HomeMy WebLinkAboutMIN 1996 1218 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California December 18, 1996
A Regular Meeting of the City Council of the City of Moorpark was
held on December 18, 1996, in the Council Chambers of said City
located at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Hunter called the meeting to order at 7:03 p.m.
2. PLEDGE OF ALLEGIANCE:
Mayor Hunter led the Pledge of Allegiance.
3. ROLL CALL:
Present: Councilmembers Evans, Perez, Rodgers Teasley,
Wozniak and Mayor Hunter.
Staff Present: Steven Kueny, City Manager; Richard Hare,
Deputy City Manager; Cheryl Kane, City
Attorney; Ken Gilbert, Director of Public
Works; Capt. Mike Lewis, Sheriff's Department;
Charles Abbott, City Engineer; Nelson Miller,
Director of Community Development; Mary
Lindley, Assistant to the City Manager; Jill
Rubin - Myers, Solid Waste Coordinator; Chris
Oberender, Abbott and Associates; Lillian
Hare, City Clerk; Dorothy Vandaveer, Deputy
City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
A. Presentation by Regal Cinemas to the Boys and Girls Club
of Moorpark.
Brian Kusserow, local manager for the Regal Cinemas, made
a presentation of the proceeds from the sale of soda and
popcorn at the grand opening of the Regal Cinemas to the
Boys and Girls Club. Don Moore received the check for
$1156.00 on behalf of the Boys and Girls Club.
B. Recognition of Moorpark Packers Football Team.
Mayor Hunter presented a certificate of recognition to
Coach Scott Rinehart. Mr. Rinehart presented patches to
the players, who are members of the Junior II Green Team
which was undefeated in the Pacific Youth Football League
Conference and acknowledged the Moorpark Packerette
Cheerleaders, Brittani Barrera and Taleen Atamian.
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C. Recognition of Moorpark High School Academic Decathlon
Team.
Mayor Hunter indicated this item would be rescheduled for
January 15.
D. City Manager's Monthly Report.
Mr. Kueny highlighted recent city activities and projects
and introduced Jill Rubin- Myers, Solid Waste Coordinator,
who gave an overview of her responsibilities and the
projects which she is currently working on.
5. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
CONSENSUS: By consensus, the Council determined to reorder the
agenda to take items 10.A., 10.G. and 10.H. after the Consent
Calendar but prior to the Public Hearings.
6. PUBLIC COMMENT:
Pete Peters, 7155 Walnut Canyon Road, spoke regarding the
recycling plant proposed on Shekell Road. He expressed
concern regarding the traffic and the dust that would be
created.
Carolyn Poleri, 6863 Trojan Court, addressed the Council and
invited them to participate in judging the home lighting
contest for the Moorpark Community Arts Committee.
7. CONSENT CALENDAR:
MOTION: Councilmember Wozniak moved and Councilmember Rodgers
Teasley seconded a motion to approve the Consent Calendar.
The motion carried by unanimous roll call vote.
A. Consider Approval of the Warrant Register.
Manual Warrants 32346 - 32353 $ 13,653.49
Regular Warrants 32358 - 32442 $482,828.94
Staff Recommendation: Approve the Warrant Register.
B. Consider Resolution No. 96 -1257 Relative to the
Replacement of City Computers. Staff Recommendation:
Adopt Resolution No. 96 -1257, and allocate $28,300 from
the Equipment Replacement Fund to complete the upgrade of
City computers, and declare the Apple and 386 'PC
equipment as surplus to be used for City sponsored
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Moorpark, California Page 3 December 18, 1996
recreation programs, and the balance of unused equipment
to be declared surplus and offered for sale at public
auction.
C. Consider Discussion of State Mining and Geology Board
Draft Guidelines for Evaluating and Mitigating Seismic
Hazards and Preliminary Seismic Hazards Maps Relating to
Liquefaction and Earthquake- Induced Landslides. Staff
Recommendation: Receive and file the report.
10. PRESENTATIONS /ACTION /DISCUSSION:
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NOMINATION: Mayor Hunter nominated and Councilmember
Perez seconded the nomination of Ernesto Acosta. The
nomination carried by unanimous voice vote.
NOMINATION: Mayor Hunter nominated and Councilmember
Wozniak seconded the nomination of Keith Millhouse. The
nomination carried by unanimous voice vote.
NOMINATION: Mayor Hunter nominated and Councilmember
Wozniak seconded the nomination of Paul Norcross. The
nomination carried by unanimous voice vote.
NOMINATION: Mayor Hunter nominated and Councilmember
Evans seconded the nomination of Gary Lowenberg. The
nomination carried by unanimous voice vote.
NOMINATION: Mayor Hunter nominated and Councilmember
Wozniak seconded the nomination of Edward Murphy. The
nomination failed by voice vote 2- 3,Councilmembers Evans,
Perez and Rodgers Teasley dissenting.
Councilmember Evans indicated he would like to maintain
consistency on the Commission by appointing Barton Miller
to continue to serve on the Planning Commission. He
indicated that Mr. Miller has 40 plus years of experience
serving the City in some capacity.
Councilmember Perez indicated by the same rationale, John
Torres could bring the same consistency to the
Commission.
NOMINATION: Mayor Hunter nominated and Councilmember
Evans seconded the nomination of Barton Miller. The
nomination carried by unanimous voice vote.
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Arroyo Vista Community Park. Staff Recommendation:
Approve the plans and specifications for the subject
project and authorize staff to advertise for receipt of
bids.
Mr. Gilbert gave the staff report.
MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion to approve the plans and specifications for
the project and authorize staff to advertise for receipt of
bids. The motion carried by unanimous voice vote.
Road. Staff Recommendation: 1) Adopt Resolution No. 96-
1261 approving a budget amendment to increase the
appropriation and budget amounts for the project as
follows: Los Angeles Avenue Area of Contribution Fund
(Account No. 211.901.8002.000.9903) from $300,000 to
$440,000 ($140,000 increase)l Spring Road Tierra Rejada
Road Area of Contribution Fund (Account No.
211.900.8002.9903) from $200,000 to $220,000 ($20,000
increase); 2) Award a contract to Gerstenberger
Construction Corporation in the amount of $507,894.00 for
the construction of the subject project; 3) Approve a
construction contingency in the amount of $52,106 for the
project and authorize the City Manager to approve
additional work, if required, for an amount not to exceed
ten percent of the contract; 4) Authorize the City
Manager to sign necessary contract documents. (ROLL CALL
VOTE REQUIRED).
Mr. Gilbert gave the staff report.
MOTION: Councilmember Evans moved and Councilmember Perez
seconded a motion to adopt Resolution 96 -1261 approving a
budget amendment to increase the appropriation and budget
amount for the subject project; to award a contract to
Gerstenberger Construction Corporation in the amount of
$507,894.00 for the construction of the project; to approve a
construction contingency in the amount of $52,106.00 for the
project and authorize the City Manager to approve additional
work, if required, for an amount not to exceed ten percent of
the contract; authorize the City Manager to sign necessary
contract documents. The motion carried by unanimous roll call
vote.
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PUBLIC HEARINGS:
A. Consider General Plan Amendment No. 96 -3 and Zone Change
No. 96 -3 for a 655 -Acre Site Referred to as Vesting
Tentative Map No. 4928, to Amend the Land Use
Designations from Medium Low, Open Space 2, and
Public/ Institutional, to Rural Low and to Revise the
Zoning from Residential Planned Development 1.63 Dwelling
Units Per Acre, Open Space, and Institutional, to Rural
Exclusive 5 Acres (Bollinger Development, Inc.). Staff
Recommendation: 1) If the City Council agrees with the
Planning Commission's recommendation that any General
Plan amendment /zone change action decision be delayed
until after April 17, 1997, then the City Council's
public hearing should be continued until May 7, 1997; 2)
If the City Council's decision is to approve the General
Plan amendment and zone change, direct staff to prepare
a resolution for the General. Plan Amendment and an
ordinance for the zone change, and return the resolution
for adoption and the ordinance for first reading at the
Council's January 15, 1997 meeting.
Mayor Hunter opened the public hearing.
Paul Bollinger addressed the Council indicating his
concurrence with the Planning Commission's
recommendation. He explained that Centex Homes will be
entering into a joint venture agreement with Bollinger
Development Corporation to develop all of the proposed
216 lots. He said Centex will be providing the necessary
financing for the acquisition and development of the lots
plus a separate loan for the two golf courses either from
Centex or from a third party financial institution that
Centex will arrange.
In response to Councilmember Evans, Mr. Kueny indicated
that approximately $20,000 or more was owed in fees to
the City from Bollinger Development Corporation and that
Mr. Bollinger would be meeting with the Deputy City
Manager at the end of the week.
Mr. Bollinger said he would pay the fees owed
immediately.
In response to Mr. Kueny, Mr. Bollinger said the title on
the property should be cleared by the end of January. He
indicated he was in a concurrent escrow with the two
owners.
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MOTION: Councilmember Evans moved and Councilmember Wozniak
seconded a motion to continue this item to the first regularly
scheduled meeting in February; the public hearing open. The
motion carried by unanimous voice vote.
B. Consider Approval of Resolution No. 96- Relative to
Industrial Planned Development Nos. 96 -1 (Building B) ,
96 -2a (Building Cl), 96 -2b (Building C2), 96 -2c (Building
D1), 96 -2d (Building D2) and 96 -2E (Building E) and
Tentative Parcel Map 5037 on the Application of West
America Construction Corporation (Assessor Parcel No.
512 -0 -24 -11, 12, 13, and 14) . Staff Recommendations: 1)
Open the public hearing, accept public testimony and
close the public hearing; 2) Review, consider, and adopt
the Mitigated Negative Declaration and Mitigation
Monitoring Program; 3) Make the appropriate findings as
found in Resolution No. 96- ; and 4) Approve Resolution
No. 96- approving the Industrial Planned Development
Permits and the Tentative Parcel Map.
Mayor Hunter opened the public hearing.
MOTION: Councilmember Wozniak moved and Councilmember
Rodgers Teasley seconded a motion to continue this item to
January 15, 1997; the public hearing to remain open. The
motion carried by unanimous voice vote.
C. Consider Resolution No. 96 -1258 Relative to Commercial
Planned Development Permit No. 96 -2 and Tentative Parcel
"aa 5038 (Moorpark - Caymus Properties - Assessor Parcel
No. 512 -0- 180 -070) . Staff Recommendation: 1) Open the
public hearing, accept public testimony and close the
public hearing; 2) Review, consider and adopt the
Negative Declaration; 3) Make the appropriate findings as
found in Resolution No. 96 -1258; 4) Adopt Resolution No.
96- approving Commercial Planned Development 96 -2 and
tentative Parcel Map No. 5038.
Mr. Miller gave the staff report. He made several
clarifying but non substative changes to the proposed
resolution.
James Ashton, 890 Hampshire Road, Westlake, addressed the
Council as the applicant. He said Blockbuster has done
an economic analysis to show the feasibility of this
store location. He said the store would be exclusively
a video store.
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Mr. Miller said the Planning Commission discussed and
favored a mural in lieu of the arts in public places fee.
Mayor Hunter opened the public hearing.
Joe Ahearn, 484 E. Los Angeles Avenue, addressed the
Council regarding the setbacks from the street. He asked
if there was a future widening proposed by Caltrans to
include this easement. In response to Mr. Ahearn, Mr.
Newton indicated that the easement is a fifteen foot
landscape easement.
In response to Council question, Mr. Salmon, the
applicant's architect, indicated that the lighting
feature was a shoe -box type fixture on a concrete base.
Councilmember Evans indicated he would like a lighting
fixture with less of a concrete base.
MOTION: Councilmember Wozniak moved and Mayor Hunter
seconded a motion to adopt the Negative Declaration; to make
the appropriate findings; to approve Resolution 96 -1258
approving the Commercial Planned Development 96 -2 and
Tentative Parcel Map 5038 with the changes to the Resolution
as requested by the Director of Community Development; staff
to work with the applicant regarding low lighting fixtures.
The motion carried by unanimous voice vote.
AT THIS POINT IN THE MEETING a recess was declared. The time
was 8:40 p.m. The Council reconvened at 9:10 p.m.
9. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Mayor Hunter requested an agenda item for the January 15
meeting regarding the rules of procedure. He indicated he
would like to switch the order of the Consent and
Action /Discussion items; and place Announcements and Future
Agenda items earlier in the evening.
Mayor Hunter also requested an agenda item for January 15
regarding large recreational vehicles parking on the street.
He indicated he would like whatever historical background the
staff could provide on this subject.
Mayor Hunter also indicated that he wanted a future Ad Hoc
Committee to review the entire Council procedures resolution.
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10. B. Consider Appointments to the Parks and Recreation
Commission. (Continued item) Recommendation: Continue to
January 15, 1997.
CONSENSUS: By consensus the Council determined to continue
this item to January 15.
C. Consider Appointments to the Senior Center Advisory
Committee. (Continued item) Recommendation: Continue to
January 15, 1997.
CONSENSUS: By consensus the Council determined to continue
this item to January 15.
D.
Street Parking. Staff Recommendation: Approve the
subject re- striping project, using Design Alt. 12, to be
funded by the owner of Chuy's restaurant, and direct
staff to proceed with project implementation upon receipt
of an advance in the amount of $6,000 (Continued item)
Mr. Gilbert gave the staff report.
In response to Councilmember Rodgers Teasley, Captain
Lewis indicated he had reviewed the project and feels the
change in striping does not create a hazard.
CONSENSUS: By consensus the Council determined to change
the no parking signs to read no parking from "12 a.m. ".
MOTION: Councilmember Evans moved and Councilmember Perez
seconded a motion to approve the re- striping project using
alternative 12 in the staff report dated December 5, 1996; the
project to be funded by the owner of Chuy's Restaurant and to
direct staff to proceed with the project implementation upon
receipt of an advance in the amount of $6,000. The motion
carried by unanimous voice vote.
E. Consider Resolution No. 96 -1259 Approving Minor
Modification No. 1. Staff Recommendation: Adopt
Resolution No. 96 -1259 with any Council directed changes.
Mr. Nelson gave the staff report. He reported that the
Economic Development Incentives Ad Hoc Committee
recommended that the applicant be allowed greater
latitude on how the Art in Public Places fee of
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approximately $3,000 would be expended and recommended
that the Director of Community Development be allowed to
approve how the developer meets this requirement. He
said the Committee recommended the deletion of Condition
62 in its entirety and also recommended that the Los
Angeles Avenue AOC fee be paid at the then current
applicable rate. He said the Committee recommended that
the Citywide Traffic Mitigation fee be reduced from 50
cents per square foot to 40 Cents per square foot to be
paid prior to occupancy. He said the Committee also
recommended deletion of Condition 70 (Tree Removal) since
the landscaping plan already incorporates the required
enhancement.
John Newton, 165 High Street, addressed the Council as
the applicant's representative. He said business
retention is important and was facilitated in this case
by the staff working with the applicant. He requested
consideration of deferring the art in public places fee
until occupancy.
CONSENSUS: By consensus the Council determined to allow
deferral of the approximately $3,000 art in public places fee
until occupancy and direct the Director of Community
Development to work with the applicant regarding the
fulfillment of the art in public places requirement.
MOTION: Councilmember Rogers Teasley moved and Councilmember
Evans moved to approve Resolution 96 -1259 approving the minor
modification with the changes identified in the staff report
dated 12/3/96 and incorporating the recommendations of the
Economic Development Incentives Ad Hoc Committee as reported
by Mr. Nelson above. The motion carried by unanimous voice
vote.
F. Consider Resolution No. 96 -1260, Rescinding Resolution
No. 95 -1169, Updating Solid Wa e cglIggtion Fees. Staff
Recommendation: 1) Approve the solid waste collection
feed effective January 1, 1997; and 2) Adopt Resolution
No. 96 -1260 rescinding Resolution No. 95 -1169, approving
the solid waste collection fees and updating Exhibit G
and Exhibit H of the Franchise Agreements, effective
January 1, 1997. (ROLL CALL VOTE REQUIRED)
Ms. Myers gave the staff report.
Mike Smith, 195 W. Los Angeles Avenue, requested
consideration of going back to quarterly rather than
monthly payments.
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In response to Council question, Mr. Kueny indicated it
would be more appropriate to reopen negotiations in a
forum other than the Council meeting.
Mr. Smith, 195 W. Los Angeles Avenue, Simi Valley,
indicated he did not want to reopen negotiations.
Chuck Anderson, 3215 Bordero Lane, Thousand Oaks, of
Moorpark Rubbish Disposal, said they agree with the
staff's recommendation.
Joseph Catrambone, 14423 E. Cambridge Street, addressed
the Council regarding the solid waste fee increase. In
response to his questions, staff explained the fee
increase.
Gerald Goldstein, 11932 Los Angeles Avenue, addressed the
Council in opposition to the increased fee.
MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion to approve the solid waste collection fees
effective January 1, 1997 and adopt Resolution 96 -1260
approving the solid waste collection fees and updating Exhibit
G and Exhibit H of the franchise agreements effective January
1, 1997. The motion carried by unanimous roll call vote.
I. Consider Setting Meeting Times and Dates and Choosing
Alternates for City Council Standing Committees and
Appointing to Fill "Other Assignments ". Staff
Recommendation: Direct staff as deemed appropriated.
CONSENSUS: By consensus the Council determined the
following Alternate appointments to Council Standing
Committees:
Budget & Finance Committee: Alternate - Perez
Public Works, Facilities & Solid Waste: Alternate -
Hunter
Affordable Housing /Community Development Committee:
Alternate - Rodgers Teasley
Transportation & Streets Committee: Alternate -
Wozniak
Economic Development Committee: Alternate - Evans
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The Council determined the following "other assignments ":
Moorpark City Council Appointments:
1) Association of Ventura County Cities
Representative: Mayor
Alternate: Mayor Pro Tem with any
remaining Councilmember to be able to serve as
an alternate should the Mayor Pro Tem not be
available.
2) Disaster Council
Chairman: Mayor
3) Channel Counties Division League of California
Cities
Representative: Mayor
Alternate: Mayor Pro Tem with any
remaining Councilmember to be able to serve as
an alternate should the Mayor Pro Tem not be
available.
4) Ventura County Council of Governments
Representative: Mayor
Alternate: Mayor Pro Tem with any
remaining Councilmember to be able to serve as
an alternate should the Mayor Pro Tem not be
available.
5) SCJPIA
Voting Delegate: Mayor
Alternate: Deputy City Manager
(Action taken on 12/4/96)
6) Ventura County Animal Regulation Commission
Member: Evans
Alternate: Rodgers Teasley
7) City Council liaison to MUSD Board
Liaison: Hunter
8) Appointment to the County /City Task Force to
revisit the Beyond the Year 2000 Report to be
deleted.
9) Economic Development Collaborative of Ventura
County
Member: Rodgers Teasley
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10) Coordinated Waste Authority Board of Directors
to be deleted.
The Council deleted the League of California Cities
Committee on Housing, Community and Economic Development
from the other agency appointment listing.
The Council deleted SCAG Transportation and
Communications Committee from the other agency
appointments.
The Council deleted the Random Access Network Board
Committee from other agency appointments.
J. Consider Appointment of Ad Hoc Committee Regarding
Potential Golf Course Property in the City's Area of
Interest. Staff Recommendation: Appoint Ad Hoc
committee.
CONSENSUS: By consensus Councilmember Evans and
Councilmember Perez were appointed to the Ad Hoc Committee
regarding potential Golf Course Property in the Area of
Interest.
K. Consider Ventura County Revised Guidelines for Orderly
Development. Staff Recommendation: Direct staff as
deemed appropriate.
MOTION: Councilmember Wozniak moved and Councilmember
Rodgers Teasley seconded a motion to approve Resolution 96-
1262 as amended to delete the phrase "however the section
regarding definitions for implementing Guidelines for Orderly
Development were waiting to establishment of industrial and
commercial uses may need additional clarification." The
motion carried by unanimous voice vote.
L.
and Underwriter. Staff Recommendation: 1) Approve the
recommendations of the Financial Advisor to engage the
following firms: Special Tax Consultant: General
Government Management Services; Disclosure Counsel:
Harper and Burns; Appraiser: McNamara & Associates; Bond
Counsel: Jones, Hall, Hill and White; Co- Underwriters:
Seidler - Fitzgerald (lead), Miller & Schroeder (sale), (2%
or less combined); and 2) Authorize the City Manager to
sign all required agreements and contracts subject to the
approval of final language by the City Attorney and City
Manager.
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Mr. Hare gave the staff report.
In response to Councilmember Rodgers Teasley, Mr.
Tankersley confirmed that the Mello -Roos District was not
being placed on residential property.
MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion to approve the recommendation of the
Financial Advisor to engage the following firms:
Special Tax Consultant:
Disclosure Counsel:
Appraiser:
Bond Counsel:
Co- Underwriters:
General Government Management
Services ($17,500)
Harper and Burns ($15,000)
McNamara & Associates ($15,000)
Jones, Hall, Hill and White
($40,000)
Seidler - Fitzgerald (lead)
Miller & Schroeder (sale) (2%
or less combined)
Authorize the City Manager to sign all required agreements and
contracts subject to the approval of final language by the
City Attorney and City Manager. The motion carried by
unanimous voice vote.
M. Consider Potential Impact of Proposition 218 on Street
Landscape and Lighting District, and Parks Maintenance
Assessment District. Staff Recommendation: Receive oral
report and refer to Budget & Finance Committee for review
of alternatives.
Mr. Kueny indicated that staff's recommendation was to
refer this matter to the Budget & Finance Committee and
to involve the citizenry at some point.
CONSENSUS: By consensus the Council determined to refer
this matter to the Budget & Finance Committee.
11. ORDINANCES:
None.
12. CLOSED SESSION:
None was held.
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13. ADJOURNMENT:
MOTION: Mayor Hunter moved and Councilmember Rodgers Teasley
seconded a motion to adjourn. The motion carried by unanimous
voice vote. The time was 10:55 p.m.
ATTEST:
PpK
Lillian E. Hare, CMC �
City Clerk
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