HomeMy WebLinkAboutMIN 1995 0104 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California January 4, 1995
A Regular Meeting of the City Council of the City of Moorpark was
held on January 4, 1995 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 7:12 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: Steven Kueny, City Manager; Richard Hare,
Deputy City Manager; Cheryl Kane, City
Attorney; Ken Gilbert, Director of Public
Works; Christine Adams, Director of
Community Services; Jim Aguilera,
Director of Community Development; Mary
Lindley, Assistant to the City Manager;
Dirk Lovett, Assistant City Engineer;
Paul Porter, Senior Planner; Don
Reynolds, Administrative Services
Manager; Lieutenant Marty Rouse,
Sheriff's Department; Lillian Hare, City
Clerk
4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS:
A. Recognition of Ventura County Sheriff's Department
personnel.
Mayor Lawrason presented a certificate of recognition to
Ventura County Sheriff, Larry Carpenter. He also
presented certificates to the following Sheriff's
Department personnel: John Brockus, Allen Devers, Jose
Lopez, Eric Hatlee, Albert Miramontes, Michael Baker,
Brian Roberts, Jose Rivera, Jerardo Gomez, Don Aguilar,
Jody Keller - Smith, Ron Nelson, Emmett McCracken, George
Fitzgerald, Ed Tumbleson, Marty Rouse, Keith Parks, Diane
McCrossen, Deborah Runkle, Terry Hughes, Dave Lea and
Larry Bull.
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Moorpark, California Page 2 January 4, 1995
B. Presentation of Radar Trailer.
Mayor Lawrason indicated that the radar trailer
presentation would be continued to January 18, 1995. He
said a video would be made of the radar trailer and shown
at the meeting.
C. Recognition of Ryan Lee Kinnan, new Eagle Scout.
Mayor Lawrason presented a certificate of recognition to
Ryan Lee Kinnan, the City's newest Eagle Scout.
D. Recognition of former Planning Commissioner, Michael
Wesner.
Mayor Lawrason presented a City plaque to former Planning
Commissioner, Michael Wesner.
5. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
CONSENSUS: By consensus, the Council determined to reorder
the agenda to hear Item 11.F. prior to the public hearings.
CONSENSUS: By consensus, the Council determined to continue
Item 11.A. to a future meetinq.
6. PUBLIC COMMENT:
John Sutherland, 11218 Shady Ridge Drive, addressed the
Council in opposition to a gate which would allow vehicular
traffic through the Home Acres Buffer Zone. He indicated a
higher wall would be more desirable and the gate should allow
pedestrian traffic only.
Roxine Doupe, 11210 Shady Ridge Road, addressed the Council in
opposition to the gate for vehicular traffic in the Home Acres
Buffer Zone conceptual plan.
Donna Hughes, 3842 Timberridge Road, indicated her support of
the buffer zone conceptual plan.
7. COMMITTEE REPORTS:
None.
Minutes of the City Council
Moorpark, California Page 3 January 4, 1995
8. CONSENT CALENDAR:
MOTION: Councilmember Hunter moved and Councilmember Perez
seconded a motion to pull Item 8.E. and 8.I. and approve the
balance of the Consent Calendar. The motion carried by
unanimous roll call vote.
A. Consider Minutes of Regular Meeting of November 2, 1994.
(Continued)
Consider Minutes of the Special City Council Meeting of
November 16, 1994.
Staff Recommendation: Approve minutes as processed.
B. Consider Approval of the Warrant Register.
December 21, 1994
Manual Warrants 24788, 24878 -24896 $ 66,136.81
Voided Warrants 23385, 24770, 24788 $(706.25)
Regular Warrants 24897 - 25021 $384,393.21
January 4, 1995
Manual Warrants 25022 - 25029, $ 673.48
25120 181.50
Voided Warrants 24434 (168.00)
Regular Warrants 25030 -25115 $149,082.39
Staff Recommendation: Approve the Warrant Register.
C. Consider an Agreement Between the Citv and the Ventura
County Transportation Commission for the Purchase and
Installation of Bicycle Lockers and Racks. Staff
Recommendation: Approve the agreement between the City
of Moorpark and the Ventura County Transportation
Commission to transfer ownership of bicycle racks and
lockers to the City, pending final language changes
approved by the City Manager, and authorize the Mayor to
sign the agreements.
D. Consider Authorization of Recordation of a Notice of
Completion for the Reconstruction of All or a Portion of
Tecolote Court, Canario Court and Granadilla Drive.
Staff Recommendation: 1) Accept the work as completed;
2) Approve an amendment to the appropriation and budget
for this project [Acc # 03- 142 - 903 -0370] to increase them
from $64,000 to $69,000 ($5,000 increase); 3) Authorize
the City Clerk to file the Notice of Completion; and, 4)
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Moorpark, California Page 4 January 4, 1995
Authorize the release of the retention upon acceptance of
the Work as complete by the City Manager and clearance of
the thirty -five (35) day lien period.
F. Consider Approval of a Contract to Provide Contract
Administration Services Related to the Design and
Construction of Park Improvements for the Downtown Park
Site. Staff Recommendation: 1) Approve the selection
of Picon, Inc., (Phil Vein) to provide Contract
Administration Services to the City relative to the
administration of design and construction contracts for
park improvements for the Downtown Park Site; 2) Approve
Consultant Fees for said services in an amount Not to
Exceed $13,728.00 subject to the approval of the City
Manager; and 3) Authorize the City Manager to sign
necessary contract documents relative to said services.
G. Consider Approval of the Assignment of the Gradina Bond
for Tract 3963 -4 to Ramseyer and Associates. Staff
Recommendation: Approve the assignment of Bond No.
971401S (Developers Insurance Company, Inc.) to Ramseyer
& Associates and authorize the City Manager to execute
any documents required for said assignment subject to
language approval by the City Attorney and the City
Manager.
H. Consider Purchase of Replacement Computer for the
Moorpark Resource Center from the Equipment Replacement
Fund. Staff Recommendation: 1) Approve purchase of one
computer at a cost not to exceed $5,000; and 2) Transfer
the purchase price of the computer and necessary software
from the equipment replacement fund (Account 31) to the
specialized equipment fund (Account 01.4.121.906)
J. Consider Authorizing Funds to Replace Vandalized
Playground Equipment at Glenwood Park. Staff
Recommendation: Authorize a budget amendment of
$6,218.47, to be transferred from the Park Improvement
Fund (Fund 5, Zone 6) to 1994/95 Park Capital Improvement
budget (05.4.562.903) for the purchase of replacement
parts for Glenwood Park play equipment.
K. Consider Allocation of Funds for 15508 Mallory Court.
Staff Recommendation: Appropriate $1,955 from the City's
Affordable Housing Undesignated Fund Balance to
Administrative Service Account 4.117.902.
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Moorpark, California Page 5 January 4, 1995
The following items were pulled from the Consent Calendar for
individual consideration:
E. Community Development Block Grant (CDBG) Status Report
and Consider Development of 1995196 Funding Objectives.
Staff Recommendation: Authorize staff to request
proposals for the use of CDBG funds for the upcoming
1994/95 appropriations, consistent with this report.
Mr. Reynolds indicated that the staff recommendation was
changing to indicate the date of March 15, 1995 for the
date of final appropriations.
MOTION: Mayor Lawrason moved and Councilmember Perez seconded
a motion to authorize staff to request proposals for the use
of CDBG funds for the upcoming 1994/95 appropriations,
consistent with the staff report dated December 19, 1994 with
the change to the final appropriations date as indicated by
Mr. Reynolds to be March 15, 1994. The motion carried by
unanimous voice vote.
I. Consider Recommended Conceptual Design for Home Acres
Buffer Zone. Staff Recommendation: 1) Approve the
conceptual design for the Home Acres Buffer Zone, 2)
Direct staff to finalize construction plans and
specifications for the buffer zone; and 3) Authorize
staff to advertise for receipt of construction bids, with
appropriate bid options.
In response to Mayor Lawrason, Ms. Adams indicated that
only Ventura County Flood Control and Sheriff and Fire
personnel would have vehicular access at the Home Acres
Buffer Zone. She said there will be a pedestrian gate
which will be open for pedestrian traffic only during
daylight hours.
MOTION: Mayor Lawrason moved and Councilmember Perez seconded
a motion to approve the conceptual design for the Home Acres
Buffer Zone as presented in the staff report dated December
12, 1994 and to direct staff to finalize construction plans
and specifications for the buffer zone and to authorize staff
to advertise for receipt of construction bids. The motion
carried by unanimous voice vote.
11. ACTION /DISCUSSION:
F. Consider Closure of Pecan Avenue at Monroe Avenue. Staff
Recommendation: Transportation and Streets Committee
recommend that the City Council take the steps necessary
to close the south leg of Pecan Avenue at Monroe Avenue
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Moorpark, California Page 6 January 4, 1995
through the construction of a landscaped barrier and 1)
Set 7:00 p.m. on February 15, 1995 as the time and date
of a public hearing to consider a resolution to
effectuate this street closure; and 2) Direct staff to
notify the parties listed in the report, and any other
affected or interested parties, of this proposed action
and of the date and time of the public hearing to
consider same.
Mr. Gilbert gave the staff report.
Councilmember Wozniak stated that it was his
recommendation that a workshop be held with those
concerned and interested parties with the Council
Transportation and Streets Committee. He said he was
aware that the City had received a letter from the School
District expressing their concern regarding the closure
of Pecan Avenue at Monroe Avenue and that there were
other concerned citizens as well,
Jim Brahney, 6958 Pecan Avenue, addressed the Council in
favor of the closure of Pecan Avenue at Monroe.
Dorothy Ventimiglia, 15247 Monroe Avenue, addressed the
Council and indicated she was against the closure of
Pecan Avenue at Monroe.
Councilmember Perez indicated his support of referring
this matter to the Transportation and Streets Committee.
Councilmember Wozniak indicated that speed humps may need
to be considered as an approach to the problem of
speeding on the street.
Mayor Lawrason expressed his hope to have School Board
involvement in the workshop with the Transportation and
Streets Committee.
Councilmember Hunter requested that the radar trailer be
put on Pecan Street next. week.
MOTION: Councilmember Wozniak moved and Councilmember
Montgomery seconded a motion to refer this matter to the
Streets and Transportation Committee for review with
interested parties. The motion carried by unanimous voice
vote.
9. PUBLIC HEARINGS:
A. Consider Vesting Tentative Tract Map No 4637 (Major
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Moorpark, California Page 7 January 4, 1995
Modification No. 1) Residential Planned Development
Permit No. 89 -4 (Major Modification No 1) and Zone
Change 93 -3 - Urban West Communities. Staff
Recommendation: 1) Open the public hearing, 2) Determine
that the impacts of the proposed project are similar to
those addressed in the EIR prepared for PC -3, and 3)
Direct staff to prepare resolutions for approval of Major
Modification No. 1 to Vesting Tentative Tract Map No.
4637 and Residential Planned Development Permit No. 89 -4;
and Zone Change No. 93 -3. (Continued item) PUBLIC
HEARING IS CLOSED.
Mr. Kueny left the meeting.
Mr. Porter gave the staff report. He went over the
following recommended revisions to the conditions of
approval:
RPD CONDITIONS
Condition No. 9 which reads:
"Prior to the submission of construction plans for plan
check or initiation of any construction activity, a
zoning clearance shall be obtained from the Community
Development Department ", to be deleted.
Condition No. 19 which is to be changed to read:
"Prior to issuance of a Zoning Clearance, a complete
landscape and fence /wall plan (3 sets) , together with
specifications and a maintenance program shall be
prepared by a State Licensed Landscape Architect,
generally in accordance with the Ventura County guide to
Landscape Plans, and shall be submitted to the Director
of Community Development for review and approval prior to
grading permit approval."
Condition 19.a. to be changed to read:
a. "The landscape plan shall include planting and
irrigation specifications for manufactured slopes
over three (3) feet in height, and all common areas
proposed to be maintained by the Homeowners'
Association."
Condition 19.a.xii to be changed to read:
"Irrigation shall be provided for all permanent
landscaping. The applicant shall be responsible for
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Moorpark, California Page 8 January 4, 1995
maintaining the irrigation system and all landscaping.
Applicant shall replace any trees or plants that may die
within one year after occupancy of the last unit within
a phase, and shall make any necessary repairs during that
time period."
Condition 22 to be changed to read:
"Prior to submittal of construction plans for plan check
or initiation of any construction activity, a Zoning
Clearance shall be obtained from the Department of
Community Development. If an applicant desires,
construction plans may be submitted to the Building and
Safety Department with a City approved Hold Harmless
Agreement. A Zoning Clearance shall be obtained prior to
initiation of any grading or construction activity. If
the applicant desires, grading may be initiated upon
obtaining a grading permit and providing a City approved
"Hold Harmless Agreement ".
Condition 25.a. to be changed to read:
"The window on all building elevations shall be provided
with surrounds or other architectural features as
approved by the Director of Community Development."
Condition 25.c. to be changed to read:
"The masonry walls provided for the patio homes shall be
6 feet high as measured from the building pad."
Condition 34 to be changed to read:
"Individual garages shall be a minimum inside dimensions
of 20 feet in length and 20 feet in width with a minimum
interior height of 8 feet.."
Condition 53 which reads:
The applicant shall record Tract Map 4637 " to be
deleted.
Condition No. 89 to be changed to read:
"At the attached multi - family project, directory boards
indicating the locations of the various buildings and
individual units will be displayed at each entrance to
the complex and lighted during hours of darkness."
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Moorpark, California Page 9 January 4, 1995
TENTATIVE TRACT MAP CONDITIONS
Condition No. 31 to be changed to read:
"A" Street shall be designed per Ventura County Standard
Plate B -5B having a 49 foot right -of -way and a pavement
width of 36 feet and shall be offered to the City for
dedication with a 5' bike lane in each direction. The
applicant shall prepare and record a covenant upon each
parcel or lot within the property stating that future
property owners cannot request parking along "A" Street.
"J" and "K" Streets shall be designed per Ventura County
Standard Plate B -5B to provide 49 feet of right -of -way
with a curb width of 36 feet.
The intersection of "J" and "K" Street shall be designed
and constructed with a knuckle per Ventura County
Standard Plate C -4.
a. At the developer's expense, stop signs shall be
installed at the following intersections:
"A" Street and Cedar Spring Street
"A" Street and Mountain Meadow Drive
"J" Street and "A" Street
"K" Street and "A" Street
b. At the developer's expense, "A" Street shall be
posted and marked for no parking as required by the
Public Works Director.
Condition No. 43 to read:
The subdivider shall execute a covenant running with the
land on the behalf of itself and its successors, heirs,
and assigns agreeing to participate in the formation of
an assessment district or other financing technique
including, but not limited to, street and sewer
improvements necessitated by this project and other
projects within the assessment district, as approved by
the City Engineer. The subdivider shall retain the right
to protest the amount and the spread of any proposed
assessment.
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Moorpark, California Page 10 January 4, 1995
Maury Froman, 2716 Oceanside Blvd, Santa Monica,
addressed the Council regarding the following issues:
1. He indicated that it had been conjectured that
smaller homes might devalue larger homes in the
area. He said the Traditions product had not had
that effect on larger homes surrounding them. He
referred to a letter to Mr. Frank Countner from
M.P. Associates, Inc., Real Estate Appraisers,
which stated the opinion that the development
concept was well designed and can be successfully
integrated into the larger surrounding residential
community without any adverse effects whatsoever.
2. Mr. Froman indicated they were in agreement with
staff presented revisions to RPD conditions number
9, 19, 19.a., 19.a.xii, 22, 53, and 89, 25.a., and
Tentative Tract Conditions 31.
Mr. Froman indicated the applicant had concerns
with the following conditions:
(1) RPD Condition No. 25.c. - This increases the
height of the masonry walls of the detached
cluster homes from 5 to 6 feet. A five foot
wall will allow an increased amount of light
into the homes as opposed to a six foot wall.
He said a five foot wall will maintain privacy
yet not have a closed in feeling. He said
this wall height was previously approved and
is presently being constructed at Traditions.
He said the perimeter wall is six feet.
(2) RPD Condition No. 34 - This requires that all
garages shall be a minimum inside dimension of
20 feet in width and depth. Garages which are
20 x 20 usually contain a washer /dryer or
furnace or water heater. He indicated that
the garages at Villagio do not contain any of
these within its usable area. He requested
that the City delete this condition.
(3) Tract Condition No. 43 - He requested that the
following sentence be added: "this condition
shall not apply to future individual
homeowners."
In response to Councilmember Wozniak, Mr.
Froman indicated the applicant would be
willing to add a condition that buildings
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Moorpark, California Page 11 January 4, 1995
which front the fire station would have a six
foot high block wall and dual pane windows.
Steven Lilienthal, 12238 Aldergrove Street,
addressed the Council in support of the project.
Francis Glebas, 3881 Timberridge Road, spoke
against approval of the project.
Todd Mimm, 11152 Terrace Ridge, indicated he
circulated a letter in opposition to the project.
In response to Councilmember Hunter, he indicated
that Urban West Communities had represented that
luxury townhomes would be built in this area.
Tom Vachei, 11104 Terrace Ridge Road, said he was
against approval of the project. He presented the
Mayor with a letter that 71 persons residing in his
Homeowners' Association had signed.
John Sutherland, 11218 Shady Ridge Road, addressed
the Council against approval of the project.
AT THIS POINT in the meeting, a recess was declared. The
time was 9:00 p.m. The Council reconvened at 9:15 p.m.
Bud Miles, 4036 Winter Wood Court, addressed the
Council against approval of the project.
Roxine Dupe, 11210 Shady Ridge Road, addressed the
Council against the project.
William Moilatt, 4072 Winter Wood Court, said he
supported the project, but still had concerns
regarding the entryway landscaping, the landscaping
around the perimeter of the project, the height of
the perimeter fence, and the deployment of a
crossing guard. He indicated also that the
Recreation Building needs drains in the washroom.
He said pepper trees and evergreen bushes should be
used to help mitigate noise in the area of the fire
station.
David Schetselaar, 4024 Winter Wood Court,
addressed the Council against approval of the
project.
Kenneth Moss, 12405 Willow Grove Court, addressed
the Council in favor of the project.
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Moorpark, California Page 12 January 4, 1995
Eloise Brown, 13193 Annette Street, addressed the
Council suggesting that there should be heavy
landscaping between this project and the adjacent
homes. She said historically the housing mix that
had been promised has not occurred in Mountain
Meadows. She also requested that the Council
consider rating the cluster homes as single - family
relative to benefit assessment districts.
Donna Hughes, 3842 Timberridge Road, addressed the
Council in support of the project.
Don Sobel, 4035 Winter Wood Court, addressed the
Council against approval. of the project.
Maury Froman indicated that the applicant would be
building in the community for the next three -plus
years, that they had and would continue to be a
responsible builder. He indicated that they had
met with the Homeowners' Associations and that they
had redesigned their project and reduced density.
He also indicated that the proposed project would
be a condo ownership situation. He indicated that
although the square footages were large, the condo
ownership situation where no land is owned allowed
these homes to be sold at a lower price.
In response to Councilmember Montgomery, Mr. Froman
indicated that under the court ordered settlement
agreement between the City and Urban West
Communities they could build 2500 homes in Mountain
Meadows. He indicated this is the last land to be
developed and that per the agreement 292 units
could be built. Mr. Froman indicated that the name
Belcourt would be changed to something else as
requested by the Belmont Homeowners' Association.
He said the standard condition relative to crossing
guards has been added to the conditions of
approval.
Mr. Aguilera reviewed the conditions which he
proposed for addition or revision:
19.G. The applicant shall install a vehicle
headlight barrier consisting of either landscape or
a solid wall for those homeowners who reside across
from the intersection of "A" Street at Mountain
Meadows Drive. The developer shall install said
barrier only for those property owners that request
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Moorpark, California Page 13 January 4, 1995
it and only for those property owners whose
property lies within 200 feet of the center line of
"A" Street.
19.H. The applicant shall install enhanced
landscaping along the exterior of the perimeter
wall at its intersection with Quailwood Street,
Blossomwood Court, Chestnut Ridge Street and
Honeybrook Court.
25.G. Double paned, double strength windows shall
be installed for building nine, ten, eleven,
twelve, and twenty -six.
25.H. A solid six foot high wall shall be
installed along the perimeter from Building 12 to
26.
43. Add additional language: "this condition
shall not apply to future individual homeowners."
Maury Froman said the applicant agrees with the additions
and /or revisions as presented above by Mr. Aguilera, but
would request on 9.G. that the language is added to
provide for a time limit as follows:
"One year after issuance of first zoning
clearance ".
Mr. Froman also requested that the following language be
inserted in Condition 25G. and 25.H.:
"Facing the fire station ",
Mayor Lawrason closed the public hearing.
In response to Councilmember Perez, Mr. Aguilera
recommended no parking on each side of "A" Street.
AT THIS POINT in the meeting, a recess was declared. The
time was 10:30 p.m. The Council. reconvened at 10:45 p.m.
Councilmember Hunter explained that in a discussion with
the City Attorney a possible economic conflict of
interest had been determined to exist because of the
location of his home to the project. He said he will
consult further with the City Attorney on this matter.
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Moorpark, California Page 14 January 4, 1995
MOTION: Mayor Lawrason moved and Councilmember Montgomery
seconded a motion to continue this item to January 11, 1995,
the public hearing closed. The motion carried by unanimous
voice vote.
B. Consider Revisions to Ordinance No 189 (Zoning
Staff Recommendation: 1) Open the public hearing, accept
public testimony, and close the public hearing; 2)
Determine that the modifications to the City's Zoning
Ordinance are categorically exempt pursuant to State CEQA
Guidelines Section 15061 (b) (3); and 3) Introduce the
Ordinance for first reading.
MOTION: Councilmember Montgomery moved and Councilmember
Wozniak seconded a motion to continue this item to January 11,
1995. The motion carried by unanimous voice vote.
Mr. Kueny rejoined the meeting.
10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
None.
11. ACTION /DISCUSSION:
A. Consider Approval of the City's Legislative Program for
1995. Staff Recommendation: Approve the Legislative
Program for 1995. (Continued Item 11.L. from 12/14/94)
CONSENSUS: By consensus, the Council determined to continue
this item to January 11, 1995.
B. Consider Award of the Dorothy Wall Demolition and
Construction Project. Staff Recommendation: 1) Approve
Schedule I of the project; 2) Award the project to
Parsans Construction and authorize the Mayor to sign the
agreement; and 3) Appropriate an additional $3,900 for
the project (12.4.151.642) - 50 percent from TDA
(11.4.142.642) and 50 percent from MRA bond proceeds
(01.4.170.642)
Ms. Lindley gave the staff report.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to approve the staff recommendation to
approve Schedule I of the Dorothy Wall Construction project;
award the project to Parsans Construction and authorize the
Mayor to sign the agreement with Parsans on behalf of the
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Moorpark, California Page 15 January 4, 1995
City; and appropriate an additional $3,900 for the project -
50 percent from TDA funds (11.4.142.642) and 50 percent from
Redevelopment Agency bond proceeds (01.4.170.642). The motion
carried by unanimous roll call vote„
C. Consider a Date for City Council Emergency Response
Training. Staff Recommendation: Set a date and time for
City Council emergency response training.
CONSENSUS: By consensus, the Council determined to continue
this item to January 11, 1995,
D. Consider Staff's Reauest to Schedule a Joint Cit
Council /Planning Commission Workshop for the Bollinger
Development Project (Moorpark Country Club Estates) - -GPA-
94-1 Z -94 -1 CUP -94 -1 VTT -4928 PM -94 -1. Staff
Recommendation: Direct staff to schedule a joint City
Council /Planning Commission public workshop for the
Bollinger Development Project for January 25, 1995, or
other date as determined by the Council.
CONSENSUS: By consensus, the Council determined to schedule
a joint City Council /Planning Commission public workshop for
the Bollinger Development project for January 25, 1995.
E. Consider Card Club Proposal from Everett L. Crawford.
Staff Recommendation: Send a letter to Mr. Everett L.
Crawford rejecting the proposed establishment of a Card
Club in the City of Moorpark.
Mr. Kueny indicated that Mr. Everett Crawford, who had
written a letter to the City regarding the establishment
of a Card Club, could not be present. Mr. Kueny said Mr.
Crawford had indicated he could be present on the 18th.
Mr. Kueny indicated that staff does not recommend support
for a card club in Moorpark.
In response to Council question, Lieutenant Rouse
indicated he had been in contact with the City of Gardena
Police Department. He said they have had a card club in
their city for many years and the police department feels
that loan sharking and prostitution activities are
heightened by the location of a card club in their city.
He said he would be very concerned if the City determined
to allow a card club. He also indicated that the card
club in Fillmore had not been very successful.
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Moorpark, California Page 16 January 4, 1995
MOTION: Councilmember Montgomery moved and Councilmember
Hunter seconded a motion to reject the proposed establishment
of a card club in the City of Moorpark and to so notify Mr.
Everett Crawford. The motion carried by unanimous voice vote.
G. Consider Approval of a Project to Modify the Intersection
of Spring Road and Los Angeles Avenue to provide for 1)
a Double Left Turn Lane for North -to -West Traffic and al
the Construction of a Raised Center Median South of the
Intersection. Staff Recommendation: Direct staff to
proceed with the required project analysis and design.
CONSENSUS: By consensus, the item was continued to January
11, 1995.
H. Consider Report Pertaining to the City Assuming the
Responsibility for the Maintenance of Parkway and Median
Landscaping on Tierra Rejada Road in the Mountain Meadows
Planned Community [PC -31. Staff Recommendation: 1)
Approve the list of prerequisites to the City's
acceptance of the maintenance of parkway and median
landscaping on Tierra Rejada Road within PC -3, set forth
in Section J of this report; 2) Direct staff to present
to the City Council a recommendation for the acceptance
of said improvements upon completion of prerequisite
tasks; and, 3) Direct staff to include the following
provisions in the Engineer's Report for AD84 -2 for FY
1995/96, a) a new Zone of Benefit consisting of all
properties within PC -3 to fund the maintenance of the
parkway landscaping on Tierra Rejada Road within PC -3;
b) an additional Citywide assessment for the maintenance
of the median landscaping on Tierra Rejada Road within
PC -3; and, c) assessment amounts equal to only the costs
anticipated to be incurred by the City during FY 1995/96
for the maintenance of said improvements.
Mr. Gilbert waived the staff report.
In response to Councilmember Hunter, Mr. Gilbert said
that staff would be coming back to the Council for a
recommendation prior to acceptance of improvements upon
completion of the prerequisite tasks.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to approve the list of prerequisites
to the City's acceptance of the maintenance of parkway and
median landscaping on Tierra Rejada Road within PC -3, set
forth in Section J of the staff report dated December 15,
1994; to direct staff to present to the City Council a
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Moorpark, California Page 17 January 4, 1995
recommendation for the acceptance of said improvements upon
completion of the prerequisite tasks; and to direct staff to
include the following provisions in the Engineer's Report for
Assessment District 84 -2 for fiscal year 95/96: a) a new zone
of benefit, consisting of all properties within PC -3, to fund
the maintenance of the parkway landscaping on Tierra Rejada
Road within PC -3; b) an additional Citywide assessment for the
maintenance of the median landscaping on Tierra Rejada Road
within PC -3; and c) assessment amounts equal to only the cost
anticipated to be incurred by the City during fiscal year
95/96 for the maintenance of said improvements. The motion
carried by unanimous voice vote.
I. Consider Adoption of Resolution Nos. 95 -1094 and 95 -1095
Authorizing the Preparation of Engineer's Reports for
AD 84 -2 and AD 85 -1 for FY 95/96• and Approval of
Consulting Services Required for the Preparation of Said
Engineer's Reports and Other Related Services. Staff
Recommendation: 1) Adopt Resolution Nos. 95 -1094 and 95-
1095 authorizing preparation of Engineer's Reports for
the Moorpark Lighting and Landscaping Maintenance
Assessment District (AD 84 -2) and the Moorpark Parks
Maintenance Assessment District (AD 85 -1) for FY 1994/95;
2) Approve the selection of Dwight French and Associates
to prepare FY 95/96 Engineer's Reports for AD 84 -2 and AD
85 -1 for a fee not to exceed $11,500 ($8,490 for the
reports plus a Not to Exceed Amount of $3,010 in
reimbursable expenses) ; 3) Authorize the City Manager to
sign a letter of agreement with Dwight French and
Associates for said services; 4) Direct staff to prepare
a report analyzing and evaluating a number of alternative
methods to spread landscape maintenance costs to affected
properties; 5) Direct staff to prepare a letter for the
Mayor's signature to Buttercreek Estates II HOA relative
to landscape concerns; and 6) Direct staff to include in
the Engineer's Report provisions for the modification of
the boundary for Zone 1 as described in the staff report.
Mr. Gilbert gave the staff report.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to adopt Resolution No. 95 -1094
authorizing preparation of an Engineer's Report for the
Moorpark Lighting and Landscaping Maintenance Assessment
District (AD84 -2) for fiscal year 95/96, said report to
include provisions allowing for the establishment of one or
more new zones of benefit for the maintenance of certain
landscaping within the Mountain Meadows Planned Community (PC-
3) ; adopt Resolution No. 95 -1095 authorizing preparation of an
Engineer's Report for the Moorpark Parks Maintenance
Minutes of the City Council
Moorpark, California Page 18 January 4, 1995
Assessment District (AD85 -1) for fiscal year 95/96; approve
the selection of Dwight French & Associates to prepare FY95/96
Engineer's Reports for AD84 -2 and AD85 -1 for a fee not to
exceed $11,500 (Council approval shall be required for
expenditures in excess of $11,500) ; authorize the City Manager
to sign a letter of agreement with Dwight French & Associates
for said services; direct staff to prepare a report, for
presentation to the City Council in March of 1995, analyzing
and evaluating a number of alternative methods to spread
landscape maintenance costs to affected properties; concur
with staff recommendations to not intervene and attempt to
address the concerns raised by the Buttercreek Estates II HOA,
and direct staff to prepare a letter, for the Mayor's
signature to said HOA suggesting that they consider working
with the adjacent HOA's to find a satisfactory resolution to
their mutual concerns; direct staff to include in the
Engineer's Report provisions for the modification of the
boundaries for Zone I as described in the report dated
December 15, 1994. The motion carried by unanimous voice
vote.
J. Consider Town Hall Meeting Schedule For 1995. Staff
Recommendation: Direct staff as deemed appropriate.
CONSENSUS: By consensus, the Council determined to continue
this item to January 11, 1995,
12. ORDINANCES:
None.
13. CLOSED SESSION:
MOTION: Councilmember Montgomery moved and Councilmember
Wozniak seconded a motion to adjourn to Closed Session for the
discussion of items 13.A. and 13.D.
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to
subdivision (b) to Section 54956.9 of the Government
Code: (Number of cases to be discussed - four)
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
The motion carried by unanimous voice vote.
Minutes of the City Council
Moorpark, California Page 19 January 4, 1995
AT THIS POINT in the meeting, a recess was declared. The time
was 11:10 p.m.
The Council reconvened into Closed Session at 11:13 p.m.
Present in Closed Session were all Councilmembers, Steven
Kueny, City Manager; Richard Hare, Deputy City Manager; and
Cheryl Kane, City Attorney.
The Council reconvened into Open Session at 11:35 p.m. Mr.
Kueny stated there was no action to report out of Closed
Session and only Items 13.A. and 13.D. were discussed.
MOTION: Councilmember Montgomery moved and Councilmember
Hunter seconded a motion to reject the claim of Andre Ferguson
Green and to so notify the claimant. The motion carried by
unanimous voice vote.
14. ADJOURNMENT:
Mayor Lawrason adjourned the meeting at 11:35 p.m.
Paul W. La ason Jr., ayor
ATTEST:
Lillian E.
J.h �