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HomeMy WebLinkAboutMIN 1996 0918 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California September 18, 1996 A Regular Meeting of the City Council of the City of Moorpark was held on September 18, 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 :24 p.m. 2. PLEDGE OF ALLEGIANCE: Deputy Tumbleson 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; Charles Abbott, City Engineer; Dirk Lovett, Assistant City Engineer; Mary Lindley, Assistant to the City Manager; Cheryl Kane, City Attorney; Steven Hayes, Redevelopment /Economic Development Manager; Martin Cole, Management Analyst; Nelson Miller, Director of Community Development; Captain Marty Rouse, Sheriff's Department; Lillian Hare, City Clerk; and Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS AND COMMENDATIONS: A. Recognition of Colleen Lambert as Winner of the 1996 Country Days Theme and Logo Contest. Mayor Lawrason presented a t -shirt and a Certificate of Recognition to Colleen Lambert. B. Certificate of Recognition for Michael L. Owens for Achieving the Eagle Scour Award. Michael Owens was not present to receive the award which will be mailed to him. C. Proclamation for California Rideshare Week, October 7 -11, 1996. 5. Minutes of the City Council Moorpark, California Page 2 September 18, 1996 Mayor Lawrason presented Allen Holmes, Account Executive with the Southern California Association of Governments, with the proclamation for Rideshare Week. D. Proclamation for Navy Test and Evaluation Excellence Week, September 29 - October 6, 1996. Mayor Lawrason presented Jim Engel, Chairperson for the Point Mugu 50th Anniversary Celebration, with a proclamation for Navy Test and Evaluation Excellence Week. E. Proclamation Recognizing October as Crime Prevention Month. Mayor Lawrason presented a Certificate to Deputy Tumbleson and Neighborhood Watch Coordinators were presented with certificates from the Sheriff's Department. F. Proclamation to Recognize Mental Illness Awareness Week, October 6 - 12, 1996. Mayor Lawrason presented a proclamation to Eileen Payne, of the Ventura County Alliance for the Mentally Ill. G. City Manager's Monthly Report. Mr. Kueny provided an oral report to the Council regarding the status of various City projects. He introduced Mary Lindley, Assistant to the City Manager, who gave a brief report on her division activities. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 6. PUBLIC COMMENT: Jacqueline Green, 15354 E. Benwood Drive, addressed the Council regarding the traffic citation received by her son. She complained about the police procedures during the citing of her son. Theodore Green, Sr., 15354 E. Benwood Drive, addressed the Council regarding the traffic citation received by his son. Minutes of the City Council Moorpark, California Page 3 September 18, 1996 Connie Lawrason, 4291 Ambermeadow Street, addressed the Council regarding the upcoming Women's Fortnightly Club Candidates' Forum. Marjorie Blye, 4122 Hillcrest Drive, addressed the Council regarding the early morning noise caused by candidates erecting their political signs. 7. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Brown seconded a motion to pull Items 7.A., Minutes of the Regular Meeting of the City Council of August 7, 1996, and 7.F. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. 7-3 Wre M M0 = NO • •. • • • • • Staff Recommendation: Approve the minutes as processed. Fiscal Year 1995/1996: Regular Warrants 31629 -31632 $ 28,737.63 Fiscal Year 1996/1997: Manual Warrants 31623 -31628 $ 7,788.64 Voided Warrant 31531 $ (458.00) Regular Warrants 31636 -31741 $ 695,054.01 Staff Recommendation: Approve the Warrant Register. Minutes of the City Council Moorpark, California Page 4 September 18, 1996 C. Consider Acceptance of 1) a Deed to the Parkway Along the Frontage of Country Trail Park, and 2) a Deed to the Access Road to the Easterly End of the Peach Hill Wash. Staff Recommendation: 1) Approve a Certificate of Acceptance for a Grant Deed for certain property at the east end of the Peach Hill Wash and direct the City Clerk to forward said documents to the County for recordation; 2) Approve a Certificate of Acceptance for a Grant Deed for certain parkway parcels along the frontage of Country Trail Park and direct the City Clerk to forward said documents to the County for recordation. D. Consider Resolution No. 96 -1223 Establishing Certain Parking Restrictions in Poindexter Park. Staff Recommendation: Adopt Resolution No. 96 -1223. E. Consider Fiscal Year 1996/97 Goals and Objectives. Staff Recommendation: Receive and file the report. G. Consider Resolution No. 96 -1225 Approving a Budget Amendment for Legal Services from the Los Angeles Avenue -- Area of Contribution Fund ($4.000) and the Tierra Re! ada/ pring Road Area of Contribution Fund ($2,000). Staff Recommendation: Adopt Resolution No. 96 -1225 approving a budget amendment for legal services from the Los Angeles Avenue Area of Contribution Fund ($4,000) and the Tierra Rejada /Spring Road Area of Contribution Fund ($2, 000) . H. Consider Resolution No. 96 -1226 Approving a Budget Amendment for the Poindexter Park Construction Project ($22,407). Staff Recommendation: Adopt Resolution No. 96 -1226 approving a budget amendment in the amount of $21,407. The following items were pulled for individual consideration: A. Consider Approval of Minutes of the Regular Meeting of the City Council of Auaust 7. 1996. CONSENSUS: By consensus, the Council determined to request that the minutes be revised to reflect Councilmember Hunter's return to the dais during item 10.K. F. Consider Resolution No. 96-1224 Authorizing the City's FY 1996/97 Transportation Develoipment Act Claim. Staff Minutes of the City Council Moorpark, California Page 5 September 18, 1996 Recommendation: Adopt Resolution No. 96 -1224 approving the City's FY 1996/97 Transportation Development Act claim, and authorizing the City Manager, or his designee to sign the claim for submittal to the Ventura County Transportation Commission. Councilmember Perez requested consideration of spending TDA funds on shelters at the Metrolink station. MOTION: Councilmember Perez moved and Councilmember Hunter seconded a motion to adopt Resolution No.96 -1224 approving the City's Fiscal Year 1996/97 Transportation Development Act Claim and authorizing the City Manager or his designee to sign the claim for submittal to the Ventura County Transportation Commission. The motion carried by unanimous voice vote. 8. PUBLIC HEARINGS: A. Consider Public Hearing Regarding the Ouality of Cable Service Provided by Mountain Meadows /Entertainment Express. Staff Recommendation: Open the public hearing and receive testimony; continue the public hearing to September 18, 1996 (Continued item from July 2, 1996) PUBLIC HEARING REMAINS OPEN NEW STAFF RECOMMENDATION: Close the public hearing and assign review of the franchise agreement to a Council committee. Mr. Hare gave the staff report. Marc Sklar, 3273 M Street, Hollywood, addressed the Council for Entertainment Express. He said he understands there have been some problems regarding quality of service. He said Laura Ianetta, Assistant Manager of Entertainment Express, became ill and was off the job for awhile. He said the assistant they hired was not able to do the job, but that Laura is now back at work with a competent assistant. Connie Lawrason, 4291 Ambermeadow Street, spoke regarding the poor service that Mountain Meadows receives from Entertainment Express. Lori Rutter, 11611 Pinedale Road, spoke regarding negotiating for public access programming. Minutes of the City Council Moorpark, California Page 6 September 18, 1996 In response to Councilmember Brown, Mr. Hare indicated that public access programming is available to Moorpark residents through the TCI studios in Newbury Park. Mayor Lawrason closed the public hearing. MOTION: Councilmember Brown moved and Councilmember Wozniak seconded a motion to defer this matter to the Budget and Finance Committee. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, a recess was declared. The time was 8:28 p.m. The Council reconvened at 8:45 p.m. B. Consider Approval of Tentative Tract Map Nos, 4975, 4976. 4977. and 4980 on the Application of Carlsberg Financial Corporation. Staff Recommendation: Open the public hearing and accept public testimony; determine that the environmental effects discussed in the Subsequent EIR prepared for the Amended Carlsberg Specific Plan and the environmental effects of these proposed subdivisions are -- sufficiently similar to warrant the reuse of the Subsequent EIR; make the appropriate findings for each of the entitlements requested by the applicant; direct staff to prepare a resolution to be presented to the City Council at the next regular meeting approving the Tentative Tract Maps; approve the modification to the hiking trails; make a determination regarding a requirement for private recreational facilities regarding whether the applicant should be required to reserve a lot in each tract for a private recreational facility; make a determination as to whether maintenance of open space lots, slopes, parkway landscaping for all streets within residential tracts, any shared driveways, storm drains, any fencing or walls within common maintenance areas, recreational areas, and any slope directly affecting drainage or residential street facilities should be the responsibility of an assessment district or by homeowners' association; and for any areas to be maintained by assessment district, determine that the assessment district will not be responsible for maintenance for at least one year after total completion and maintenance of the improvements. Mr. Miller gave the staff report. Minutes of the City Council Moorpark, California Page 7 September 18, 1996 Mayor Lawrason opened the public hearing. Ron Tankersley, 2800 28th Street, Santa Monica, addressed the Council representing C.T. Financial. Mr. Tankersley indicated concurrence with the staff recommendation with the following exceptions: 1) Tract 4975, Condition 3 - He requested that he be allowed to work with staff to clarify the maximum variation for setbacks. 2) Tract 4975, Condition 75 - He requested the opportunity to review this condition with staff relative to the timing for turning over landscaping maintenance. Mr. Tankersley indicated that the above conditions would need to be changed for all tracts. Mr. Tankersley indicated that if possible C.T. Financial would prefer not to have homeowners -- associations. He also indicated that they would like further discussion on the recreational facilities and alternatives to providing the pool and meeting facilities. Marjorie Blye, 4122 Oakcrest Drive, addressed the Council regarding mitigation measures when grading is done along Spring Road relative to this project. She expressed concern regarding noise. She said equipment is being started as early as 6 :45 a.m. and idles very loudly for about 15 minutes. Mayor Lawrason requested that staff monitor and determine whether the work is being done within the approved times. Kevin Mauch, 13906 Keisha Drive, addressed the Council regarding the reduction in trails in the project from the original project. He said the Council should not allow the reduction. He also said he did not support the establishment of another Assessment District. In addition, he said public hearing notices are not clear enough to identify what is actually occurring at a public hearing. Minutes of the City Council Moorpark, California Page 8 September 18, 1996 Roseann Mikos, 1471 E. Cambridge Street, spoke representing herself. She said she was opposed to the reduction in the trail system. She also said that dirt style trails would help cut costs. She said she sees no reason for "purposeful destination." She also said that homeowner associations do not have the ability to keep up open space land and, therefore, opposed them for that purpose. She suggested that it was important that the vernal pool be designated as such in the conditions of approval. No rebuttal was provided by the applicant. The Council determined to review the conditions in Tract Map No. 4975 and make changes in conditions as needed which would be reflected in all other tracts. TRACT 4975 - •.III am OA M CONSENSUS: By consensus, the Council determined that the criteria for this shall be a minimum of three feet and a maximum of five feet in variation in front setbacks between adjacent lots. Mr. Tankersley indicated he would be willing to pay a $135,000 in -lieu fee to satisfy this condition. He said this would be the approximate cost of the improvements for a meeting facility and pool. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to not require a recreational facility but to direct staff to negotiate an in -lieu fee with the applicant to be applied to community recreational facilities. The motion carried by voice vote, 4 -1, Councilmember Hunter dissenting. Mr. Kueny said the Council might want to include language that prior to the recordation of the first phase of a map, if the applicant can come up with another mechanism Minutes of the City Council Moorpark, California Page 9 September 18, 1996 for open space maintenance, it would be considered. MOTION: Mayor Lawrason moved and Councilmember Brown seconded a motion to approve the staff recommendation that homeowner's associations be established as a requirement for the project -- one homeowner's association for the four tracts and the two institutional lots, the commercial/ industrial to stand alone; the homeowner's association to be responsible for the natural open space -- the trails, the vernal pool, and any manicured landscaping that is not adjacent to a public right -of -way, exclusive of the freeway; that an Assessment District zone of benefit be created for maintaining the parkway along the four collector streets -- Science Drive, Spring Road, Tierra Rejada, and Peach Hill Road; the medians on Science Drive, Spring Road, and Tierra Rejada to ultimately be part of the citywide assessment district; relative to Proposition 218, if an assessment district zone of benefit cannot be created, the responsibility for that area will fall on the homeowners association; should an alternative mechanism for management of the open space come forward prior to recordation of any of the four tracts, it will be considered. The motion carried by - unanimous voice vote. CONSENSUS: By consensus, the Council directed staff to work with the applicant to determine the number of homeowner's associations for the project. CONSENSUS: By consensus, the Council directed that relative to Condition 75, the staff come back with language regarding the timing of acceptance of the landscape and major street improvements. CONSENSUS: By consensus, the Council determined to direct staff to modify language to show the responsibility for maintaining the slough walls is the responsibility of the same entity who must maintain the adjacent slopes. CONSENSUS: By consensus, the Council directed staff to prepare language that open spaces be privately maintained; the approximate length of the originally proposed trails to be put back into the project but at a lower standard -- narrower, dirt rather than granite. CONSENSUS: By consensus, the Council directed the public hearing to be continued to October 2, 1996; the public hearing to remain open. Minutes of the City Council Moorpark, California Page 10 September 18, 1996 W Services. Staff Recommendation: Open the public hearing, receive written requests for funding and continue the public hearing to the regular meeting of October 16, 1996. Mr. Hare gave the staff report. Mayor Lawrason opened the public hearing. After Council discussion, Councilmembers Brown and Hunter volunteered to serve on an Ad Hoc Committee to discuss this item. Mayor Lawrason indicated their appointment to the committee with the consent of the City Council. Mayor Lawrason closed the public hearing. CONSENSUS: By consensus, the Council determined that a public forum would be held in conjunction with the Ad Hoc Committee meeting and that it would be noticed on cable television as well as through a press release. 9. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 10. PRESENTATIONS /ACTION /DISCUSSION: A. Consider Appointments to Moorpark Teen Council. Staff Recommendation: Appoint Teen Council Members for a 9 month term to begin immediately and end June 30, 1997. CONSENSUS: By consensus, this item was continued to October 2, 1996. B. Consider Replacement for the City's High Volume Copier. Staff Recommendation: That the City Council appropriate $24,500 from the Equipment Replacement Fund for the purchase of a Kodak 2085, (which includes the $2,000 credit for the IBM) , and declare the IBM III 85 as surplus equipment to be used as a trade -in for the new machine. (ROLL CALL VOTE) CONSENSUS: By consensus, the Council determined to continue this item to October 2, 1996. Minutes of the City Council Moorpark, California Page 11 September 18, 1996 C. Consider Approval of the Extension of the Perimeter Fence for Tierra Rejada Park, Located on Mountain Trail Street. Staff Recommendation: 1) Approve the reappropriation and rebudgeting of funds for that portion of the previously approved work constructed in FY 1996/97, as follows: General Fund (100.710.xxxx.000.9903): from 0 to $2,100 ($2,100 increase); 2) Determine the number (if any) of additional sections of fence to be constructed at Tierra Rejada Park and authorize staff to approve contract change orders for said work (if any) consistent with the unit costs described in the staff report; 3) Approve an adjustment to the appropriation and budget amendment defined in Recommendation #1, to reflect the additional cost of any additional work approved (Note: l: $1,650; 2: $3,300 or 3: $4,950)(ROLL CALL VOTE) Mr. Gilbert gave the staff report. Lisa Berg, 4067 Weeping Willow Drive, spoke representing the MOMS Club of Moorpark. She said that three more sections were needed to complete the fence extension to -- the corner of the parking lot. She said that's what had been expected and was needed for safety. Vicki Moreno, 13278 Bodega Place, spoke representing the MOMS Club of Moorpark. She indicated support for extension of the fence three more sections to the corner of the parking lot. Robert Coughlon, Jr., 11860 Courtney Lane, addressed the Council in support of extending the fence. Chris Evans, 4430 Cedarglen Court, addressed the Council in support of the extension of the fence. MOTION: Councilmember Hunter moved and Councilmember Brown seconded a motion to approve a reappropriation of funds and appropriation of new funds totaling $7,500; the Public Works Director to have latitude toinstall an additional rail at the bottom of the fence as necessary; the fence to be completed to the corner of the parking lot. The motion carried by unanimous roll call vote. D. Consider the Possible Establishment of a Speed Hump_ Program. Staff Recommendation: That the City Council not adopt a Speed Hump program. Minutes of the City Council Moorpark, California Page 12 September 18, 1996 CONSENSUS: By consensus, the Council determined to continue this item to October 16, 1996. E. Consider Left Turn Phasing for the Traffic Signal at the Intersection of Moorpark Road and Tierra Relada Road. Staff Recommendation: Direct staff as deemed appropriate. CONSENSUS: By consensus, the Council determined to continue this item to October 16, 1996. F. Consider Resolution No. 96- An Uplication for Ordinance Amendment No. 96 -1 Requesting Revisions to the Municipal Code to Establish Community Services Zone and Request to Continue Temporary Storage of Recreational Vehicles Pending Decision on Ordinance Amendment and Commercial Planned Development. Staff Recommendation: Adopt Resolution No. 96- directing the Planning Commission to study, set a public hearing and provide a recommendation to the City Council pertaining to the proposed change to the City's Zoning Ordinance; authorize the applicant to concurrently process a Commercial Planned Development and Zone Change and; authorize a continuance of the temporary recreational storage facility until the City Council renders a decision on the Zoning Ordinance Amendment, Commercial Planned Development and Zone Change. CONSENSUS: By consensus, the Council determined to continue this item to October 2, 1996. AT THIS POINT in the meeting, the Council reordered the agenda to hear Item 10.G. last. CONSENSUS: By consensus, the Council determined to continue this item to October 16, 1996. I. Consider Request for Waiver of Fees for Facility Use for Chamber of Commerce Sponsored Candidates' Forum in October. Staff Recommendation: Direct staff as deemed appropriate. Jim Stueck, 4767 Elderberry Avenue, addressed the Council on behalf of the Chamber of Commerce. He requested that Minutes of the City Council Moorpark, California Page 13 September 18, 1996 the Council waive fees for a candidates' forum. In response to Council question, Mr. Stueck indicated that a political action committee had been formed by the Chamber of Commerce and may consider supporting candidates for the upcoming Council election. The Council noted that the City had waived fees for one candidates' forum already, the Women's Fortnightly sponsored forum to be held on October 8. MOTION: Councilmember Perez moved and Councilmember Hunter seconded a motion to deny the request. The motion carried by voice vote 4 -1, Councilmember Wozniak dissenting. J. Consider qjf -Site Directional Signage for Chamber of Commerce. Staff Recommendation: Economic Development and Affordable Housing Committee and staff recommend that the City Council approve this request for directional signage for the Chamber of Commerce. -- Mr. Stueck, 4767 Elderberry Avenue, spoke on behalf of the Chamber of Commerce requesting off -site directional signage for the Chamber of Commerce. MOTION: Councilmember Brown moved and Councilmember Wozniak seconded a motion to approve the request for directional signage for the Chamber of Commerce as set forth in the staff report dated September 12, 1996 with approximate locations along the frontages of the Town Center, along Los Angeles Avenue, and in the vicinity of Simi Valley Bank with an additional sign on Moorpark Avenue. The motion carried by unanimous voice vote. K. Consider Lease Agreement Between Moorpark American Youth Soccer Organization (AYSO) and the City for Use of Arroyo Vista Community Park Facilities. Staff Recommendation: 1) Review the draft lease agreement and provide direction to staff for preparation of the lease agreement in final form; and 2) Authorize staff to accept improvements to the snack bar to include, but not limited to, a microwave, and a refrigerator in -lieu of fees for a maximum 100 hours of room use through December 31, 1996 stipulating that AYSO will be responsible for setup, cleanup and be a second priority reservation. Minutes of the City Council Moorpark, California Page 14 September 18, 1996 Mr. Hare gave the staff report. Bruce Levy, 12457 Mountain Trail, addressed the Council on behalf of AYSO. He requested that the Council waive fees for the meeting room at Arroyo Vista Community Center for the remainder of 1996 and forgive fees previously charged for room rental in 1996. Chris Evans, 4430 Cedarglen Court, addressed the Council and requested that they waive the fees requested by AYSO. MOTION: Councilmember Brown moved and Mayor Lawrason seconded a motion to forgive the cost of room rental for 1996; AYSO to be responsible for setup, cleanup, and to be a second priority reservation; AYSO directed to begin discussions relative to paying a fee for 1997. The motion carried by unanimous voice vote. G. Consider Revisions to Ventura County Guidelines for Orderly Development. Staff Recommendation: Direct staff as deemed appropriate. Mr. Miller gave the staff report. Roseann Mikos, 14371 E. Cambridge Street, addressed the Council and indicated that a five acre threshold would be a good "fall back" position. MOTION: Councilmember Brown moved and Councilmember Hunter seconded a motion to approve Resolution No. 96 -1227 with a change to the resolution that a threshold of five acres should be indicated as desired for the Moorpark Area of Interest with a strong recommendation that this threshold be accepted countywide. The motion carried by unanimous voice vote. 11. ORDINANCES: None. 12. CLOSED SESSION: No closed session was held. Minutes of the City Council Moorpark, California Page 15 September 18, 1996 13. ADJOURNMENT: Mayor Lawrason adjourned the meeting at 12:36 a.m. Paul W. awrason Jr. Mayor ATTEST: