember Hunter moved and Councilmember Montgomery seconded a motion to pull items 8.F., 8.G., 8.J. and 8.0. and to adopt the balance of 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 City Council Meeting of June 15, 1994. Approve minutes as processed. 00017 Minutes of the City Council Moorpark, California Page 3 July 6, 1994 B. Consider Approval of the Warrant Register. Manual Warrants 23363 - 23364; 23476 -23480 $ 341,202.82 Regular Warrants 23481 -23646 $ 433,542.46 Staff Recommendation: Approve the Warrant Register. C. Consider Lot Line Add ustment No. 94 -1 to Tract 4341 (Belmont) on the Application of Urban West Communities. Staff Recommendation: Receive and file the report. D. Consider Resolution 94 -1047. Establishing the Name of Villa Campesina Park for Park Site South of Liberty Bell and Juarez Streets. Staff Recommendation: Adopt Resolution 94 -1047. E. Consider Acceptance of Ventura County Area Agency on Acting (VCAAA) Title 3 Grant for Senior Coordinator. Staff Recommendation: Accept grant in the amount of $8000 for 1994 -95 FY, and direct the City Manager to sign all relevant contracts with VCAAA. H. City Manager Approved Contract (AGI) for Soils Engineering Services Required for Slope Restoration at Tract 3049. Staff Recommendation: Receive and file the report. I. City Manager Approved Contract (Sam Hill & Sons) for the Construction of Street Lighting Conduit on Spring Road South of the Arroyo Simi. Staff Recommendation: Receive and file the report. K. Consider Authorizing Recordation of Notice of Completion for the Construction of the Arroyo Vista Recreation Center Buildings (Tri -Build Development. Inc.). Staff Recommendation: 1) Accept the work as completed; 2) Authorize 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, satisfactory resolution of the late project delivery as determined by the City Manager, and clearance of the thirty -five (35) day lien period. 0001.8 Minutes of the City Council Moorpark, California Page 4 July 6, 1994 L. Consider Approval of Certificates of Acceptance for Two Easement Deeds (Jencek & Miranda) for the Construction of a Storm Drain between Moorpark Avenue and Flory Avenue. Staff Recommendation: Approve the Certificates of Acceptance and authorize the City Clerk to record the subject Easement Deeds. M. Consider Approval of a Request for Proposals (RFP) for Civil Engineering Services to Prepare Plans and Specifications for a Project to Reconstruct the Spring Road Bridge. Staff Recommendation: Authorize staff to distribute the RFP to selected civil engineering firms. N. Consider Opposition to AB 3116 Exempting Schools From Paying Solid Waste Franchise Fees. Staff Recommendation: Oppose AB 3116 and direct the Mayor to communicate the City position to the appropriate State legislators and legislative committees. P. Consider Support for the City of Palmdale's Proposition 172 Amendment Request. Staff Recommendation: That the City Council support the City of Palmdale's request and direct the Mayor to prepare a letter to the City's State representatives urging their support for amendments to Proposition 172. Q. Consider a Three Year Cooperative Agreement between the City and the County to Participate in the Urban County Community Development Block Grant ("CDBG1°) Program. Staff Recommendation: City Council authorize the Mayor to execute the three year Cooperative Agreement for the period of 1995 through 1997, allowing the City to continue its participation in the Urban County CDBG program. R. Consider Approval of National Pollutant Discharge Elimination System (NPDES) Permit. Staff Recommendation: Receive and file the report. 0 001 9 Minutes of the City Council Moorpark, California Page 5 July 6, 1994 The following items were pulled from the Consent Calendar for individual consideration. F. Consider Award of Contract for Conceptual Landscape Design for Downtown Park Site. Staff Recommendation: Award bid to Harris & Associates for $5,400 to provide conceptual landscape design for downtown park site. In response to Councilmember Hunter, Ms. Adams indicated that the additional $6,000 identified in the staff report was for a noise and lighting analysis if deemed necessary. MOTION: Councilmember Hunter moved and Councilmember Perez seconded a motion to approve the staff recommendation to award the bid to Harris & Associates for $5,400 as proposed to provide conceptual landscape design for downtown park site; and if the City, at its sole discretion, upon review of the conceptual design desires a noise and lighting analysis that Harris & Associates will provide the analysis in a manner determined necessary by the Director of Community Development for an environmental analysis, not to exceed $6,00C. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. G. Consider Report by Certified Arborist Regarding Condition of High Street Pepper Trees and Recommendation to Remove Two Mature Pepper Trees. Staff Recommendation: Direct staff to remove two historical pepper trees on High Street as referenced in the report, and to replace these trees with new pepper trees. In response to Councilmember Hunter, Ms. Adams indicated that staff was going to continue a spraying schedule as a preventative measure. Mayor Lawrason said that the removal of these trees on High Street is an emotional issue for the City. He said the Arborist is reputable and we believe the pepper trees need to be removed and replaced although it was not an easy decision to make. He said the trees have hollow centers and are dangerous. MOTION: Councilmember Hunter moved and Councilmember. Perez seconded a motion to direct staff to remove two historical pepper trees on High Street as referenced in the attachment to the report dated June 24, 1994 and to replace these trees with new pepper trees. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. 00020 Minutes of the City Council Moorpark, California Page 6 July 6, 1994 J. Consider Resolution No 94- Establishing Certain Parking Restrictions on the South Side of Los Angeles Avenue Between Moorpark Avenue and Park Lane. Staff Recommendation: Adopt Resolution No. 94- Councilmember Hunter requested that this item be continued since Councilmember Wozniak was not present. MOTION: Councilmember Hunter moved and Councilmember Montgomery seconded a motion to continue this item to July 20, 1994. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. O. Consider Joining Amicus - Tobe, et al vs. City of Santa Ana - (Municipal Determination of Homeless Population's Right to Camp, Live, and Conduct "life- sustaining" Activities in Public Places). Staff Recommendation: Authorize amicus participation. Councilmember Perez said it would be helpful if the City Attorney would review amicus requests. He said he was somewhat concerned with this amicus which was seeking the reversal of a decision by the Court of Appeals. Councilmember Montgomery suggested that the City not act on this item, but allow it to "wind its way through the courts." MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to receive and file the report. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. 11.A. Consider Report on the Use of Alternative Fuels for Cit Vehicles. Staff Recommendation: 1) Determine that conversion to CNG is not cost effective at present time; 2) Direct staff to present a subsequent Alternative Fuels Report in 1 -2 years. (Continued Item 11.J. from 6/15/94) Mr. Troche gave the staff report. Councilmember Perez stated that he preferred Option No. 1 in the staff report to determine that the conversion to CNG is not cost effective at present and to direct staff to present a subsequent alternative fuel report in 1 - 2 years. 00021 Minutes of the City Council Moorpark, California Page 7 July 6, 1994 Councilmember Montgomery indicated his concurrence with Councilmember Perez. He said in addition to the analysis to be completed in 1 - 2 years, the City should analyze alternative fuel as a possible alternative when a new vehicle is to be purchased. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the staff recommendation to determine that conversion to CNG is not cost effective at the present time and to direct staff to present a subsequent Alternative Fuels Report in 1 - 2 years; to explore savings in collaboration with fuel stations if the opportunity arises; to analyze the possibility of buying an alternative fuel vehicle when a new vehicle is to be purchased. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. In response to Mr. Kueny, the Council confirmed that the new utility vehicle to be purchased should be analyzed to determine if it should be an alternative fuel vehicle. 11.K. Consider Redesign of the Dorothy Wall Project. Staff Recommendation: Approve the redesign of the Dorothy Wall Project, reject all previous bid proposals, and authorize staff to distribute new bid specifications. Ms. Lindley gave the staff report. MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to rescind its earlier action of awarding the Dorothy Wall project to Pacific General; to reject all bids; to approve the modified Dorothy Wall specifications, and to direct staff to solicit new bid proposals. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. 00022 Minutes of the City Council Moorpark, California Page 8 July 6, 1994 9. PUBLIC HEARINGS: A. Consider Amendments to the Carlsberg Specific Plan and Draft EIR. Resolution No. 94- 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: Review and approve the amended Carlsberg Specific Plan as amended and adopt the Resolution No. 94- and findings amending the Land Use Element of the General Plan to reflect the amended land uses and introduce for first reading the 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; and Adopt the attached Resolution Certifying the Environmental Impact Report. (PUBLIC HEARING IS CLOSED) Mr. Kueny recommended that this item be continued to July 20, 1994. MOTION: Councilmember Montgomery moved and Councilmember Hunter seconded a motion to continue this item to July 20, 1994. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. B. Consider Proposed Standards for the Operation of Large Family Day Care Homes in Residential Area. Staff Recommendation: 1) Open the public hearing, take public testimony, and close the hearing; 2) Determine the proposed amendment to the City's Zoning Ordinance is exempt from the California Environmental Quality Act; 3) Review the Draft Ordinance and direct staff to make any Council directed changes; 4) Direct staff to have the City Attorney review the draft ordinance. Mr. Porter gave the staff report. In response to Councilmember Hunter, Mr. Aguilera said he did not expect that the City would be proactive in inspecting permits. He said the City would respond on an as needed basis to complaints. He further clarified that the ordinance does not specify the period during which the permit is valid. He said the City permit would be good unless revoked. 00023 Minutes of the City Council Moorpark, California Page 9 July 6, 1994 In response to Councilmember Montgomery, Mr. Aguilera summarized that a zoning clearance permit would cost $39 and it would be between $160 - $400 for the permit process. In response to Councilmember Perez, Mr. Aguilera said the City had not received complaints regarding operation of day care facilities. Mayor Lawrason indicated his hope that the City was not moving towards over regulation of this matter. Mayor Lawrason opened the public hearing. Geri Fineroff, 1635 Kent Place, Thousand Oaks, spoke in opposition to day care regulation. Alex Sharki, 4277 N. Granadilla Drive, spoke as a day care facility operator. He indicated that he is opposed to the proposed regulation and will plan to circulate a petition if the regulation is approved. Camille Eastin, 300 Rolling Oaks Drive, Suite #300, Thousand Oaks, spoke representing the Conejo Valley Family Childcare Association. She spoke in opposition to day care facility regulation. Gail Sharki, 4277 N. Granadilla Drive, spoke as Vice President of the Conejo Childcare Association and a day care facility operator. She spoke in opposition to the day care facility ordinance. Eloise Brown, 13193 E. Annette Street, commented on the hearing notice distance requirement contained within the proposed regulation. She said the 100 foot requirement does not prohibit notification extending beyond that limit and that neighbors deserve to know how many children are going to be in the neighborhood at day care facilities. Councilmember Montgomery read a letter from Senator Cathie Wright in opposition to local control of day care facilities. Councilmember Perez indicated that he lived in the same tract as the Sharki's. He said there is no problem in the City with these day care facilities. 00024 Minutes of the City Council Moorpark, California Page 10 July 6, 1994 Councilmember Montgomery said he will concur with Councilmember Perez to let this ordinance drop if that is Councilmember Perez's is intent. He said he sees no real need for the ordinance. Mayor Lawrason closed the public hearing. Councilmember Montgomery moved and Councilmember Perez seconded a motion to table the item. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. 11. ACTION /DISCUSSION ITEMS: B. Consider Appointments to the Teen Council. Staff Recommendation: Appoint Teen Council members as presented and consider appointments for balance of Teen Council at a future meeting. (Continued Item 11.X. from 6/15/94) Mayor Lawrason indicated that eight names have been received as applicants for the teen council. NOMINATION: Mayor Lawrason moved to appoint and Councilmember Montgomery seconded the appointment of Stephanie Bowman, Jennifer McGowan, Kyle Thompson, Jason Symchak, Tara Corzine, Allison Devers, Jessica Devers, Kerri Moran. The nomination passed by voice vote 4 -0, Councilmember Wozniak absent for the vote. AT THIS POINT in the meeting, a recess was declared. The time was 9:30 p.m. The Council reconvened at 9:50 p.m. 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Lawrason announced the Concert in the Park for July 10. He also indicated that the Arroyo Vista Recreation Center is open to the public and noted the hours of operation. 00025 Minutes of the City Council Moorpark, California Page 11 July 6, 1994 11. ACTION /DISCUSSION ITEMS: C. Consider the Cultural Heritage Ordinance to be Codified as Title 15, Entitled Buildings and Construction Chapter 15.28, Entitled Historic Preservation of the Moorpark Municipal Code. Staff Recommendation: 1) Approve the Financial Incentive Resolution, to be effective the date that the Historic Preservation Ordinance is effective, in order to encourage the preservation of historic resources within the City; 2) Introduce for first reading and waive full reading of the ordinance to be codified as Title 15, entitled Buildings and Construction, Chapter 15.28, entitled Historic Preservation, of the Moorpark Municipal Code. (Continued Item 11.N. from 6/15/94) Mr. Aguilera gave the staff report. Councilmember Hunter suggested that this matter should be referred back to the Planning Commission as the draft ordinance had changed since the Planning Commission last reviewed it. Gerry Goldstein, 11932 Los Angeles Avenue, addressed the Council regarding his belief that his previous house had been an historical building. MOTION: Councilmember Hunter moved and Councilmember Perez seconded a motion to refer this matter back to the Planning Commission for review of the draft ordinance. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. D. Consider Status Report of 1993/94 Objectives and Consider 1994/95 Goals and Objectives. Staff Recommendation: Direct staff as deemed appropriate. (Continued item.) CONSENSUS: By consensus, the Council determined to continue this matter to the Town Hall Meeting of July 9, 1994. E. Consider City Flag Finalists. Staff Recommendation: Direct staff as deemed appropriate. (Continued Item 11.Q. from 6/15/94) Ms. Hare gave the staff report. CONSENSUS: By consensus, the Council determined to continue this matter to July 20, 1994. 00026 Minutes of the City Council Moorpark, California Page 12 July 6, 1994 F. 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.) CONSENSUS: By consensus, the Council determined to continue this matter to the Town Hall Meeting of July 9, 1994. G. Consider Appeal No. 94 -4 of Approval for Minor Modification No. 9 to CPD 89 -2 (Mission Bell Plaza) on the application of Ventura Pacific Capital Group VI and K -Mart Corporation. Staff Recommendation: Deny the Appeal of Condition No. 1 and approve the appeal with respect to the proposed relocation of the monument sign. Mr. Porter gave the staff report. He said that regarding the applicant's request for newspaper racks along the Carl's Jr. drive through, staff had changed their mind and determined that it would not unnecessarily clutter the area. David A. Ghirardelli, 1981 Marview Drive, Thousand Oaks, addressed the Council regarding the newsracks. He said forty percent of the clientele at Carl's Jr. is drive through clientele and that these newsracks are for that drive through clientele. He indicated that they would also be willing to paint the newsracks. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the staff recommendation as amended in the staff report to allow the newsracks for the Carl's Jr. on the west building elevation, but deny them in front of K -Mart; and to approve the appeal with respect to the proposed relocation of the monument sign. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. H. 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: Deny the Appeal. Mr. Porter gave the staff report. In response to Mayor Lawrason, Mr. Porter indicated that Caltrans has the final determination as far as median construction is concerned. Mr. Aguilera indicated that Caltrans' concern is the type of median being considered for placement in this location. He indicated that eventually, when the City talks to Caltrans concerning the use of Area of 00027 Minutes of the City Council Moorpark, California Page 13 July 6, 1994 Contribution funds for the construction of the full width median at its ultimate location, that Caltrans will be cooperative. He said they want a more extensive median rather than just the frontage of this property. CONSENSUS: By consensus, the Council determined to waive their rules of procedure and receive late information. The City Clerk gave the Council two documents provided by the applicant, one a letter to A &S Engineering Services from the Department of Transportation and the other a letter to Ahmad Ghaderi from Linscott, Law and Greenspan, Engineers. Larry Turner, 5850 Canoga Avenue #300, Woodland Hills, spoke representing Shell Oil Company. He said his organization wants to obtain approval for the removal of the curb at Park Lane. Jack Greenspan, 106 S. Mentor, Pasadena, spoke representing Linscott, Law and Greenspan. Mr. Greenspan provided the footage specifications for the location of the proposed driveway exit from the Shell Station onto Park Lane. Mayor Lawrason said he would have a concern with a left turn from Los Angeles Avenue into this facility. Councilmember Montgomery suggested continuing this item for two weeks to review the information provided to the Council and to do a site review and allow an opportunity to review the diagram. Councilmember Perez said he concurred with Councilmember Montgomery. He said he also was concerned because of the potential for danger with the left hand turn. Councilmember Hunter said this similar situations concerning left hand turns exists elsewhere in the City. He said he would request that Lieutenant Rouse review any incidence of accidents at similar sites, for example, McDonalds, the Town Center, Chevron, Union Oil and the Topa center. These are areas that have similar turning movements. 0 0 ()28 Minutes of the City Council Moorpark, California Page 14 July 6, 1994 MOTION: Councilmember Montgomery moved and Councilmember Hunter seconded a motion to continue this matter to August 17; Lieutenant Rouse to evaluate the previously mentioned locations with regard to accidents because of the turning movement. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. I. Consider Revisions to the City Park Naming Policy. Staff Recommendation: Direct staff as deemed appropriate. CONSENSUS: By consensus, the Council determined to continue this matter to July 20, 1994. J. Consider Waiver of Park Rental Fees for Moorpark Kiwanis Club Softball Tournament. Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny gave the staff report. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the waiver of fees for the Moorpark Kiwanis Club's Annual Softball Tournament to be held Saturday and Sunday, September 24 and 25, at Peach Hill, Mountain Meadows and Campus Canyon Parks from 7 a.m. - 7 p.m.; the waiver to include required deposits as well as use of bases, field drag, line hoses and landscape rakes. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. 12. ORDINANCES: None. 13. CLOSED SESSION: MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adjourn to Closed Session for a discussion of Item 13.E. 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 voice vote 4 -0, Councilmember Wozniak absent for the vote. 00029 Minutes of the City Council Moorpark, California Page 15 July 6, 1994 AT THIS POINT in the meeting, a recess was declared. The time was 11:03 p.m. The Council reconvened in Closed Session at 11:10 P.M. Present in Closed Session were all Councilmembers but Councilmember Wozniak, Steven Kueny, City Manager; Richard Hare, Deputy City Manager; and Cheryl Kane, City Attorney. The Council reconvened into Open Session at 11:19 p.m. Mr. Kueny stated there was no action to report out of Closed Session and only Item 13.E. had been discussed. 14. ADJOURNMENT: Mayor Lawrason adjourned the meeting at 11:19 p.m. Paul Vt. Lawr on Jr., ayor ATTEST: 00030