HomeMy WebLinkAboutMIN 1994 0803 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California August 3, 1994
A Regular Meeting of the City Council of the City of Moorpark was
held on August 3, 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 7:19 p.m.
2. PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Lillian E. Hare.
3. ROLL CALL:
Present: Councilmembers Hunter, Montgomery, Perez,
Wozniak and Mayor Lawrason
Staff Present: Steven Kueny, City Manager; Richard Hare,
Deputy City Manager; Jim Aguilera, Director of
Community Development; Sergeant Keith Parks,
Sheriff's Department; Ken Gilbert, Director of
Public Works; Cheryl Kane, City Attorney; Mary
Lindley, Assistant to the City Manager;
Charles Abbott, City Engineer; Paul Porter,
Senior Planner; and Lillian Hare, City Clerk
4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS:
A. Proclamation in Honor of Mary Crockford for her years of
Service to the Community as Librarian of the Moorpark
Library.
A proclamation in Honor of Mary Crockford for her years
of Service to the Community as Librarian of the Moorpark
Library was presented by Mayor Lawrason.
AT THIS POINT in the meeting, the Council recessed and the
Redevelopment Agency was convened. The time was 7:21 p.m.
The City Council reconvened at 7:45 p.m.
5. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
CONSENSUS: By consensus, the Council determined to move item
11.A. prior to the consent calendar and to move to closed
session at 10:30 p.m.
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6. PUBLIC COMMENT:
Tony Linton, 4416 Autumnglen Court, spoke representing the
Boys and Girls Club and requested consideration of a
contribution to the club of $2,600 per month.
Dorothy Ventimiglia, 15247 Monroe Avenue, addressed the
Council regarding the proposed County medical clinic in the
Campus Park area. She said the medical clinic should be in
the downtown area where the need is greatest.
Gerry Goldstein, 11932 Los Angeles Avenue, addressed the
Council regarding needed improvements on First Street.
Eloise Brown, 13193 Annette Street, addressed the Council
regarding a Waterworks District #1 hearing she attended. She
suggested that the City should take over administration of
Waterworks District #1. She also requested the Council not
widen Spring Road.
7. COMMITTEE REPORTS:
Councilmember Montgomery stated there would be no Waste
Commission meeting in August.
11 ACTION /DISCUSSION:
A. Consider Status Report on Urban Streams Restoration Grant
Program. Staff Recommendation: Receive and file the
report (presentation by Environmental Coalition).
Mr. Aguilera gave the staff report.
Dr. Roseanne Mikos , gave a report on the work program and
showed slides on the grant area and the work completed.
Gabino Aguirre, 5700 Condor Drive, addressed the Council
as Principal of the Community High School. He said
students from the Community High School participated in
the program and he believed it to be an excellent
program.
Heather Webb, 4762 Justin Court, addressed the Council as
one of the student volunteers in the program. She said
she gained many skills in working on the project.
CONSENSUS: By consensus, the Council received and filed the
report.
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8. CONSENT CALENDAR:
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to pull items 8.D.and 8.G. and to
approve the balance of the Consent Calendar. The motion
carried by unanimous roll call vote.
A. Consider Approval of Minutes of the Special City Council
Meeting of July 20, 1994.
Approve minutes as processed.
B. Consider Approval of the Warrant Register.
Fiscal Year 1993 -94
Regular Warrants 23764 -23808 $120,720.85
Fiscal Year 1994 -95
Manual Warrants 23657 - 23659, 23756 -23763 $18,122.13
Voided 22623 & 23654 (680.90)
Regular Warrants 23809 -23893 $63,016.68
Staff Recommendation: Approve the Warrant Register.
C. Consider Minor Modification No. 2 to DP 338 - To allow
existing industrial building to be used as a church
(Moorpark Grace Brethren Church Staff Recommendation:
Receive and file the report.
E. Consider Authorizing Recordation of the Notice of
Completion for Assessment District 92 -1 (Phase II)
Staff Recommendation: 1. Accept the work as complete; 2.
Instruct the City Clerk to file the Notice of Completion;
3. Authorize the release of the retention upon clearance
of the thirty -five (35) day lien period.
F. Consider Amending the Fee for Contract Accountant
Services. Staff Recommendation: Staff recommends
approval of the amendment of the fee in the professional
services contract with John Riela, CPA, by increasing the
hourly rate from $40 per hour to $42 per hour and asks
the City Council to authorize the City Manager to
implement this fee amendment effective August 1, 1994.
H. Consider Resolution 94 -1052 Relative to the Filing of
Notices of Completion for Public Projects Staff
Recommendation: Adopt Resolution 94 -1052.
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August 3, 1994
I. Consider Establishment of a New Meeting Time and Dav for
the Public Works. Facilities, and Solid Waste and the
Transportation and Streets Committees Staff
Recommendation: Approve the Establishment of a new
meeting time and day for the Public Works, Facilities,
and Solid Waste and the Transportation and Streets
Committees.
J. Consider Opposition to Assembly Bill 51 Housing Element
and Senate Bill 91, California Public Records Act Staff
Recommendation: Oppose Assembly Bill 51, Housing Element,
and Senate Bill 91, California Public Records Act, and
direct the Mayor to communicate the Council position to
the appropriate legislators and legislative committees.
K. Consider Authorization to Advertise for Receipt of Bids
for the Repair of Erosion on Lot 97 of Tract 3049 [A &R
Development]. Staff Recommendations: Approve the plans
and specifications for the subject project and authorize
staff to advertise for receipt of bids.
L. Consider Request for Joinder in Amicus Brief: Wong v
City of Carson - Determination of when conditions imposed
on the granting of a Land Use Permit constitute a taking
Staff Recommendation: Join the amicus brief.
M. Consider Request for Joinder in Amicus Brief • Del Oro v
City of Oceanside - Support for the City of Oceanside in
a Challenge by Developers of a Voter Adopted Growth
Management Measure. Staff Recommendation: Join the
amicus brief.
N. Consider Adoption of Resolution 94 -1053 Approving the
Composition of the Ventura County Air Pollution Control
District Board. Staff Recommendation: Adopt Resolution
94 -1053.
The following items were pulled from the Consent Calendar for
individual consideration:
D. Consider a Revised Resolution of Approval for Maior
Modification Number 3 to Planned Development Permit
Number 1041 ( Warmington Homes ). Staff Recommendation:
Receive and file the resolution.
Staff noted there was an amendment to condition 14.
Warmington Homes shall complete all
common area, private slopes and
front yard landscaping, as well as
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fencing and walls within Phase 4 of
the development (87 homes) . The
installation of these items shall be
completed in phases and before the
issuance of a Zoning Clearance for
occupancy of the first unit within
each phase of development.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to approve the staff recommendation to
receive and file the resolution as amended as to condition 14.
The motion carried by unanimous voice vote.
G. Consider Boys and Girls Club Funding Request. Staff
Recommendation: Authorize the City Manager to revise the
loan agreement, deferring the repayment of the second
installment of $50,000 plus $2,500 in interest until
September 1, 1996, with annual simple interest of 5
percent for the term of the deferral.
Councilmember Montgomery said that Council action to
allow the deferment of the repayment of the second
installment of $50,000 would not preclude the City from
taking action on other items of concern to the Boys and
Girls Club at a later date.
MOTION: Councilmember Montgomery moved and Councilmember
Wozniak seconded a motion to approve the staff recommendation
to authorize the City Manager to revise the loan agreement
deferring the repayment of the second installment of $500,000
plus $2,500 interest until September 1, 1996, with annual
simple interest of 5 percent during the term of the deferral.
The motion carried by voice vote 4 -0, Mayor Lawrason
abstaining from the vote.
9. PUBLIC HEARINGS:
A. Consider Amendments to the Carlsberg Specific Plan and
Draft 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: Review and Approve the amended Carlsberg
Specific Plan as amended and adopt 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
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August 3, 1994
the property; and Adopt the attached Resolution
Certifying the Environmental Impact Report. (Continued
item) PUBLIC HEARING IS CLOSED
Mr. Aguilera gave the staff report.
The Council took the following consensus actions:
CONSENSUS: By consensus, the Council determined to direct
that the widening Spring Road north of Peach Hill Road would
be 48 feet for pave out and a 4 foot area of guardrail; this
would allow a 5 foot sidewalk on each side.
CONSENSUS: By consensus, the Council determined that from the
bridge, up to Spring Road, the median is to be hardscape not
landscape.
CONSENSUS: By consensus, the Council determined that the
allowed height of churches in the Specific Plan would be 30
feet -- the same as the current churches on Spring Road.
Mr. Tankersley addressed the Council and went over his
new exhibit showing area D. He said he will keep
working to create the least intrusive design possible for
the area.
CONSENSUS: By consensus, the Council determined that the
infrastructure requirement of expansion of Spring Road should
occur prior to issuance of the 70th building permit for
planning area B.
CONSENSUS: By consensus, the Council determined that the
infrastructure requirement adjacent to area D should be
completed prior to issuance of the 55th building permit in
area D.
CONSENSUS: By consensus, the Council determined that final
approval of the Specific Plan should be concurrent with the
approval of the Settlement Agreement.
Mr. Kueny stated that in the preparation of the documents of
approval, staff will make assumptions on minor items and point
them out to the Council.
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MOTION: Councilmember Montgomery moved and Councilmember
Wozniak seconded a motion to direct staff to prepare the
appropriate documents and exhibits to approve the project to
include all modifications and changes requested by the Council
on August 1 and this evening and any previous direction from
the City Council; to be returned to the Council for
consideration at the September 7, 1994 City Council meeting.
The motion carried by unanimous voice vote.
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
preparation of an Initial Study and the scheduling of a
subsequent City Council public hearing. (Continued item)
PUBLIC HEARING REMAINS OPEN
Peter Fisher, 2049 Century Park East, Los Angeles,
addressed the Council representing the Building Industry
Association as an Officer of the First Los Angeles Bank.
He went over the process for developer loans and the
restrictions relative to lending in the present market.
Gary Austin, 17512 Carmen Blvd., Irvine, addressed the
Council as a representative of Messenger Investment
Company. He spoke in opposition to the need for a growth
control ordinance.
Mitch Kahn, 300 Esplanade Drive, Oxnard, addressed the
Council indicating his opposition to the need for a
growth control ordinance.
Elaine Freeman, 2509 East Thousand Oaks Blvd., Thousand
Oaks, addressed the Council in opposition to the need for
a growth control ordinance. She said the conditions
today are dramatically different than when Measure F was
enacted.
Jake Faller, 24005 Ventura Blvd., Calabasas, addressed
the Council in opposition to the needed for a growth
control ordinance.
Dee Zinke, 24005 Ventura Blvd., Calabasas, addressed the
Council as a representative of the Building Industry
Association and spoke in opposition to the need for a
growth control ordinance.
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MOTION: Councilmember Wozniak moved and Councilmember Hunter
seconded a motion to continue this matter to September 7,
1994. The motion carried by unanimous voice vote.
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-
MOTION: Councilmember Montgomery moved and Councilmember
Hunter seconded motion to continue this item to September 7,
1994. The motion carried by unanimous voice vote.
D. Consider Resolution 94 -1054 - Approval of the City's Non -
Disposal Facility Element. Staff Recommendation: Receive
public testimony and approve by adopting Resolution 94-
1054 the City's Non - Disposal Facility Element.
Ms. Myers gave the staff report.
Mayor Lawrason opened the public hearing.
As there was no speakers for this item, Mayor Lawrason
closed the public hearing.
MOTION: Mayor Lawrason moved and Councilmember Montgomery
seconded a motion to adopt Resolution 94 -1054, the City's Non -
Disposal Facility Element. The motion carried by unanimous
voice vote.
E. Consider Vesting Tentative Tract Map No. 4637 (Maior
Modification No. 1),Residential Planned Development
Permit No. 89 -4 (Major Modification No. 1), and Zone
Change 93 -3 - Urban West Communities - Staff
Recommendation: Continue to October 5, 1994.
MOTION: Councilmember Montgomery moved and Councilmember
Wozniak seconded a motion to continue this item to October 5,
1994. The motion carried by unanimous voice vote.
10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
The Mayor announced that Sunday, August 14, the City will
sponsor the 3rd summer concert in the park from 6:00 to
8:00 p.m.
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11. ACTION /DISCUSSION:
B. Consider Status Report of 1993/94 Objectives and Consider
1994195 Goals and Objectives. Staff Recommendation:
Direct staff as deemed appropriate. (Continued item)
CONSENSUS: By consensus, the Council determined to continue
this item to August 10, 1994.
C. Consider Revisions to City Park Naming Policy. Staff
Recommendation: Direct staff as deemed appropriate.
(Continued Item 11.I. from 7/6/94)
CONSENSUS: By consensus, the Council determined to continue
this matter to August 10, 1994.
D. Consider City Flag Finalists. Staff Recommendation:
Direct staff as deemed appropriate. (Continued item)
CONSENSUS: By consensus, the Council determined to continue
this matter to August 10, 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)
CONSENSUS: By consensus, the Council determined to continue
this item to August 10, 1994.
F. Consider Property Settlement Agreement and Mutual Release
with Conejo Freeway Properties, Limited and with Moorpark
Freeway Properties. Staff Recommendation: Direct staff
as deemed appropriate. (Continued Item)
CONSENSUS: By consensus, the Council determined to continue
this matter to August 10, 1994.
G. 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. (Continued Item)
CONSENSUS: By consensus, the Council determined to continue
this item to August 10, 1994.
H. Consider Intersection at Los Angeles Avenue and Villa Del
Arroyo Mobilehome Park. Staff Recommendation: Direct
staff as deemed appropriate. (Continued Item)
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CONSENSUS: By consensus, the Council determined to continue
this item to August 10, 1994.
I. Consider Extending Dorothy Wall /Metrolink Wall Westerly
to Professional Building. Staff Recommendation: Direct
staff as deemed appropriate. (Continued Item)
CONSENSUS: By consensus, the Council determined to continue
this item to August 10, 1994.
J. Consider Public Works Proiects Priority List. Staff
Recommendation: The Budget and Finance Committee and
staff recommend that the projects listed in the combined
projects list be accepted for funding by the Moorpark
Redevelopment Agency as recommended in the report with
design work to proceed. (Continued Item)
CONSENSUS: By consensus, the Council determined to continue
this item to August 10, 1994.
K. Consider Removincicitv_Owned House from the Tract 3963
First Time Home Buyer Program. Staff Recommendation:
Direct staff to remove the City owned house on Mallory
Court from the Tract 3963 First Time Home Buyer Program
and authorize the City Manager to sell the house to any
buyer for the highest price that can be obtained, and /or
hire a real estate agent to market the property.
Mr. Kueny gave the staff report.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to approve the staff recommendation.
The motion carried by unanimous voice vote.
L. Consider City Acceptance of Maintenance Responsibilit
for Median and Parkway in PC -3 (Mountain Meadows -
California Community Builders). Staff Recommendation:
Approve steps necessary for the City to assume the
maintenance of the parkway and median landscaping on
Tierra Rejada Road within PC -3, as described in Alternate
#1 of the staff report, effective July 1, 1995.
CONSENSUS: By consensus, the Council determined to continue
this item to August 17, 1994.
12. ORDINANCES:
None.
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13. CLOSED SESSION:
MOTION: Councilmember Montgomery moved and Councilmember
Wozniak seconded a motion adjourned to close session for
discussion of all items listed 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 - two)
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 - one)
C. 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
D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (pursuant to
Government Code Section 54956.8)
Property: APN 511 -0- 050 -09
Negotiating Parties: City of Moorpark and Kirk Aikens
Under Negotiation: Terms
E. 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
F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (pursuant to
Government Code Section 54956.8)
Property: 15508 Mallory Court
Negotiating Parties: City of Moorpark and any person
interested in the property
Under Negotiation: Price and Terms
G. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (pursuant to
Government Code Section 54956.8)
Property: APN 511 -08 -16 (Poindexter Avenue)
Negotiating Parties: City of Moorpark and Margaret I.
Gisler Trust
Under Negotiation: Price
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The motion carried by unanimous voice vote.
AT THIS POINT in the meeting a recess was declared. The time
was 10:55 p.m.
The Council reconvened into Closed Session at 11:05 p.m.
Present in Closed Session were all Councilmembers; Steve
Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl
Kane, City Attorney; and Ken Gilbert, Director of Public
Works.
The Council reconvened into Open Session at 11:15 p.m.
Mr. Kueny stated there was no action to report out of Closed
Session and only items 13.A. and 13.F. had been discussed.
14. ADJOURNMENT:
Mayor Lawrason adjourned the meeting at 11:15 p.m.
Paul W. Law on Jr., M or
ATTEST:
Lillian-E. Hare, City Clerk
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