HomeMy WebLinkAboutMIN 1996 0619 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California June 19, 1996
�. A Regular Meeting of the City Council of the City of Moorpark was
held on June 19, 1996, 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:
Nelson Miller led the Pledge of Allegiance.
3. ROLL CALL:
Present: Councilmembers Brown, Hunter, Perez, Wozniak
and Mayor Lawrason
Staff Present: Steven Kueny, City Manager; Richard Hare,
Deputy City Manager; Ken Gilbert, Director of
Public Works; Nelson Miller, Director of
Community Development; Mary Lindley, Assistant
to the City Manager; Paul Porter, Senior
Planner; Steve Hayes, Economic Development/
Redevelopment Manager; Lieutenant Marty Rouse,
Sheriff's Department; Dirk Lovett, Assistant
City Engineer; John Whitman, Traffic Engineer;
Christine Adams, Director of Community
Services; Don Reynolds, Administrative
Services Manager; and Dorothy Vandaveer,
Deputy City Clerk
4. PROCLAMATIONS AND COMMENDATIONS:
A. Recognition of Moorpark High School Girls' Softball Team.
This presentation was postponed to July 2, 1996.
B. Introduction of Leonard Mendez, Maintenance Worker, and
Nelson Miller, Director of Community Development.
Mayor Lawrason introduced Leonard Mendez and Nelson
Miller.
C. Recognition of Graduates of the Entrepreneur Academy.
Mayor Lawrason introduced Jeffrey Smith, a recent
graduate of the Academy who was representing the class.
Minutes of the City Council
Moorpark, California Page 2 June, 19, 1996
D. Recognition of John Casillas for Certified Backflow
Inspector.
Mayor Lawrason introduced and congratulated John Casillas
for his certification.
5. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
6. PUBLIC COMMENT:
Bill LaPerch, 7200 Walnut Canyon Road, requested that the
preparers of the Environmental Impact Report of Specific Plans
affecting the northern portion of the City look at a route
north of the C Street connection or to consider the 118 bypass
seriously as a redirection of east /west traffic through the
City.
Linda Bredemann, 45 E. High Street, spoke as the owner of the
Moorpark Melodrama. She stated that she has the opportunity
to use the facility for a filming project inside the theater,
but the fees that the City will charge the person doing the
filming is prohibitive. She requested that the Council
reevaluate the cost of allowing an entity to film in the City
on private property.
Mr. Kueny suggested that this issue could be addressed at the
next meeting of the Economic Development /Affordable Housing
Committee and a recommendation could be brought back to the
Council at the July 2, 1996 City Council meeting.
Joe Ahearn, Acres Realty, 484 E. Los Angeles Avenue, stated
that he has copies available of the City of Agoura Hills'
ordinance relative to day laborers. He continued by
suggesting that the City consider setting some parcels of land
aside as a Community Reserve Zone which would allow the City
to determine at a later date what the appropriate zoning for
that property is based on adjacent development.
7. CONSENT CALENDAR:
Mr. Kueny requested that Item 8.H. be pulled to make a minor
change.
Minutes of the City Council
Moorpark, California Page 3 June, 19, 1996
Councilmember Brown requested that a change be made to
the Minutes of May 23, 1996. She indicated that on page
11, relative to the discussion regarding Economic
Development Collaborative of Ventura County, she wants
the minutes to reflect that she dissented on the approval
of the Articles of Incorporation for this organization
because there is already an entity that is privately
funded that addresses the economic development concerns
within the County.
MOTION: Councilmember Brown moved and Councilmember Perez
seconded a motion to approve the Consent Calendar with the
exception of Item H., and with the suggested change to the
minutes of the May 23, 1996 Regular City Council meeting. The
motion carried by 5 -0 roll call vote.
A. Consider Approval of Minutes of Special City Council
Meeting of May 23, 1996.
Consider Approval of Minutes of the Adjourned Regular
Meeting of the City Council of April 10, 1996.
Consider Approval of Minutes of the Special Meeting of
the City Council of May 29, 1996.
Staff Recommendation: Approve the minutes as processed.
B. Consider Approval of Warrant Register.
Manual Warrants 30700 -30707 $ 19,958.27
Voided Warrant 30258 $ (55.90)
Regular Warrants 30708 - 30875 $728,460.09
Staff Recommendation: Approve the Warrant Register.
C. Consider Conceptual Design for a Pavement Rehabilitation
Project for Valley Road. Staff and the Transportation
and Streets Committee Recommendation: Approve the
conceptual design for the subject project and direct
staff to proceed with the preparation of the final design
plans and specifications.
D. Consider Conceptual Design for a Pavement Rehabilitation
Project for Maureen Lane. Staff and the Transportation
and Streets Committee Recommendation: Approve the
conceptual design for the subject project and direct
Minutes of the City Council
Moorpark, California Page 4 June, 19, 1996
staff to proceed with the preparation of the final design
plans and specifications.
E. Consider Approval of Lot Line Adjustment 96 -1, Request to
Modify the Property Lines Between Lot 31 and Parcels E
( #'s 505 -0- 230 -285 and 505 -0- 230 -545) Which are Located
in Tract 4341 -1 (Urban West Communities). Staff
Recommendation: Receive and file the report.
F. Consider Minor Modification No. 2 to Conditional Use
Permit No. 4022 (Philip), Request for 10 Year Extension
for Operation of a Veterinary Clinic at 173 High Street.
Staff Recommendation: Receive and file the report.
G. Consider Adoption of "Gann" Appropriation Limit
Resolution No. 96 -1203. Staff Recommendation: Approve
Resolution No. 96 -1203 establishing the City's
appropriation limit.
I. Consider Records Retention Schedule. Staff
Recommendation: Approve the retention schedule and direct
-" that the Retention Schedule and implementation policies
and procedures be brought back to the Council for
adoption in FY96/97.
J. Consider a Transfer of Funds from Gas Tax (Fund 3), City -
Wide Traffic Mitigation, (Fund 21), Affordable Housing,
(Fund 22), and the Transportation Systems Management Fund
(Fund 24), to the Community Development Fund (Fund 41)
and the General Fund (1). Staff Recommendation: That the
City Council authorize the following transfers from
related funds to the General Fund and Community
Development Funds, as follows: 1) Reduce the June 30,
1996, Estimated Fund Balance of $1,177,983 in Fund 3 by
transferring $699 to Fund 41 ($536.70) and the General
Fund ($162.30); 2) Reduce the June 30, 1996, Estimated
Fund Balance of $854,849 in Fund 21 by transferring
$6,957 to Fund 41 ($5,427) and the General Fund ($1,530);
3) Reduce the June 30, 1996, Estimated Fund Balance of
$529,351 in Fund 22 by transferring $11,810.50 to Fund 41
($8,886.75) and the General Fund ($2,923.76); and 4)
Reduce the June 30, 1996, Estimated Fund Balance of
$558,312 in Fund 24 by transferring $787 to Fund 41
($582.61) and the General Fund ($204.39).
Minutes of the City Council
Moorpark, California Page 5
June, 19, 1996
K. Confirm Provisions of Performance Based Administrative
Leave to the City Manager and Department Heads. Staff
Recommendation: Consistent with the report 1) Approve one
week of administrative leave for the City Manager for
Fiscal Year 1995/96 and continue policy of making it
available based on performance for 1996/97; and, 2)
Approve City Manager's authority to approve one week of
Administrative Leave for the Department Heads for 1995/96
and 1996/97.
The following item was pulled for individual consideration:
H. Consider Approval of Resolution No. 96 -1204 Approving
Tentative Tract Map No. 5001 and Commercial Planned
Development Permit No. 95 -1 (Marketplace Partners 3).
Staff Recommendation: Adopt Resolution No. 96 -1204.
Mr. Kueny stated that the language included in the
resolution as Condition No. 14 in the Conditions of
Approval for CPD 95 -1, is not the language that was
approved by the Planning Commission and that the
applicant had not been made aware of the change. He
stated that the language should be maintained as it was
in the original version as it was known by the applicant.
MOTION: Councilmember Brown moved and Mayor Lawrason seconded
a motion to approve Resolution NO. 96 -1204 with the change of
Condition No. 14 of the Conditions of Approval from the
following:
"Severabilit
14. If any of the conditions or limitations of this permit
are held to be invalid by a court of competent
jurisdiction, that holding shall render this Permit null
and void at the discretion of the City."
to read as follows:
"Severabilit
14. If any of the conditions or limitations of this permit
are held to be invalid, that holding shall not invalidate
any of the remaining conditions or limitations set
forth."
The motion carried by unanimous voice vote.
Minutes of the City Council
Moorpark, California Page 6 June, 19, 1996
8. PUBLIC HEARINGS:
A. Consider Making Certain Changes to (AD84 -2) Assessment
District for Lighting and Landscape and Confirming the
Assessments for Fiscal Year 1996/97. Staff
Recommendation: 1) receive
testimony and close the public hearing; 2) Make a
determination regarding the scope of improvements to be
accepted by the City and maintained by the Zone 10
assessment; 3) Direct staff to fund anticipated costs
related to the locking and unlocking of gates at the Home
Acres Buffer from the Zone 8 maintenance assessment and
to carry over any year end deficit to the FY 1997/98 Zone
8 maintenance assessment; 4) Continue all other matters
to the date of the Budget Workshops; (Subsequent to the
budget workshop meetings, but no later than June 30,
1996, staff recommends that the City Council adopt
Resolution No. 96 -1205 Making certain changes to AD 84 -2
and confirming the assessments for Fiscal Year 1996/97.
(CONTINUED ITEM) (PUBLIC HEARING REMAINS OPEN)
Ken Gilbert gave the staff report.
Keith Millhouse, 12417 Willowgrove Court, addressed the
Council as a Board Member of the Master Homeowners'
Association. He said the Board received 900 responses to
the survey they had sent out relative to this issue. He
said the Board voted unanimously at their last meeting to
transfer the land and the landscape maintenance of this
property to the City. He said the Master Association is
suggesting a walkthrough prior to the transition to
ensure that it is being transferred in condition
acceptable to both entities.
Mayor Lawrason closed the public hearing.
CONSENSUS: By consensus, the Council determined to make a
determination to approve Option B. on page 9 of the staff
report dated May 21, 1996, Zone 10, as the scope which is the
Tierra Rejada Parkway North of Park Entry, Peach Hill Wash
Slope, Shadyridge strip, and Tierra Rejada Road parkways; the
Single Family Residential Assessment to be $46.54; the total
Assessment to be approximately $118,132.
Minutes of the City Council
Moorpark, California Page 7
June, 19, 1996
MOTION: Councilmember Brown moved and Councilmember Wozniak
seconded a motion that if MMCA properties are to be maintained
by the City, the acceptance for maintenance should be in
writing effective July 1, 1996, subject to MMCA completion of
all of the prerequisites previously approved by the City
Council. The motion carried by unanimous voice vote.
MOTION: Mayor Lawrason moved and Councilmember Wozniak
seconded a motion to approve the funding of costs related to
the locking and unlocking of gates at the Home Acres Buffer
from the Zone 8 maintenance assessment and direct staff to
carry over any year end deficit to the FY 1997/98 Zone 8
maintenance assessment. The motion carried by unanimous voice
vote.
MOTION: Mayor Lawrason moved and Councilmember Perez seconded
a motion to confirm the FY 1996/97 assessment for citywide
lighting and landscaping maintenance to be $32.62 per single
family residence. The motion failed by 2 -3 roll call vote,
Councilmembers Brown, Hunter and Wozniak dissenting.
In response to Councilmember Hunter, Mr. Gilbert
explained that some of the candidate projects for
parkways which are yet to be determined include Los
Angeles Avenue West of Tierra Rejada Road, the Peach Hill
Road Parkways, and some future parkways along Los Angeles
Avenue when the widening occurs.
MOTION: Councilmember Wozniak moved and Councilmember Hunter
seconded a motion to confirm the proposed FY 1996/97
assessment for citywide lighting and landscaping maintenance
to be $27.69 per single family residence (landscaping $7.92
and lighting $19.77); and direct staff to prepare a financial
report on Fund 23 for the first meeting in October and to
defer all proposed capital improvement projects until after
the completion of that year end audit of Fund 23. The motion
carried by 3 -2 roll call vote, Mayor Lawrason and
Councilmember Perez dissenting.
MOTION: Councilmember Hunter moved and Councilmember Wozniak
seconded a motion to direct the Assessment Engineer to revise
the Engineer's Report as necessary to reflect the actions
tonight; and, adopt Resolution No. 96 -1205 making certain
changes to AD84 -2 and confirming the assessments for Fiscal
-- Year 1996/97. The motion carried by unanimous voice vote.
Minutes of the City Council
Moorpark, California Page 8
June, 19, 1996
B. Consider Making Certain Changes to (AD85 -1) Assessment
District for Parks Maintenance and Confirming the
Assessments for Fiscal Year 1996/97. Staff
Recommendation: receive
testimony and continue these matters to the date of the
Budget Workshops. (Note: Subsequent to the budget
workshop meetings, but no later than June 30, 1996, staff
recommends that the City Council take the following
actions: a) determine the source and amount, if any, of
a budget transfer to reduce the total amount of the
assessments; b) in the event of such budget transfer,
reduce the amount of the total assessment for FY 1996/97,
as required; and c) adopt Resolution No. 96 -1206 Making
certain changes to AD85 -1 and confirming the assessments
for Fiscal Year 1996/97.) (CONTINUED ITEM) (PUBLIC
HEARING REMAINS OPEN)
Mr. Gilbert gave the staff report.
Mayor Lawrason closed the public hearing.
Councilmember Hunter stated that he believes the Council
has an obligation to keep the assessments as low as
possible for the residents.
Mayor Lawrason stated that some of the increases in the
assessments should be passed along over the years,
because to not do so creates an artificial perception on
the part of the public as to what the costs really are.
Councilmember Brown stated that she has a concern based
on the fact that funding decisions are made easier by the
belief that items can be funded by adding them to the
Assessment District.
Mayor Lawrason commented that the assessments have
increased and justifiably so with the increase in park
acreage within the City.
Councilmember Brown indicated that community cooperation
in helping to improve and maintain the parks needs to be
cultivated to help with funding improvements and
maintenance.
Minutes of the City Council
Moorpark, California Page 9 June, 19, 1996
MOTION: Councilmember Wozniak moved and Mayor Lawrason
seconded a motion to confirm the Lighting and Landscape
Assessment for Fiscal Year 1996/97 to be $40.16 per Single
Family Residence; $225,700 will be used from General Fund to
offset assessment in AD85 -1; $150,700 of that will be used
this year; $75,000 plus any additional savings and interest to
be restricted for FY 1997/98 offset. The motion carried by 3-
2 roll call vote, Councilmembers Brown and Hunter dissenting.
MOTION: Councilmember Wozniak moved and Mayor Lawrason
seconded a motion to amend the motion just passed to include
that the amount to be used to offset the assessment in AD85 -1
may vary above or below the amount of $75,000 for FY 97/98 ;
to adopt Resolution No. 96 -1206 making certain changes to
AD85 -1 and confirming the assessments for Fiscal Year 1996/97.
The motion carried by 3 -2 roll call vote, Councilmembers
Brown and Hunter dissenting.
AT THIS POINT in the meeting, the Council took a recess. The
time was 9:06 p.m. The Council reconvened at 9:26 p.m.
-° C. Consider Resolution No. 96- Relative to Appeal No. 96-
1 Filed by Aquaria, Inc., Sherman Family Investment
Group, Ltd., Teledyne Laars and Kavlico Corporation
Appealing the Action of the Planning Commission
Approving Conditional Use Permit No. 95 -2 to Permit a
Service Station /Mini -Mart at Condor Drive and Los Angeles
Avenue. Staff Recommendation: Adopt Resolution No. 96-
Denying Appeal No. 96 -1 and approving Conditional Use
Permit No. 95 -2.
Mr. Miller gave the staff report. He suggested changes
to be made to the proposed Resolution as follows:
Relative to Street Improvements, Condition No. 69.d. of
the Conditional Use Permit, which reads as follows:
"d. The driveway opening on Los Angeles Avenue shall be
allowed with the requirement that the project shall
construct a median on Los Angeles Avenue, the
design of which is subject to the review and
approval of the City Engineer, Director of
Community Development and Caltrans. The median
shall be constructed prior to issuance of a
-- Certificate of Occupancy."
Minutes of the City Council
Moorpark, California Page 10 June, 19, 1996
be changed to read:
"d. The driveway opening on Los Angeles Avenue shall be
allowed with the requirement that the project
applicant shall construct a raised median on Los
Angeles Avenue, the design of which is subject to
the review and approval of the City Engineer,
Director of Community Development and Caltrans.
The median shall be constructed prior to issuance
of a Certificate of Occupancy. The median shall
incorporate appropriate tapers and transitions and
shall extend across the project frontage and
through the Kavlico driveway turning bay to the
south and the off -ramp intersection to the north
side of the freeway. The median shall be
constructed prior to issuance of a Certificate of
Occupancy."
Mr. Miller stated that the following changes should be
made to make the Mitigation Measures consistent with the
Planning Commission action.
Relative to the Mitigated Negative Declaration, on page
31, under Project Impacts, second paragraph:
Should be changed to delete the following sentences:
"This is insufficient distance to safely allow vehicles
to weave across traffic for a turn onto SR 118 ramps.
Also, there is insufficient control to prohibit left
turns from a project driveway on Old Los Angeles Avenue.
Therefore, it was recommended by the Traffic Engineer
that the project be approved, but that the driveway onto
Old Los Angeles Avenue be deleted."
and replace it with the following sentence:
"The driveway onto Old Los Angeles Avenue shall be
deleted or a raised median shall be installed."
On page 49, under Traffic /Parking Mitigation, the last
starred item which now reads:
"* No driveway openings on Los Angeles Avenue shall be
allowed."
Minutes of the City Council
Moorpark, California Page 11 June, 19, 1996
Shall be changed to read:
"* No driveway openings on Los Angeles Avenue shall be
allowed, or a raised median shall be installed on
Old Los Angeles Avenue."
On page 32, under Street Improvements, the last starred
item which now reads:
"* No driveway openings on Los Angeles Avenue shall be
allowed."
Shall be changed to read:
"* No driveway openings on Los Angeles Avenue shall be
allowed, or a raised median shall be installed on
Old Los Angeles Avenue."
Mayor Lawrason opened the public hearing.
The Deputy City Clerk stated that this is a properly
noticed public hearing.
Paul Crane, 2049 Century Park East, Los Angeles, spoke as
Legal Counsel representing the Appellants, Aquaria,
Teledyne Laars, and Kavlico. He said the approval of
this project indicates a failure to meet the City's own
zoning requirements in a number of instances. He said he
believes a number of items were misrepresented to the
Planning Commission at the time of their decision. He
also indicated that this project is inconsistent with the
CC &R's.
Bruce Tackman, V. P. of Finance and Chief Financial
Officer of Kavlico Corporation, 14501 Los Angeles
Avenue, addressed the Council and related concerns that
his company has if this project is allowed to be built.
He stated the following: 1) the distance between Condor
Drive and the 118 on ramp is insufficient for traffic to
safely negotiate the changing of lanes that will occur;
2) there are no similar projects located within
industrial areas in the City; 3) this may become a 24-
hour facility which is undesirable; 4) the applicant may
Minutes of the City Council
Moorpark, California Page 12 June, 19, 1996
acquire the adjacent two acres and their intent for that
land use is not known; and 5) there are discrepancies in
the information provided to the Planning Commission and
to the City Council.
E. Keith McQueen, 6000 Condor Drive, spoke as Vice
President of Operations for Teledyne Laars. He said the
traffic, security and the possible movement of the day
laborers to this area are his concerns. He said he
believes the traffic distances were incorrectly presented
to the Planning Commission.
John McGreevy, 6100 Condor Drive, spoke as Controller of
Aquaria, Inc. He said his business is very family -
oriented and they want the safety of the business park to
remain as it is now.
Steve Orosz, 2530 Financial Square Drive, Oxnard, spoke
as a Traffic Engineer with Penfield and Smith,Engineers.
He stated that he was retained by Aquaria, Teledyne
Laars, and Kavlico to look at the traffic study that was
done for the proposed project. He stated the following
concerns: 1) The construction of the driveway on Los
Angeles Avenue. He said if the driveway is built, there
are three areas where a right turn could be made and this
creates a safety problem. 2) He said if Caltrans was
given the correct information regarding the site plan,
their favorable decision would have been different. 3)
The driveway location. He said traffic will be able to
cut through from Condor to Los Angeles Avenue and this
is an illegal maneuver. He said the width of the
driveway allows cars to enter it at too fast a speed
which is dangerous.
Mr. Orosz summarized that 1) the driveway on Los Angeles
Avenue could create a safety hazard, 2) the results of
the traffic study that was done could be misleading; 3)
the trip generation estimates are inaccurate; and the
driveways along Condor Drive should be reevaluated from
a safety standpoint.
Anna M. Boukhari, 1115 Rambling Road, Simi Valley, spoke
as the applicant. She stated that they wish the concerns
of the appellants had been brought forward at an earlier
-- time when they had not progressed so far with their plans
and financing for the proposed project.
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Moorpark, California Page 13 June, 19, 1996
Lloyd Maitland, 5359 Indian Hills Drive, Simi Valley,
spoke as the applicant's representative. He stated that
they have been through the approval process and have
proven their case. He requested that the Council deny the
appeal. He indicated that if the applicant were to
acquire the two acre parcel of adjacent land for
development, the development would have to go through
the public hearing process just like this project is
doing and the appellants would be aware of it.
Steve Weinberger, 2200 Range Avenue, Suite 102, Simi
Valley, spoke as a traffic and civil engineer for
Whitlock, Weinberger Transportation, Inc. He said all
concerns have been met or resolved.
AT THIS POINT in the meeting, the Council reordered the
agenda. The time was 10:45 p.m.
CONSENSUS: By consensus, the Council determined to consider
the Presentation /Action /Discussion items in the following
order: 10.F., 10.K., 10.C., 10.D., 10.E., 10.H., 10.L., 10.M.,
-- 10.N., 10.0, and to continue Items 10.A., 10.B.,10.G. and
10.J. to July 1, 1996; and to continue Item 10.I. to August 7,
1996.
AT THIS POINT, the Council resumed the public hearing.
David Drummond, 2908 Palm Avenue, Manhattan Beach, spoke
as one of the owners of the property. He said the CC &R's
are typically worded very generally so industrial uses
can be incorporated into a development. He requested
that the appeal be denied.
Bill Poleri, 6863 Trojan Court, spoke in opposition to
the service station being constructed at Condor Drive and
Los Angeles Avenue because it is too close to residential
areas and for crime reasons.
Gary Downes, 6414 Harvard Street, spoke in opposition to
the minimart location.
Carolyn Poleri, 6863 Trojan Court, spoke in opposition to
the minimart and gas station.
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Moorpark, California Page 14 June, 19, 1996
Amer Bata, 1015 Sunset Oak Circle, Thousand Oaks, spoke
in favor of the proposed project as he would like a place
to buy gasoline and coffee while working in Moorpark.
John Drury, 13544 Quail Summit, said he supports the
project. He said he believes it fits the community and
the sales tax revenue would be a benefit to the City.
Tim Saivar, 15594 Mallory Court, spoke in favor of the
service station. He said he would welcome having a
service station in the neighborhood.
Paul Crane, 2049 Century Park East, Los Angeles, said
this project does not fit in with the architecture of the
business park. He said it will increase traffic in the
area by drawing cars from the freeway to purchase
gasoline.
Steve Orosz, 2530 Financial Square Drive, Oxnard, said
there are still items of concern that need to be
investigated before the project is approved.
Councilmember Wozniak said he wants to have more
information regarding the neighborhood minimart and their
hours of operation. He said a condition of approval
should be added that no beer or wine will be sold at the
gas station.
Councilmember Hunter requested information relative to
what the zoning ordinance allows. He recommended
continuing this item to a meeting where the City
Attorney will be present. He said he wants to see the
exact application and how it compares to the amendments
made.
Councilmember Perez requested some additional
information about the considerations of the Planning
Commission in making their decision to approve the
application.
Mayor Lawrason requested more information relative to
how the curb cut was approved.
Councilmember Hunter also requested more detail regarding
-- the Caltrans minimum required distance between the onramp
and the driveway of the proposed project.
Minutes of the City Council
Moorpark, California Page 15 June, 19, 1996
Paul Porter said that Caltrans did send a letter to the
applicant conceptually approving the driveway distance.
He said a copy of the letter was provided the day of the
Planning Commission hearing.
Councilmember Hunter requested a copy of the letter.
Councilmember Perez said attention needs to be given to
the height of the canopy to see if it can be lowered and,
also, to the number of tree plantings in the area.
CONSENSUS: By consensus, the Council determined to direct the
City's Traffic Engineer to prepare a report based on the
applicant's and appellants' additional traffic study
information.
Mr. Kueny indicated that if there is additional
information to be submitted by the appellant or the
applicant, it must be submitted by 5:00 p.m. Friday, June
21, to the traffic engineer's office.
-- MOTION: Councilmember Brown moved and Councilmember Wozniak
seconded a motion to continue this item to July 2, 1996, the
public hearing to remain open. The motion carried by
unanimous voice vote.
AT THIS POINT in the meeting, the Council took a recess. The
time was 11:45 p.m. The meeting reconvened at 11:50 p.m.
9. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Mayor Lawrason read two announcements; one announcing the Town
Hall Meeting on June 22 at 9:00 a.m., and the second
announcement about the Farmer's Market to be held from 3:00 -
7:00 p.m. on Saturday, June 22, at the Metrolink parking lot
on High Street.
10. PRESENTATIONS /ACTION /DISCUSSION:
F. Consider Request for the City to Raise the Height of the
South Perimeter Wall for the Property Located at 41 Flory
Avenue (North Side of Los Angeles Avenue, West of Flory
Avenue). Staff Recommendation: Deny the subject
request.
Minutes of the City Council
Moorpark, California Page 16 June, 19, 1996
Tony Miranda, 41 Flory Street, addressed the Council and
said the wall is four feet high now, but it used to be
six feet tall as required by the Municipal Code.
Councilmember Brown said she believes the wall height is
an oversight on the part of the City.
Councilmember Perez said this seems to be an oversight
and he believes it is appropriate for the city to remedy
what is an intolerable situation.
Councilmember Hunter said that he has legal concerns if
the City contributes to remedy the situation.
Councilmember Brown suggested that there could be a
sharing of responsibility on the part of the City and the
Miranda family.
CONSENSUS: By consensus, the Council determined to direct
staff to talk to the Miranda family to seek a resolution to
restoring the wall to its required height of six feet; and to
-- bring this item back on a future agenda on the Consent
Calendar for Council consideration.
K. Consider Request for Monument Sign on High Street
(Heritage Board). Staff Recommendation: 1) Approve the
sign and location, and 2)Determine appropriate size of
sign.
Mr. Miller gave the staff report. He suggested that the
sign height not exceed four feet and that the rest of the
sign be proportional.
Charles Schwabauer, 12681 Broadway, described the
proposed sign. He said it will be four feet high and
will contain the Historical Society's logo. He indicated
that the Historical Society is offering to build and
maintain the sign.
MOTION: Councilmember Brown moved and Mayor Lawrason seconded
a motion to approve the construction of the Heritage Board
sign and direct staff to work with the Historical Society
relative to the final size of the sign; the Historical Society
to construct and maintain the sign. The motion carried by
unanimous voice vote.
Minutes of the City Council
Moorpark, California Page 17 June, 19, 1996
A. Consider City Manager's Monthly Report.
This item was continued to July 2, 1996.
B. Consider Authorizing the City Manager to Revise the
Procedures Relating to the Issuance of Parking Permits
Exempting Certain Vehicles from street Sweeping Parking
Restrictions to Allow for the Parking of Certain Vehicles
Along the Frontage of HOA Community Recreational
Facilities. Staff and Transportation and streets
Committee Recommendation: Authorize the City Manager to
revise the guidelines and procedures pertaining to the
issuance of parking permits exempting certain vehicles
from street sweeping parking restrictions, as described
in Section "E" of the staff report. (CONTINUED ITEM)
This item was continued to July 2, 1996.
C. Consider Authorization to Proceed with the Preliminary
Design and Preliminary Right -of -Way Acquisition Efforts
Required for the Widening of Los Angeles Avenue West of
-- South Condor Drive (Los Angeles Avenue - East). Staff
Recommendation: 1) Approve the future roadway alignment
for Los Angeles Avenue East defined as Alternate #2 in
the Alignment Study and summarized in this report
(centerline to be shifted northerly); 2) Approve the
right -of -way acquisition efforts and the preliminary
design for the retaining walls described in Option A set
forth in the report; 3) Direct staff to proceed with the
development of a preliminary design to determine actual
right -of -way requirements; 4) Direct staff to proceed
with the title work, engineering work and appraisal work
necessary to prepare the final Deeds for all of the
right -of -way required, and to determine estimated cost of
said acquisition; 5) Direct staff to report back to the
City Council when these efforts are completed, to seek
authorization to proceed with right -of -way acquisition.
(CONTINUED ITEM)
Mr. Gilbert gave the staff report. He stated that staff
is suggesting Alternate #2 outlined in the staff report
for the alignment of Los Angeles Avenue - East. He
stated that alignment shifts the centerline of the street
Minutes of the City Council
Moorpark, California Page 18 June, 19, 1996
northerly allowing for the construction of the project in
a manner which will not require the acquisition of
property from the residential properties fronting Avenida
Colonia on the south side of Los Angeles Avenue.
He continued by suggesting that Option A be selected in
proceeding with the implementation of the project. Mr.
Gilbert described Option A.
Councilmember Hunter said he supports the adoption of
Alternate #2, but believes Option B is the better choice
because if Los Angeles Avenue East is improved to four
lanes, as described in Option A, it is an invitation to
through traffic and is unfair to the residents in the
area.
Councilmember Brown said she does not want to see four
lanes at present, but the City should purchase now the
right -of -way that will be needed in the future to expand
to four lanes.
MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion to: A) select Alternate #2 relative to the
alignment of Los Angeles Avenue East to shift the centerline
of the street northerly allowing for the construction of the
project in a manner which will not require the acquisition of
property from the residential properties fronting Avenida
Colonia, located on the south side of Los Angeles Avenue; and
B) select Option A to 1) Acquire the full right -of -way
required for the construction of ultimate full -width (four
lanes) street improvements; 2) Construct retaining walls
required to accommodate the possible future construction of
full -width (four lane) street improvements; and, 3) Construct
interim improvements (one lane in each direction plus 14' wide
paved median) within that corridor; C) to authorize staff to
proceed with the preparation of a preliminary project design
to determine right -of -way requirements; D) to authorize staff
to also proceed with initial right -of -way acquisition efforts
(title work, deed preparation, property appraisals, etc.); and
E)to direct staff to report back to City Council when these
tasks are completed to seek authorization to proceed with
right -of -way acquisition. The motion carried by unanimous
voice vote.
Minutes of the City Council
Moorpark, California Page 19
June, 19, 1996
D. Consider Authorization to Advertise for Bids for the
Construction of a Street Along the West Side of
Poindexter Park and Naming of the Street. Staff
Recommendation: 1) Approve the plans and specifications
of the construction of the subject street improvement
project; 2) Approve the name of Gisler Street as the name
for this street and direct staff to proceed with the
steps necessary to officially designate this street name;
and, 3) Authorize staff to advertise for receipt of bids
for the construction of the subject project. (CONTINUED
ITEM) NEW STAFF RECOMMENDATION: Take off calendar.
CONSENSUS: By consensus, the Council determined to take this
item off calendar.
E. Consider City Appointment to the Ventura County
Transportation Commission Citizens Transportation
Advisory Committee (CTAC /Social Service Transportation
Advisory Council (SSTAC).
MOTION: Mayor Lawrason moved and Councilmember Hunter seconded
-- a motion to appoint Gary Lowenberg to the Ventura County
Transportation Commission Citizens Transportation Advisory
Committee /Social Service Transportation Advisory Council. The
motion carried by unanimous voice vote.
Councilmember Brown said that this is the only
appointment capacity that has no time limit involved.
She said the Council needs to decide on a definite term
for this position.
G. Consider Approval of the City's 1996/97 Legislative
Program. Staff Recommendation: Approve the 1996/97
legislative Program.
This item was continued to July 2, 1996.
H. Consider Approval of the City's Pavement Management
System. Staff Recommendation: Approve the Pavement
Management System.
Mr. Gilbert gave the staff report.
MOTION: Councilmember Brown moved and Councilmember Hunter
seconded a motion to approve the Pavement Management System.
The motion carried by unanimous voice vote.
Minutes of the City Council
Moorpark, California Page 20 June, 19, 1996
I. Consider Approval of Contracting with the Ventura County
Flood Control District to Perform Automobile Business
Inspections. Staff Recommendation: 1) Authorize the City
manager to sign documents necessary to retain the Ventura
County Flood Control District to perform automobile
business inspections through the County Environmental
Health Department, required by the City's National
Pollutant discharge Elimination System (NPDES) stormwater
discharge permit; 2) Authorize staff to issue a Purchase
Order for said inspection services to be charged to the
City's Stormwater Management Program expenses budgeted
for FY 1996/97 (01.145.642).
This item was continued until August 7, 1996.
J. Consider Ordinance No. Amending Section 9.16.020 of
the Municipal Code Related to Curfews and Loitering by
Minors. Staff Recommendation: 1) Approve a bail schedule
for $50.00 for those violations prosecuted as an
infraction; and 2) Introduce Ordinance No. For first
reading.
This item was continued to July 2, 1996.
L. Consider Ballot Measure to Allow Third Highest Vote
Getter (Council Seat) to be Appointee.
Councilmember Brown suggested that a measure be placed on
the November ballot to have an advisory vote for this
particular election. She said with that in place, the
Council could appoint the next runner up in the election
to the Council seat.
MOTION: Councilmember Brown moved and Councilmember Perez
seconded a motion to direct the City Attorney to prepare an
advisory ballot measure to fill a vacancy on the City Council
with the candidate who is the highest vote getter of the
runner ups in the election. The motion failed by 2 -3 roll
call vote, Councilmembers Hunter, Wozniak and Mayor Lawrason
dissenting.
Minutes of the City Council
Moorpark, California Page 21 June, 19, 1996
M. Consider City Attorney's Attendance at City Council
Meetings. Staff Recommendation: Continue the practice of
having the City Attorney scheduled to attend only the
first regular meeting of each month for the 1996/97
fiscal year.
Mr. Kueny suggested that we should continue this practice
for the next fiscal year.
MOTION: Mayor Lawrason moved and Councilmember Brown seconded
a motion to continue the practice of having the City Attorney
scheduled to attend only the first regular meeting of each
month for the 1996/97 fiscal year. The motion carried by
unanimous voice vote.
N. Consider Award of Contract for City Wide Landscape
Maintenance Services. Staff Recommendation: Direct staff
as deemed appropriate.
Mr. Kueny gave the staff report.
MOTION: Councilmember Brown moved and Councilmember Perez
seconded a motion to award the contract for citywide landscape
maintenance services to Sunridge Landscape Maintenance, Inc.,
for the amount of $431,984.00 for FY 1996/97; and 2) Authorize
Mayor to sign the agreement. The motion carried by unanimous
voice vote.
0. Consider Adoption of the Budget Resolution No. 96 -1207.
Staff Recommendation: Approve Resolution No. 96 -1207.
Don Reynolds gave the staff report.
MOTION: Councilmember Wozniak moved and Councilmember Perez
seconded a motion to adopt Resolution No. 96 -1207. The motion
carried by unanimous roll call vote.
12. CLOSED SESSION:
None was held.
13. ADJOURNMENT:
MOTION: Councilmember Hunter moved and Councilmember Perez
seconded a motion to adjourn the meeting. The motion carried
by unanimous voice vote.
Minutes of the City Council
Moorpark, California Page 22 June, 19, 1996
Mayor Lawrason adjourned the meeting at 12:30 a.m.
Paul W. tawrason Jr. P Mayor
ATTEST:
i lian E. Hare, City Clerk