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HomeMy WebLinkAboutMIN 1998 0902 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California September 2, 1998 A Regular Meeting of the City Council of the City of Moorpark was held on September 2, 1998, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 7 :32 p.m. 2. INVOCATION: Father John Love of Holy Cross Church gave the invocation. 3. PLEDGE OF ALLEGIANCE: Councilmember Chris Evans led the pledge of allegiance. 4. ROLL CALL: Councilmembers present: Councilmember Evans, Perez, Teasley, Wozniak and Mayor Hunter Staff Present: Steven Kueny, City Manager; John Nowak, Assistant City Manager; Nelson Miller, Director of Community Development; Mary Lindley, Director of Community Services; Ken Gilbert, Director of Public Works; Captain Mike Lewis, Sheriff's Department; Don Reynolds, Administrative Services Manager; Dirk Lovett, Assistant City Engineer; Deborah S. Traffenstedt, City Clerk; and Susan Meyer, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: None 6. PUBLIC COMMENT: Gerald Goldstein, 11932 Los Angeles Avenue, expressed concern reqarding potential sale of alcohol to minors at the new Rite - Aid store. AT THIS POINT in the meeting, the Council recessed to convene the Redevelopment Agency. The time was 7:40 p.m. The Council reconvened at 7 :50 p.m. Minutes of the City Council Moorpark, California Page 2 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: September 2, 1998 Mayor Hunter announced the first day of school and encouraged everyone to drive safely and pay attention to all traffic safety laws, particularly around the schools. Mayor Hunter also announced Clean -Up Day 1998 and announced the dates for Moorpark residents to participate. 9. PUBLIC HEARINGS: A. Consider Request by A -B Properties and Southern California Edison Company for Approval of General Plan Amendment No. 97 -2 to Amend the Land Use Element of the General Plan on 43.32 Acres of Undeveloped Land Approximately 1,300 Feet West of Gabbert Road and North of the Railroad Tracks (APN. 500 -34 -22 and -23) From AG -1 (Agricultural 1 DU /10 -40 Acres) to I -2 (Medium Industrial) and Zone Change No. 97 -7 to Change the Zoning on the Property From AE (Agricultural Exclusive) to M -2 (Limited Industrial). Staff Recommendation: 1) Open the public hearing, accept public testimony and continued to September 16, or October 7, 1998; and 2) Refer these items to Ad Hoc Committee to negotiate with A -B Properties and Southern California Edison to prepare a Draft Development Agreement that addresses infrastructure and transportation needs, area wide drainage needs, and design and land use criteria for this site as well as other matters germane to the project that should be included in a Development Agreement. Mr. Miller gave the staff report. Mayor Hunter opened the public hearing. John Newton, representing A/B Properties summarized the applicant's project. He requested the Council to consider the development agreement schedule and stated that since the applicant had already expended approximately $45,000, he was requesting that some indication be given that the industrial zoning is appropriate. He also requested that the City Council Minutes of the City Council Moorpark, California Page 3 September 2, 1998 allow the tract map application to be processed. He requested a continuance to September 16, 1998. Dennis Hardgrave, representing Southern California Edison, stated he was available for questions, and that Edison supports the staff recommendation. Howard Sessler, 4968 Mira Sol Road, expressed his concern regarding the proposed rezoning and the potential relocation of the Peach Hill Soils business. In response to Councilmember Wozniak, Mr. Hardgrave stated that Southern California Edison would work with the owners of Peach Hill Soils for an appropriate relocation property. In response to Mayor Hunter, Mr. Kueny stated that the goal was to complete a draft development agreement in order for the Planning Commission to start the public hearing process. He also stated that this item could be continued to September 16 and then further continued if the draft agreement was not ready. In response to Mayor Hunter, Mr. Miller stated that the City Council's policy is that no tract map application is deemed complete until the zoning is consistent. In response to Councilmember Perez, Mr. Miller stated there is a good foundation for the current City policy due to State mandated time periods for processing a subdivision map once the application is deemed complete. He said the Planning Commission has to act within 50 days of deeming the subdivision application complete, and the City Council must then act within 30 days from the Planning Commission's action on the tract map. Mr. Kueny stated that there was the potential that the Planning Commission could be required to act on the tract map before the City Council considers the draft development agreement. Councilmember Teasley commented that there is a shortage of industrial zoned land in the City and that the project site appears to be a good location for industrial zoning. Councilmember Perez commented that he also thought that industrial zoning was an appropriate use. Minutes of the City Council Moorpark, California Page 4 September 2, 1998 MOTION: Councilmember Perez moved and Councilmember Teasley seconded a motion to: 1) Continue the public hearing to September 16, 1998; and 2) Refer these items to the Ad Hoc Committee to negotiate with A -B Properties and Southern California Edison to prepare a Draft Development Agreement that addresses infrastructure and transportation needs, area wide drainage needs, and design and land use criteria for this site as well as other matters germane to the project that should be included in a Development Agreement. The motion carried by unanimous voice vote. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Proposed Sale of Real Property at Flory Avenue and New Los Angeles Avenue by Moorpark Unified School District. Staff Recommendation: Make a determination if City is interested in the purchase or lease of the real surplus property offered by the Moorpark Unified School District. Mr. Nowak gave the staff report. CONSENSUS: By consensus the Council determined there was no interest in this project. Mr. Kueny stated that this item would be placed on the Redevelopment Agency agenda for consideration as a Consent item. B. Consider Proposal by Tri- Valley Roller Hockey League for Arroyo Vista Community Park (AVCP). Parks and Recreation Commission and Staff Recommendation: 1) Approve contracting with Tri Valley Roller Hockey League to make improvements to the multi purpose court at AVCP and to operate roller hockey leagues as outlined in the agenda report, and 2) Approve the License Agreement between the City and Tri Valley Roller Hockey League, pending final language changes by the City Manager and City Attorney, and authorize the City Manager to sign the Agreement on behalf of the City. Ms. Lindley gave the staff report. In response to Council question, Ms. Lindley stated that the staff would need to negotiate each season with Tri Valley Roller Hockey League to coordinate when the multi- Minutes of the City Council Moorpark, California Page 5 September 2, 1998 purpose court at AVCP could be used for the skateboard ramps. She also stated that currently the skateboard ramps were available for use two days a week. In response to Mayor Hunter, Ms. Lindley said that any improvements made by Tri Valley would become the property of the City as addressed in the draft License Agreement. Ned Collins, 693 Warrendale Avenue, Simi Valley, CA, 93065, representing Tri Valley Roller Hockey, stated he was available to answer any questions. Walt Collins, 12415 Willow Forest Drive, Moorpark, stated he was available to answer any questions. In response to Councilmember Perez, Mr. Ned Collins stated that the staging area was currently needed for players and that lights were intended to be installed three to four years after Tri Valley had recouped expenses and the initial investment. He suggested that a portion of the City's license fee, such as 5 percent, could be applied towards the cost to install lighting. In response to Councilmember Evans, Mr. Ned Collins stated that Tri Valley was a non - profit organization and that their expenses depended on the number of children that they served, and that salaries are paid to officers and employees of the Tri Valley League. He also responded that they would typically allow team banners and League signs only to be displayed during games. In response to Councilmember Teasley, Ms. Lindley said that the City can currently afford to have the court available for skateboard use two days a week, due to staff limitations, and that the intent was to continue to allow the skateboard use two days per week in addition to the Tri Valley League use. Mayor Hunter indicated that there was one additional speaker card received. Gerald Goldstein, 11932 Los Angeles Avenue, questioned the use of City funds. Councilmember Evans stated that he had no problem with the concept but that there was a need to amend the agreement to require quarterly profit and loss statements Minutes of the City Council Moorpark, California Page 6 September 2, 1998 to be submitted, to require that the City receive notice before there was a default, and to require that the insurance company be Triple A rated. He questioned whether the City Attorney had reviewed the indemnification language. In response to Councilmember she had not yet reviewed the that she concurred that the Triple A rated. Evans, Ms. Kane stated that indemnification language and insurance company should be In response to Councilmember Evans, Ms. Lindley stated that she thought the language requiring the City to provide three- weeks notice to Tri Valley before the start of its then current season, pertaining to the City's right to schedule and hold City- sponsored activities on the Court, was sufficient. Councilmember Evans stated that the first improvement requirement on stamped page 81 of the staff report required a correction to change the word "very" to "every." MOTION: Councilmember Perez moved and Councilmember Evans seconded a motion to: 1) Approve contracting with Tri Valley Roller Hockey League to make improvements to the multi purpose court at AVCP and to operate roller hockey leagues as outlined in the agenda report, and 2) Approve the License Agreement between the City and Tri Valley Roller Hockey League, pending final language approval by the City Manager and City Attorney and including language suggestions made by the Council, and authorize the City Manager to sign the Agreement on behalf of the City. The motion carried by unanimous voice vote. C. Consider the Status of Virginia Colony Park. Staff Recommendation: 1) Direct staff to continue operating and maintaining Virginia Colony Park for one more month through December 9, 1998; 2) Direct staff to close the park, as outlined in the staff report, if an agreement with Moorpark Unified School District (MUSD) to operate and maintain the park is not reached by October 7. Ms. Lindley gave the staff report. Mr. Kueny indicated that recent information provided to staff is that the School District would only accept the park if it was deeded without any strings attached. He Minutes of the City Council Moorpark, California Page 7 September 2, 1998 stated that based on that decision by the District, he has revised the staff recommendation and suggests that the park be used as a trial to reduce park maintenance costs by reducing watering, fertilizing only once a year, and providing minimum landscape maintenance. In response to Council question, Ms. Lindley indicated that with the reduced water and maintenance the estimated cost of keeping the park open would be approximately $4,000 - $5,000. Tony Simen, 726 Nogales Avenue, expressed opposition to the park closure. He requested that the residents of Virginia Colony be treated the same as residents in other neighborhoods. Dr. Clint Harper, 4044 Oak Glen Court, stated that he concurred with the City Manager's new recommendation but would not like to see the park become an eyesore. Eloise Brown, 13193 Annette Street, expressed her -- opposition to the park's closure and stated that there may be other parks for which maintenance could also be reduced. Councilmember Wozniak commented that the Council might also want to consider testing reduced water and maintenance at other parks, such as Glenwood Park, to see if the parks can remain open. He further stated that next year even further cost saving measures might be required. Councilmember Teasley stated that she believed Virginia Colony Park served residents that do not all have access to other parks. She concurred with Councilmember Wozniak's suggestion and the City Manager's option. She also said she would like the issue to come back to the City Council before any playground equipment is removed. Mr. Kueny stated that the Council might also want to consider Country Trail Park for reduced maintenance. He further stated there is also a need for an appropriation for Virginia Colony Park and that staff could bring back this item to Council on September 16. Councilmember Evans stated that the Council might need to look eventually at closing parks. Minutes of the City Council Moorpark, California Page 8 September 2, 1998 MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to direct staff to 1) Abandon negotiations with the Moorpark Unified School District regarding shared use; 2) Commit to keeping Virginia Colony Park open with reduced water and maintenance but with equipment replacement as needed; and 3) Staff to bring back budget recommendation and request for appropriation. The motion carried by unanimous voice vote. D. Consider General Plan Amendment Screening Process. Staff Recommendation: Refer the draft procedure and any comments to the Affordable Housing /Community Development Committee to develop recommendations, and direct staff to work with the Committee to prepare a final process and criteria for Council future consideration. Mr. Miller gave the staff report. Christopher "Kip" Patterson, 4289 Kingsview Road, representing the land owner of a property north of Casey Road that had a General Plan Amendment Pre - Application pending with the City, stated his belief in the need to not require a six -month or more delay for a General Plan amendment application. Dennis Hardgrave, 651 Via Alondra #714, Camarillo, representing the applicants for two General Plan Amendment Pre - Applications for properties along the State Route 118 bypass corridor, stated that the City would benefit from looking comprehensively at projects that would achieve the protection of the bypass corridor. Mike Sanders, 27308 Pacific Coast Highway, Malibu, representing First American Communities, stated he would like to see the City Council move forward with the General Plan amendments for the two properties along the future State Route 118 bypass corridor. Mayor Hunter stated that applications in process should be exempt from any new process. Councilmember Perez said there is value in a comprehensive view and concurs with the Mayor's comments as the other member of the Ad Hoc Committee. Minutes of the City Council Moorpark, California Page 9 September 2, 1998 Councilmember Wozniak commented that pre - application review should not require a public hearing but should be an action /discussion item on the Council's agenda. MOTION: Councilmember Wozniak moved and Councilmember Teasley seconded a motion to approve the staff recommendation to refer the draft procedure and any comment to the Affordable Housing /Community Development Committee to develop a recommendation, and direct staff to work with the Committee to prepare a final process and criteria for Council future consideration. The motion carried by unanimous voice vote. E. Consider Minor Modification No. 1 to Major Modification No. 1 to Commercial Planned Development Permit No 95 -1 for Approval of a Sign Program for the Rite Aid Drug Store and Kindercare Day Care Center, Located at the Northwest Corner of Spring and Tierra Rejada Roads (Marketplace Partners) . Staff Recommendation: Adopt Resolution No. 98 -1507 denying Minor Modification No. 1 to Commercial Planned Development No. 95 -1. Mr. Miller gave the staff report. Katie Pearce, (no address provided), representing Collins Signs and Rite Aid, commented that the sign criteria could be revised to be consistent with what the City desires. She stated that the Moorpark sign regulations are contradictory regarding wall signs and requested that Rite Aid be allowed to have both pharmacy and 1 -hour photo wall signs. Councilmember Wozniak questioned whether increasing the size of the play area for KinderCare changed that facility to a Major tenant with a larger sign allowed. In response to Councilmember Evans, Mr. Miller said that the maximum size sign would *be 80 square feet if KinderCare was a major tenant. Councilmember Evans stated that Rite Aid should be required to meet the City's existing Code requirements. Mayor Hunter concurred with Councilmember Evans and Wozniak and indicated that the City's sign code should not be disregarded. Minutes of the City Council Moorpark, California Page 10 September 2, 1998 Councilmember Perez stated that he supported staff's recommendation with the modification that the KinderCare Facility would be eligible for a larger sign size if it qualified as a major tenant. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to adopt Resolution 98 -1507 denying Minor Modification No. 1 to Commercial Planned Development NO. 95 -1 and directed staff to consider a change to the KinderCare sign if that facility was determined to be a "Major" tenant. The motion carried by unanimous voice vote. F. Consider Appointment of a City Council Ad Hoc Committee to Prepare a Draft Development Agreement for Specific Plan No. 2 (Morrison - Fountainwood- Agoura). Staff Recommendation: Appoint City Council Ad Hoc Committee. AT THIS POINT in the meeting, Councilmember Wozniak left the dais due to a potential conflict of interest based on the location of his residence. The time was 9:11 p.m. Mr. Miller gave the staff report. Mr. Kueny stated that the Council could defer appointment of an Ad Hoc Committee and staff could be directed to work with the applicant. CONSENSUS: By consensus the Council determined to defer appointment of an Ad Hoc Committee for a draft Development Agreement for Specific Plan No. 2. AT THIS POINT in the meeting, Councilmember Wozniak returned to the dais. The time was 9:14 p.m. G. Consider Authorization to Advertise for Receipt of Bids for the Construction for the Widening of Peach Hill Road at Spring Road. Staff Recommendation: Approve the plans and specifications and authorize staff to advertise for receipt of bids for the construction for the subject project. Dirk Lovett gave the staff report. Councilmember Evans expressed concern over construction during the Christmas holiday time period near the churches. Minutes of the City Council Moorpark, California Page 11 September 2, 1998 In response to Councilmember Evans, Mr. Lovett stated that construction could be rescheduled for the time period between January and April. MOTION: Councilmember Perez moved and Councilmember Teasley seconded a motion to approve the plans and specifications and authorize staff to advertise for receipt of bids for the construction of the widening of Peach Hill Road at Spring Road with revised schedule of between January and April for construction. The motion carried by unanimous voice vote. H. Consider Agreement and Escrow Instructions Pertaining to Early Payment of Fees; Consider Resolution No. 98 -1508 Adopting an Interpretation of the Intent of Certain Provisions of the Development Agreement; and Consider an Accord Agreement Related to the Moorpark Country Club Estates Project. Staff Recommendation: 1) Approve the Agreement and Escrow Instructions related to the early payment of fees, subject to final language approval by the City Attorney and City Manager; and authorize the Mayor to execute said documents; 2) Adopt Resolution No. 98 -1508 pertaining to an interpretation of the intent related to the Development Agreement with Bollinger Development Corporation; and 3) Approve the Accord Agreement, subject to final language approval by the City Attorney and City Manager, pertaining to the early payment of certain golf course related fees. Mr. Nowak gave the staff report. He stated that additional language should be added to the Agreement and Escrow Instructions at the end of Section 1.c.(ii), paragraph three, as follows: "If City defends, Buyer shall pay all costs, including attorneys' fees' incurred by City in connection therewith." He also stated that the words, "acceptable to Buyer," should be deleted from Section 2.a.(ii) of the Agreement and Escrow Instructions. Paul Feilberg, 2100 W. Orangewood Avenue, Suite 180, Orange, California, 92868, spoke on behalf of Toll Brothers, Inc. and stated he was available for questions. MOTION: Councilmember Perez moved and Councilmember Evans _ seconded a motion to: 1) Approve the Agreement and Escrow Instructions related to the early payment of fees, including the two staff - recommended amendments, subject to final language approval by the City Attorney and City Manager; and Minutes of the City Council Moorpark, California Page 12 September 2, 1998 authorize the Mayor to execute said documents; 2) Adopt Resolution No. 98 -1508 pertaining to an interpretation of the intent related to the Development Agreement with Bollinger Development Corporation; and 3) Approve the Accord Agreement, subject to final language approval by the City Attorney and City Manager, pertaining to the early payment of certain golf course related fees. The motion carried by unanimous voice vote. 11. CONSENT CALENDAR: Mayor Hunter indicated that under Item ll.A., he was pulling the minutes of May 20, 1998 and August 6, 1998 for individual consideration. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to pull the minutes of May 20, 1998 and August 6, 1998 under Item 11.A. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. 0 C. Consider Approval of Minutes of the June 17, 1998 Special City Council Meeting. Consider Approval of Minutes of the July 15, 1998 Special City Council Meeting. Consider Approval of Minutes of the July 15, 1998 Regular City Council Meeting. Staff Recommendation: Approve the minutes as processed. Consider Approval of Warrant Register of September 2, 1998. Fiscal Year 1997/98 Regular Warrants 42452 - 42454 - D $ 24,947.07 42455 - 42461 - V $ 27,267.10 Consider Approval of Warrant Register of September 2, 1998. Fiscal Year 1998/99 Manual Warrants 42447 - 42451 $ 3,166.03 42572 - 42573 Minutes of the City Council Moorpark, California Page 13 September 2, 1998 Voided Warrants 40415, 40460 & $ ( 649.67) 42031, 42123 Regular Warrants 42462 - 42495 - D $ 310,618.61 42496 - 42571 - V $ 52,712.52 D. Consider Wild Animal Service Response. Staff Recommendation: Receive and file. E. Consider the Final Appropriation of the Local Law Enforcement Block Grant Moneys ( "LLEBG") for Fiscal Year 1998/99, (Estimated to be $15,649). Staff Recommendation: Consider the input from the Local Law Enforcement Block Grant Advisory Committee as presented in the staff report, and concur with these recommendations for the use of LLEBG funds in fiscal year 1998/99. F. Consider Resolution No. 98 -1509 Adopting Council Policies and Rescinding Resolution No. 98 -1454. Staff Recommendation: Adopt Resolution No. 98 -1509. The following item was pulled from the Consent Calendar for individual consideration: A. Consider Approval of Minutes of the May 20, 1998 Regular City Council Meeting. Consider Approval of Minutes of the August 6, 1998 Special City Council Meeting. Staff Recommendation: Approve the minutes as processed. Mayor Hunter stated that a typing correction was needed for the May 20, 1998 minutes to add Councilmember Teasley's name in the second paragraph on stamped page 129. He also stated that he would abstain from voting on the August 6 Special Meeting minutes because he was not in attendance at that meeting. MOTION: Mayor Hunter moved and Councilmember Perez seconded a motion to approve the Minutes of the May 20, 1998 Regular City Council meeting, as corrected to add Councilmember Teasley's name in the second paragraph on stamped page 129. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 14 September 2, 1998 MOTION: Councilmember Perez moved and Councilmember Teasley seconded a motion to approve the Minutes of the August 6, 1998 Special City Council meeting. The motion carried 4 -0, Mayor Hunter abstaining. 12. ORDINANCES: None. 13. CLOSED SESSION: Mayor Hunter announced that following closed session the meeting would be adjourned in memory of Deputy Lisa Whitney who died as the result of an on -duty traffic accident on August 12, 1998. Mr. Kueny announced that the City Council would be going into closed session for discussion of one case each under Items 13.A. and 13.B. and Item 13.C. on the agenda. The City Attorney, Ms. Kane, announced that for the one case proposed to be discussed under Item 13.A., the facts and circumstances creating significant exposure to litigation consist of a written communication dated August 24, 1998 threatening litigation that was received from the County Council's Office regarding the Hidden Creek Ranch (Messenger) Project Environmental Impact Report. MOTION: Councilmember Perez moved and Councilmember Evans seconded a motion to adjourn to closed session for a discussion of one case each under Items 13.A and 13.B. and Item 13.C. on the agenda. The motion carried by unanimous voice vote. The time was 10:30 p.m. A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, City Attorney, City Clerk, City Manager, City Engineer, Chief of Police, Director of Community Development, Director of Community Services, Public Works Director Minutes of the City Council Moorpark, California Page 15 September 2, 1998 D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: Northeast corner of New Los Angeles Avenue and Flory Avenue, Moorpark, CA 93021 Negotiating Parties: The City of Moorpark and Moorpark Unified School District. Under Negotiation: Price and Terms of payment E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) City of Moorpark vs. Theresa L. Dillon Present in closed session were all Councilmembers; Steven Kueny, City Manager; Cheryl Kane, City Attorney; John Nowak, Assistant City Manager; and Nelson Miller, Director of Community Development. Councilmember Teasley excused herself from discussion of Item 13.A., due to a potential conflict of interest. The Council reconvened into open session at 10 :59 p.m. Mr. Kueny reported that there was no action to report for the one Item under 13.A. and that Item 13.C. was not discussed. Mr. Kueny also reported that by unanimous voice vote the City Council directed the City Attorney to initiate a lawsuit for one case under Item 13.B., and that the name of the case, defendants, and other particulars will be disclosed to any person upon inquiry once the lawsuit has been formally commenced, unless to do so would jeopardize service of process or existing settlement negotiations. 14. ADJOURNMENT: Mayor Hunter adjourned Whitney who died as the on August 12, 1998. The ATTEST: the meeting result of an ti me, "w�s 11: in memory of Deputy Lisa on -,iuty traffic accident Deborah S. TraffeKftedt, City Clerk