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HomeMy WebLinkAboutMIN 1994 0720 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California July 20, 1994 A Regular Meeting of the City Council of the City of Moorpark was held on July 20, 1994 in the Council Conference Room of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Lawrason called the meeting to order at 7:19 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Wozniak. 3. ROLL CALL: Present: Councilmembers Hunter, Montgomery, Perez, Wozniak and Mayor Lawrason Staff Present: Steven Kueny, 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; Debbie Traffenstedt, Senior Planner; Don Reynolds, Administrative Services Manager; Steve Hayes, Economic /Redevelopment Manager; Paul Porter, Senior Planner; and Lillian Hare, City Clerk 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Presentation of the 1994 Ventura County Fair Poster. Mayor Lawrason accepted the Fair Poster from Charles Schwabauer. B. Recognition of VideoMax, Ventura County Cablevision, and Kavlico for Library Telethon Support. Supervisor Vicky Howard presented a certificate of recognition to Michael Kam of VideoMax and recognized the efforts of Ventura County Cablevision and Kavlico. C. Recognition of Timothy Lee Bryan for Achieving the Award of Eagle Scout. Mayor Lawrason said that Tim Bryan was out of town and will be honored at the next City Council meeting. 00031 Minutes of the City Council Moorpark, California Page 2 July 20, 1994 D. Presentation of engraved clock to Steven Kueny, City Manager, on his 10th Anniversary as City Manager. Mayor Lawrason presented a clock inscribed in recognition of Mr. Kueny's 10 years as City Manager of the City. Mr. Kueny thanked the Mayor and recognized his wife for her support. AT THIS POINT in the meeting, the Mayor declared a recess in order to convene the Redevelopment Agency. The time was 7:24 p.m. The Council reconvened at 7:45 p.m. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Wozniak requested that the Council agenda be reordered. CONSENSUS: By consensus, the Council determined to reorder the public hearings to be heard in the following order -- 9.B., 9.C. and then 9.A. CONSENSUS: By consensus, the Council determined to continue all the action /discussion items but 11.A., 11.F. and 11.G. Mr. Kueny indicated that there was nothing new to report to the Council on Item 11.E. 6. PUBLIC COMMENT: John Newton, 165 High Street, representing the Mayflower Market, addressed the Council. He indicated that his client was in agreement with the staff report and recommendation. Jim Hartley, 5950 Gabbert Road, addressed the Council regarding the County's consideration of an RFP for a golf course on a portion of the Happy Camp Regional Park. He indicated his concern that this project was being "fast tracked ". In response to Council question, Ms. Traffenstedt indicated that it did seem this project was being "fast tracked ". 00032 Minutes of the City Council Moorpark, California Page 3 July 20, 1994 In response to Council question, Mr. Kueny responded that the City should be part of the process and that the City Attorney had determined that there was immediate need for action and a discussion of this matter could be added to the agenda. MOTION: Councilmember Montgomery moved and Councilmember Hunter seconded a motion to add as action /discussion Item 11.K., consideration of the County's proposal to request an RFP for a golf course in Happy Camp Regional Park, the need to take immediate action having arisen since the posting of the agenda. The motion carried by unanimous voice vote. Kevin Maucob, 13906 Keisha Drive, spoke in support of the Warmington project. He said also that he was against the Carlsberg project being exempted from the Citv's consideration of an extension of Measure F. Eloise Brown, 13193 Annette Street, addressed the Council regarding the rising cost of water bills and asked the Council to protest the proposed increase. Ethel Sulkis, 270 Sierra Avenue, addressed the Council regarding the Gisler field project and asked the Council to keep her concerns in mind. Supervisor Vicky Howard, 5507 Indians Hills Drive, Simi Valley addressed the Council regarding the Highway 118 railroad crossing just outside the City limits. She said Highway 118 is not a County road and the problem with the railroad crossing rests with Southern Pacific Railroad, who have not been cooperative in repairing the railroad crossing. She said she has been able to convince Caltrans to start working on the repair of the road which will start in about four months. Councilmember Montgomery responded that concrete rather than rubber would be the best material to use in solving the problem with the railroad crossing. He also said, if possible, the highway should be straightened. James Motuja, 10951 E. Los Angeles, representing American Products, addressed the Council and explained that part of the building they were occupying was being subleased and therefore one of the signs facing east was not on the end of the building as required in the Minor Modification. He requested information on appealing the decision and was informed by staff that he had until Friday to file an appeal. 00033 Minutes of the City Council Moorpark, California Page 4 July 20, 1994 David Caury and Kim Wilson, 1745 Patricia, Simi Valley, addressed the Council and read a letter regarding the death in front of the Villa del Arroyo Mobile Home park of Mr. Caury's mother in a car accident. He requested that the Council place a stop sign in front of the mobile home park. Bill Poleri, 6863 Trojan Court, addressed the Council and indicated that the Reagan Library flier for Moorpark day said "Moopark ". 7. COMMITTEE REPORTS: Councilmember Montgomery reported on the Animal Regulation meeting held on July 14. He indicated that a box item would be provided to the Council. He also reported on the latest East County Waste Task force meeting he attended. 8. CONSENT CALENDAR: MOTION: Councilmember Hunter moved and Councilmember Perez seconded a motion to pull Items 8.A., the Minutes of the Special City Council meeting of July 6, 1994, and 8.L. and to approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of the Regular City Council Meeting of June 1. 1994. Consider Approval of Minutes of the Regular City Council Meeting of June 15, 1994. Approve minutes as processed. B. Consider Approval of the Warrant Register. Fiscal Year 1993 -94 Manual Warrants Regular Warrants Fiscal Year 1994 -95 Manual Warrants 23653 23660 - 23726 23647 - 23652, 23654 -23656 $ 312.01 $328,545.99 $226,403.63 Regular Warrants 23727 -23755 46,249.13 Staff Recommendation: Approve the Warrant Register. 00034 Minutes of the City Council Moorpark, California Page 5 July 20, 1994 C. Consider Minor Modification Number 4 to Development Permit Number 302 (American Products). Staff Recommendation: Receive and file the report. D. Consider Exoneration of the Landscaping, and Encroachment Permit Bond for the Holy Cross Catholic Church. Staff Recommendation: 1) Accept the landscaping, irrigation, and fine grading improvements for the Holy Cross Catholic Church as complete, and 2) Authorize the City Clerk to exonerate the bond. E. Consider Approval of the Granting to Caltrans of Additional Street Right -of -Way at the Northeast Corner of the Civic Center Property as Required for a Project to Widen Walnut Canyon Road in the Vicinity of Wicks Road and Casey Road. Staff Recommendation: 1) Accept the offer by Caltrans of the payment of $2,300 for the purchase of the property generally described in Exhibit 1 of the staff report; and 2) Authorize the Mayor to execute the Grant Deed and other documents related to said sale. F. Consider Authorization to Advertise for the Receint of Bids for a Project to Make Minor Repairs and Apply a Type II Slurry Seal to Tierra Rejada Road. Staff Recommendation: 1) Approve the plans and specifications; 2) Authorize staff to adjust the scope of work as described in the staff report subsequent to the completion of pavement analysis; and 3) Authorize staff to advertise for receipt of bids upon determining the final Scope of Work. G. Consider City Manager Approved Contract for "David Pier's Full Spectrum Jazz Orchestra" for Summer concert on July 10, 1994. Staff Recommendation: Receive and file the report. H. Consider Citv Manager Approved Contract for "Cache Valle Drifters" for Summer Concert on July 31 1994. Staff Recommendation: Receive and file the report. I. Consider City Manager Approved Contract for "Sapadilla" for Summer Concert on August 14 1994. Staff Recommendation: Receive and file the report. 00035 Minutes of the City Council Moorpark, California Page 6 July 20, 1994 J. Consider Adjustment to Teen Council Guidelines. Staff Recommendation: Increase number of members from seven (7) to nine (9) on Teen Council and amend Teen Council Guidelines appropriately. K. Consider City Manager Approved Contract (Copierline) - Annual Service Agreement for the Canon NP2020 Copy Machine. Staff Recommendation: Receive and file the report. M. Consider Resolution 94 -1049, Establishing Approval of Police Services Fees for 1994/95, and Repealing Resolution 93 -921. Staff Recommendation: Adopt Resolution No. 94 -1049, establishing procedures for the review and approval of Police Services Fees and repealing Resolution 93 -921. N. Consider City Manager Approved Contract - Express Mailing and Equipment Co., Inc. /Ascom Hassler Postage Machine Service Agreement. Staff Recommendation: Receive and file the report. O. Consider Resolution 94 -1050, Establishing the Salaries for Competitive Service, Non - competitive Service, and Hourly Employees; and Rescinding Resolution 94 -1038. Staff Recommendation: Adopt Resolution No. 94 -1050. P. Consider Opposition of Assemblv Bill 2876. Preemption of Local Alarm Ordinances. Staff Recommendation: That the City Council oppose AB 2876, Preemption of Local Alarm Ordinances, and direct the Mayor to communicate the City's opposition to the appropriate State legislative representatives and committees. Q. Consider Support for Senate Bill 302, Graffiti Abatement. Staff Recommendation: That the City Council support SB 302, Graffiti Abatement, and direct the Mayor to communicate the City's support to the appropriate State representatives and legislative committees. R. 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: Receive and file the report. 00036 Minutes of the City Council Moorpark, California Page 7 July 20, 1994 S. Consider Appropriation of $6,200 from the Affordable Housing Fund (22) for Additional Expenses for the First Time Home Buyer Program for Tract 3963. Staff Recommendation: Approve appropriation of $6,200 from the Affordable Housing Fund (22) for continuing Program expenses. The following items were pulled from the Consent Calendar for individual consideration. Consider Approval of Minutes of the Special City Council Meeting of July 6. 1994. Councilmember Wozniak indicated he would be abstaining from voting as he was not in attendance at the meeting. MOTION: Councilmember Hunter moved and Councilmember Perez seconded a motion to approve the minutes of the Special City Council meeting of July 6, 1994. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. L. Consider Use of CDBG Earthquake Funds For Mayflower Market Design. Staff Recommendation: Grant $50,000 to owner for architectural and engineering services, and other professional services as described in the staff report. Mr. Reynolds gave the staff report. He explained that his staff recommendation, part 6.A., should be changed from $50,000 to $48,400. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to approve the staff recommendation as set forth in the staff report dated July 14, 1994 as amended this evening by Mr. Reynolds to change part 6.A. to $48,000. The motion carried by unanimous roll call vote. 9. PUBLIC HEARINGS: B. 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 00037 Minutes of the City Council Moorpark, California Page 8 July 20, 1994 preparation of an Initial Study and the scheduling of a subsequent City Council public hearing. (PUBLIC HEARING REMAINS OPEN) Mayor Lawrason indicated that the public hearing remains open. Dr. Clint Harper, 4044 Oakglen Court, addressed the Council regarding the growth control ordinance. He said Carlsberg should not be exempted from the growth control ordinance. He requested the Council consider placing an extension of the growth control measure on the ballot this year. Bob Crockford, 7189 Walnut Canyon Road, addressed the Council regarding the growth control ordinance and criticized the process for drafting the ordinance. Dee Zinke, 24005 Ventura Blvd., Calabasas, addressed the Council as spokesperson for the Building Industry Association. She said because this meeting was to last very late into the evening she had not brought Industry experts to give testimony but said that if after reviewing her comments in the letter dated July 20, 1994, the City would like to have a future meeting with a panel of experts, she would be delighted to coordinate something. She expressed that the City's general plan had been revised to effectively map out the future development of Moorpark and that a growth control ordinance was not needed. Councilmember Wozniak suggested continuing this matter to the August 3 City Council meeting; the public hearing to remain open. He requested that Dee Zinke arrange for the individuals with specialties in funding to be present at the meeting. MOTION: Councilmember Hunter moved and Councilmember Wozniak seconded a motion to continue this item to August 3, 1994 with the public hearing open; to request the City Attorney to provide an analysis of the City of Oceanside decision and its implications or nonapplicability to growth control in the City of Moorpark. The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 9:20 p.m. The Council reconvened into open session at 9:50 p.m. 00038 Minutes of the City Council Moorpark, California Page 9 July 20, 1994 C. Consider Resolution No. 94 -1051 Approving Major Modification Number 3 (Filed by Warmington Homes) to Residential Planned Development Permit Number 1041 (Tract 3963 -4 [Phase 41) for the Construction of 87 Single - Family Homes within Campus Hills - Moorpark. Staff Recommendation: 1) Open the public hearing and receive public comment; 2) Adopt Resolution No. 94 -1051 approving Major Modification No. 3 with Conditions of Approval, and 3) Direct staff to prepare a Resolution of Approval to be presented to the City Council at the Council meeting of August 3, 1994. Mr. Aguilera gave the staff report. Mayor Lawrason opened the public hearing. Bob McClaire and Chuck Fuhr, 29800 Agoura Road, Agoura, spoke representing Warmington Homes. They addressed the points in their letter to Kathleen Mallory- Phipps dated 7/20/94: 1) Their position concurred with the Homeowners Association regarding the timing for completion of the recreation center; 2) That they propose to complete all common area landscaping and fencing before or coincident with the zone clearance for occupancy inspection required for the first house of that phase; 3) In lieu of a trail system, they would like to provide approximately $15,700 of additional amenities for the recreation center; 4) Warmington Homes to complete all public improvements within the tract boundaries of the 87 units of Tract 3963 -4 only; 5) With regard to the conditions for Major Mod. 3, item numbers 23 and 24, Warmington Homes can only be responsible for those conditions and bond obligations applicable to the 87 units in Tract 3963 -4. Steve Carr, 15441 Mallory Court, addressed the Council as the President of the Campus Hills Homeowners Association. He said they are in support of the Warmington Homes application. He said they would like the roof tiles to match the color of the current tiles. He also indicated that they would prefer the recreation center to be completed in June of 1995. Steve Bohnert, 15295 Monroe Avenue, addressed the Council in support of the Warmington Homes project. Richard Evans, 15588 Mallory Court, addressed the Council 00039 Minutes of the City Council Moorpark, California Page 10 July 20, 1994 in support of the Warmington Homes project. Vicki Wall, 15564 Mallory Court, addressed the Council in support of the Warmington Homes project. Tom Sebany, 15559 Mallory Court, addressed the Council in support of the Warmington Homes project but said he did not like the planters in the driveway and asked that those be deleted from the project. Mike Leckrone, 15529 Mallory Court, addressed the Council in support of the Warmington Homes project but said he does not like the brick accents and requested that the accents be minimized. He also indicated that he would like the recreation facility to be completed no earlier than June 1, 1995. Lina Santelli, 15549 Doris Court, addressed the Council in support of the Warmington Homes project. She indicated, however, that she did not like the brick median in the driveways nor the brick trim. Ethel Sulkis, 270 Sierra Avenue, addressed the Council. She requested that the same consideration being given to the residents of Campus Hills relative to the Warmington Homes projects be given to those living near Gisler field when it develops. Robert Migliore, 15522 Mallory Court, waived his right to speak saying his concerns had already been addressed. Ted Martens, 15749 Swift Place, waived his right to speak, indicating his opinions had been expressed by the other speakers. George Savic, 15576 Mallory Court, addressed the Council in support of the Warmington Homes project. He indicated he supported the 20% not 10% flexibility in model types as requested by Warmington Homes. Mayor Lawrason closed the public hearing. Mayor Lawrason indicated that the areas of concern expressed by the public speakers were 1) the landscaping planter in the driveway; 2) the roof tile color; 3) the timing for the completion of the recreation center. In response to Council question, Mr. Kueny indicated that the City's only concern relative to bonding was for phase 00040 Minutes of the City Council Moorpark, California Page 11 July 20, 1994 4 of the project. Councilmember Wozniak said the project should contain a condition regarding fireplace terminations. He said the City should work with the developer so that no problem ensues in this area. In response, Mr. Aguilera said a condition could be written requiring that terminations shall match the existing fireplace terminations and comply with the Uniform Building Code standards. Councilmember Wozniak said that relative to accents, they should stay within the existing color pallet. He also requested that any action relative to modification should be deferred to the Council through first occupancy. Councilmember Hunter summarized his determination relative to the Major Modification after hearing the public testimony as follows: 1. The installation of the pool and recreation center not to be completed until the first house of the third phase but in no event shall it be completed later than June 1, 1995. 2. Concur with the developer's request for a 20% instead of 10% flexibility in the number of units built of each square footage before requiring the filing of modification to the planned development permit. 3. Deletion of the landscape planter in the driveway between the two car and one car garage. 4. The concrete roof tiles are acceptable. CONSENSUS: By consensus, the Council determined to agree with the requirement for air conditioning to be in the rear of the homes. Councilmember Montgomery said he could accept request number 5 on the Warmington Homes letter to Kathleen Mallory dated July 20, 1994 regarding bond obligations. CONSENSUS: By consensus, the Council determined to concur with Councilmember Montgomery regarding number 5 of the July 20, 1994 letter to Ms. Mallory which states, "Conditions for Major Modification number 3, item numbers 23 and 24: Warmington Homes can only be responsible for those conditions and bond obligations applicable to the 87 units in Tract 3963- 00041 Minutes of the City Council Moorpark, California Page 12 July 20, 1994 4. In response to Council question, Mr. Kueny responded that a previous staff report authored by the Director of Public Works clearly shows that the Council needs to focus only on Phase 4 infrastructure requirements for this development. He said the City is holding a $7300,000 Performance and Payment Bond from Griffin and also Monument and Grading Bonds are in place. He said of concern is whether or not these bonds are still recoverable. Mr. Kueny said staff is recommending that the City enter an agreement with Warmington Homes similar to a subdivision agreement relative to the infrastructure requirements as well as adopting a condition of approval addressing the requirement for Warmington's to post required bonds. Ms. Kane indicated that the City hasn't approached the bonding company yet. She said we don't know how they will react if a demand is made to have the improvements completed. Mr. Kueny suggested that the City could approve the project with the inclusion of infrastructure requirements for the 44 homes already built in Phase #4, but with the caveat that Warmington would only be responsible for the infrastructure requirements left uncompleted relative to these 44 homes after the City exhausts all legal remedies to require the existing bonds to pay for the improvements if Griffin hasn't already done the work. He said that would allow Warmington, between now and July 31, to work with staff to determine what the potential obligation is. He said Warmington Homes would have their approval and then would be able to make a business decision whether to continue or not depending on what that potential obligation was determined to be. Mr. Fuhr requested that language be placed in the agreement that the bond will be supplied by the trustee so that they (Warmington) can go to the trustee and tell them of this problem. CONSENSUS: By consensus, the Council determined to approve the suggestion of the City Manager above with regard to the infrastructure requirements and the agreement and condition of development requirement for bonding. 00042 Minutes of the City Council Moorpark, California Page 13 July 20, 1994 MOTION: Councilmember Hunter moved and Councilmember Perez seconded a motion to approve Resolution 94 -1051 as amended by Council discussion this evening. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, Mayor Lawrason declared a recess. The time was 11:55 p.m. Councilmember Montgomery left the meeting. The Council reconvened into open session at 12:07 a.m. 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Lawrason said that the City will sponsor a Second Summer Concert in the park on Sunday, July 31, from 6 to 8 p.m. He said the Moorpark Rotary club will be selling refreshments during the concert. Mayor Lawrason indicated that the Ronald Reagan Presidential Library is sponsoring Moorpark day on Saturday, July 30, from 10 a.m. to 5 p.m. Admission will be $2.00 for adults and $1.00 for seniors. The exhibit "America's First Ladies" will be on view. 11. ACTION /DISCUSSION ITEMS: A. Consider Status Report of 1993/94 Objectives and Consider 1994/95 Goals and Objectives. Staff Recommendation: Direct staff as deemed appropriate. (Continued item) MOTION: Councilmember Perez moved and Councilmember Hunter seconded a motion to continue this item to August 1 and 3, 1994. The motion carried by a voice vote 4 -0, Councilmember Montgomery absent for the vote. B. Consider Revisions to City Park Naming Policy. Staff Recommendation: Direct staff as deemed appropriate. (Continued Item 11.I. from 7/6/94) This item was continued to August 3, 1994. C. 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- (Continued Item 8.J. from 7/6/94) This item was continued to August 3, 1994. 00043 Minutes of the City Council Moorpark, California Page 14 July 20, 1994 D. Consider City Flag Finalists. Staff Recommendation: Direct staff as deemed appropriate. (Continued Item 11.Q. from 6/15/94; Item 11.E. from 7/6/94) This item was continued to August 3, 1994. E. 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 7.A. from 7/9/94) This item was continued to August 3, 1994. F. Consider Preliminary Staff Comments on Draft Environmental Impact Report (EIR) for Arroyo Simi Channel Improvements. Staff Recommendation: Direct staff to prepare a comment letter to the Ventura County Flood Control District, consistent with the draft comments contained in the staff report, or as modified by the Council. Debbie Traffenstedt gave the staff report. CONSENSUS: By consensus, the Council directed a letter to be sent to the Ventura County Flood District outlining the concerns contained in the staff report; Supervisor Howard to be copied on the letter. G. Consider Property Settlement Agreement and Mutual Release with Conejo Freeway Properties. Limited and with Moorpark Freeway Properties. Staff Recommendation: Direct staff as deemed appropriate. This item was continued to August 1, 1994. H. Consider Possible City Action for Improvements for State Route 118 (SR118) at Railroad Crossing West of City Limits. Staff Recommendation: Direct staff as deemed appropriate. This item was continued to August 3, 1994. I. Consider Intersection at Los Angeles Avenue and Villa Del Arroyo Mobilehome Park. Staff Recommendation: Direct staff as deemed appropriate. This item was continued to August 3, 1994. 00044 Minutes of the City Council Moorpark, California Page 15 July 20, 1994 J. Consider Extending Dorothy Wa11 /Metrolink Wall Westerly to Professional Building. Staff Recommendation: Direct staff as deemed appropriate. This item was continued to August 3, 1994. K. Consider Countv Reauest for Proposal for Golf Course at Happy Camp Regional Park. CONSENSUS: By consensus, the Council determined to authorize the Mayor to sign a letter expressing the City's concern about not being notified regarding this proposal and expressing strongly the City's belief that the City and County should work more cooperatively on such issues. 12. ORDINANCES: None. 13. CLOSED SESSION: None. 14. ADJOURNMENT: MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to adjourn the meeting to 6:30 p.m. on August 1, 1994. The motion carried by voice vote 4 -0, Councilmember Montgomery absent for the vote. The time was 12:20 a.m. Paul W. L�aVrason jr-9 Mayor ATTEST: p�;?4..9