Loading...
HomeMy WebLinkAboutMIN 1989 0503 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California May 3, 1989 A Regular Meeting of the City Council of the City of Moorpark, California was held on May 3, 1989 in the Council Chambers of City Hall of said City, located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER The Meeting was called to order at the hour of 7:22 p.m. by Mayor Eloise Brown. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Lawrason 3. ROLL CALL Present: Councilmembers Clint Harper, Paul Lawrason, Bernardo Perez, Scott Montgomery and Mayor Eloise Brown. Steven Kueny, City Manager; Cheryl Kane, City Attorney; Pat Richards, Director of Community Development; Phil Newhouse, Director of Community Services; Richard Hare, Deputy City Manager; Susan Cauldwell, Administrative Assistant; John Knipe, Assistant City Engineer; Lt. Richard Rodriguez, Sheriff's Department; Debra Traffenstedt, Senior Planner; Don Reynolds, Associate Planner; and Sally Coons, Secretary. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS A. Proclamation of Commendation for Billy Buxton - National Merit Scholarship Winner Mayor Brown read and presented the Proclamation of Commendation to Billy Buxton. B. Proclamation of Commendation for __ Stephanus Philip__- State Citizen Bee Winner Councilmember Perez read and presented the Proclamation of Commendation to Stephanus Philip. C. Special proclamation declaring National_ Clean_ Air Week ,_-M 1-7,1989, in the City___of Moorpark Minutes of the City Council Moorpark, California Page 2 May 3, 1989 Councilmember Harper read and presented to Mr. Patrick McIlhenney of the Ventura County Clean Air Alliance, the proclamation declaring National Clean Air Week in the City of Moorpark May 1 -17, 1989. D. Special proclamation declaring Nei_ghberhood Watch Month May 1989, in the City__of Moorpark Councilmember Lawrason read and presented to Officer David Lea, the proclamation declaring May as Neighborhood Watch Month in the City of Moorpark. Officer Lea, assisted by Lt. Rodriguez, presented certificates of appreciation to twelve citizens who were instrumental in the success of this program. E. Special proclamation declaring Be _Kind to Animals Week _ May 7 -15 1989 in the City_of_Moorpark Councilmember Montgomery read the proclamation declaring May 7 -15, 1989 as Be Kind to Animals Week in the City of Moorpark. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA By consensus, the Council determined to adjourn into Closed Session at the hour of 10:00 p.m. 6. PUBLIC COMMENTS 6.A. Connie Lawrason (4291 Ambermeadow Street, Moorpark) addressed the Council concerning the 18- wheelers parking on both sides of Route 118, and asked what the Council might do to help alleviate this problem. Additionally, Mrs. Lawrason expressed concern regarding the numerous "for sale" vehicles parked along Tierra Rejada Road and Gabbert, and Tierra Rejada Road and Spring. She advised she felt this was a hazardous situation and should be corrected. 6.B. Hugh Muessel (4605 Bella Vista Drive, Moorpark) addressed the Council concerning the improvements being constructed on his neighbor's house. He advised that the construction is closer than five feet to the property line; has eliminated any privacy in their yard or home; and has restricted their view. He further advised that his wife has been "threatened" by the neighbor and felt unsafe in her home. He requested the Council review the construction for possible code or zoning violations. Councilmember Perez advised that these concerns have been relayed to staff and they will respond. Councilmember Harper suggested that Mr. Muessel meet with Lt. Rodriguez and Director of Community Development Pat Richards during the recess to obtain a time frame for a response to the concerns he expressed. Minutes of the City Council Moorpark, California Page 3 May 3, 1989 6.C. Mark Taillon (4223 Granadilla Drive, Moorpark) requested the Council to approve the final map on Tract 4318 (Falke). 6.D. Teresa Cortez (1095 Walnut Canyon Road, Moorpark) thanked the Council and Staff for the effort that was made on Walnut Canyon to address the truck traffic problems. Additionally, Ms. Cortez reported on the status of the Villa Campesina project, and reiterated her desire for a downtown park. 6.E. Barbara Shultz (116 Sierra Avenue, Moorpark) addressed the Council regarding what she perceived as errors in a letter she received from the City dated April 25, 1989, which provided advance notice of a pending project. 7. COMMITTEE REPORTS Mayor Brown advised that she attended a meeting of the Animal Regulation Commission. 8. CONSENT CALENDAR: MOTION: Upon motion by Councilmember Montgomery, seconded by Councilmember Perez, the following items were approved by an unanimous roll call vote: B. Consider approval of Warrant Register__198_8 /89: - Prepaid Warrants Nos. 8636 -8649 8651 -8655 $ 42,525.54 - Payable Warrants Nos. 8657 -8700 $302,799.89 C. Consider adoption of Resolution No. 89 -549 for parking restrictions on Campus Park Drive west of _Princeton Avenue. Staff recommended adoption of Resolution No. 89 -549 implementing "No Stopping Any Time" on Campus Park Drive from Princeton Avenue to approximately 200 feet north of Cambridge Street (City Limits). F. Consider grading bond exoneration policy. Staff recommended authorizing exoneration of grading bond for DP -313 (Coats) effective May 3, 1989. H. Consider Minor Modification No. 1 for Lot 66 - Tract No. 4001 /RPD No. 1029 JBur_g Property_)_. Staff recommended the report be received and filed. I. Consider Resolution No. 89 -550 renaming a section of College Heights Drive to Loyola_ Street and For_dham Street to College Heights Drive within and _ adjacent to Tract 3049 A &R Development). Staff recommended adoption of Resolution No. 89 -550. K. Authorize transfer of funds_ from the Community Development --- - - - - -- - -- — Block Grant CDBG _ Small_,_Ci.ties___Program _ to the Community Minutes of the City Council Moorpark, California Page 4 May 3, 1989 Development Fund. Staff recommended authorizing the transfer of $16,706.25 from CDBG Small Cities (Fund 17) to Community Development (Fund 41). L. Consider approval of shared cost items proposed by the Animal Regulation Department Staff recommended approving the City's participation in shared cost items and direct staff to include in proposed 1989/90 budget. M. Consider opposition to AB 2400 concerning required earmarking of Transient Tax.. Staff recommended opposing AB 2400. N. Consider adoption of Resolution No 89 -551 authorizing a joint public hearing of the City Council and Redevelopment Agency for June 7, 1989 to consider the Draft Redevelopment Plan and EIR. Staff recommended adoption of Resolution No. 89 -551. The following items were pulled for individual consideration by the Council: A. Consider approval of minutes for the Regular City Council Meeting of April 19, 198.9. Staff recommended the minutes be approved as presented. By consensus, the Council corrected the Minutes to reflect that the new hourly rate for the planning staff is $85, not $75. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to approve the Minutes of April 1.9, 1989, as amended. The voice vote was unanimous. D. Consider time extension for construction of Collins Drive south of Tract 3963 (Griffin Homes)_.- Staff recommended extending the time of completion to August 1.5, 1.989. In response to Mayor Brown, Assistant City Engineer Knipe advised that the construction of Collins Drive has been extended approximately one year. He advised, however, that Griffin Homes has now succeeded in arranging for the dedication of the required right -of -way along Collins Drive to the City. They have requested to begin construction as soon as the spring semester ends at Moorpark College, with completion targeted for August 15, 1989. In response to Mayor Brown, Assistant City Engineer Knipe advised that he did not know the status of the improvements required in the median. MOTION: Mayor Brown moved and Councilmember Lawrason seconded a motion to continue this item to the next regular meeting, pending a time line on the median improvements and a construction schedule. The voice vote was unanimous. Minutes of the City Council Moorpark, California Page 5 May 3, 1989 E. Consider approval of Final Map 4318 (Falke) and agreement to construct improvements. Staff recommended approval of the final map and authorization for the Mayor to sign subdivision improvement agreement. City Manager Kueny advised that he wanted to review with the Council Conditions 29 and 30 concerning the public flowage easement and what the City's ultimate responsibilitiesa are. He also corrected a portion of the staff recommendation to read, "...the irrevocable offer for public road purposes on the map should not be exercised at this time" rather than "rejected ". Assistant City Engineer reviewed Condition 29 which requires the Developer to dedicate a flowage easement in the flood hazard areas indicated on the map. The intent is that this will be a recorded document that there is potential for flooding in this area. Condition 30 requires that all drainage easements and secondary drainage easements be maintained by the property owner. The condition does not specifically include the flowage easement for flood hazard purposes. The map reads, "flowage easement consisting of the right of way for flood control purposes for periodic inundation with flood and /or storm waters and the right to prohibit the construction of any structure or channel improvement within said right of way as shown on said map." The purpose of the conditions and the note on the map is that it be a recorded document and a warning to all potential buyers of the property that there is this potential flood hazard in this area. In response to Councilmember Lawrason, Assistant City Engineer Knipe advised that the applicant 'is aware of the conditions and advises they are no problem. MOTION: Mayor Brown moved and Councilmember Lawrason seconded a motion to approve the staff recommendation as modified. The voice vote was unanimous. G. Consider parking cadet program final report._ Staff recommended the report be received and filed. Mayor Brown commented that the report indicates this has been a good program and she would support its reinstatement. Mayor Brown directed that the report. be received and filed. J. Consider time extension for Tract Map No. 4081 (Colmer) to January 6 1990 and _ _app rove certain new /modified conditions of approval. Staff recommended extending the time for map approval to January 6, 1990 and approve new /modified conditions. City Manager Kueny advised that the conditions on the project had been modified slightly from what was in the Council's Minutes of the City Council Moorpark, California Page 6 May 3, 1989 packet. Assistant City Engineer John Knipe reviewed the changes, and City Manager Kueny requested that the Council's consideration of this item be deferred to later in the meeting after the City Attorney had an opportunity to review the revised conditions. CONSENSUS: By consensus, the Council determined to consider this item as soon as the City Attorney completed her review. PUBLIC HEARINGS 9.A. Consider revisions to Land Use Application Fees and Planning Rates. Staff recommended approving the proposed increase in fees and charge rates. (Continued from April 19, 1989, Item 9.A.) City Manager Kueny recommended that the Council take any additional testimony, however postpone any action on this item until the next regular meeting, when Staff will have had an opportunity to meet with the Building Industry Association. A.1. Mark Taillon (4223 Granadilla Drive, Moorpark) requested the Council to consider the impact of the increased fee structure on the individual home builder. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to continue the public hearing to the regular meeting on May 17, 1989. The voice vote was unanimous. 9.B. Consider Industrial Planned Development Permits Nos. IPD 88 -8 through IPD 88 -17 (Moorpark West._ The construction of ten industrial _ buildi_ngs _on _separate hots._ The total _combined floor area is 86,146 _square feet. _ Located_ _east of Maureen Lane, west of Bonsai Avenue._ Staff recommended the permits be approved with the conditions recommended by the Planning Commission. Senior Planner Debra Traffenstedt reported that Moorpark West is requesting approval of ten separate Industrial Planned Development Permits. The Planning Commission has recommended conditional approval of the permits. The Commission modified Condition Nos. 16, 55 and 64; and added Condition Nos. 58A and 97. Condition No. 97 requires that a contract be let for the widening of the north side of Los Angeles Avenue between Maureen Lane and Gisler Avenue, and for the installation of a traffic signal at the intersection of Maureen Lane and Los Angeles Avenue prior to the issuance of a building permit for any of the subject industrial buildings. Staff recommends that the City Council make the appropriate findings and direct staff to draft separate resolutions for each requested permit to be considered at the next regular meeting of May 17, 1989 approving the Negative Declaration and Mitigation Reporting and Monitoring Program, and conditionally approving Industrial Planned Development Permits 88 -8 through 88 -17. Minutes of the City Council Moorpark, California Page 7 May 3, 1989 9.6.1. Michael D. Martello (14700 Loyola Street, Moorpark) Attorney for Moorpark West, advised the Council that his client's project meets or exceeds all City standards. Regarding Condition 97, he advised that the Parcel Map for the project was approved without the requirement that Los Angeles Avenue be widened prior to the issuance of a building permit, and, further, they cannot guarantee what Cal Trans will do. He advised that the project is the continuation of an approved project and is only for site and architectural review. Traffic conditions have already been addressed by the applicant, and to re- address this concern is an unreasonable burden on the applicant, particularly since he has, or soon will, front $1 Million in offsite improvements. He stated there were legal issues involved and would like to see the Council make a decision that will not require these issues to be raised. In response to Councilmember Montgomery, Mr. Martello advised that, with the exception of Condition 97, his client agrees to all conditions. Being no other speakers desiring to address this item, Mayor Brown declared the public hearing closed. City Attorney Cherl Kane requested the Council hold a closed session regarding potential litigation before acting on this item. CLOSED SESSION MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to adjourn into Closed Session at the hour of 8:40 p.m. to discuss potential litigation pursuant to Government Code Section 54956.9(b)(1). The voice vote was unanimous. Present in the Closed Session were all Councilmembers; Steven Kueny, City Manager; Cheryl Kane, City Attorney; and Richard Hare, Deputy City Manager. The Meeting reconvened into open session at the hour of 8:50 p.m. Mayor Brown advised there were no announcements as a result of the Closed Session. 9.B. Industrial Planned _ Development Permits_ Nos. 88 -8 - 88 -17 (Moorpark West). MOTION: Councilmember Montgomery moved and Mayor Brown seconded a motion to delete Condition No. 97. The voice vote was unanimous. MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to approve the Staff Recommendation, as modified, to approve the Negative Declaration prepared for IPD's 88 -8 through 88 -17; approve the Mitigation Reporting and Monitoring Program proposed for all ten IPD's; approve the recommended findings for all ten IPD's; and to direct Staff to prepare separate resolutions for Minutes of the City Council Moorpark, California Page 8 May 3, 1989 Industrial Planned Development Permit Nos. IPD -88 -8 through IPD -88 -17 approving the Negative Declaration and the Mitigation Reporting and Monitoring Program, and conditionally approving each of the requested industrial planned development permits. In response to Councilmember Harper, Director of Community Development Pat Richards recommended that Condition No. 16 be amended to require 24" box trees that will mature to a height of 12 -15 feet within three to five years. MOTION AMENDMENT: Councilmember Harper moved and Councilmember Brown seconded a motion to modify Condition No. 16 as recommended by Staff, and to incorporate this modification into the final version of conditions. The voice vote was unanimous. VOTE ON MAIN MOTION: The voice vote was unanimous. AT THE HOUR OF 9:00 P.M., Mayor Brown declared a recess. The Meeting reconvened at the hour of 9:15 p.m. 10. COMMENTS FROM COUNCILMEMBERS 10.A. Appointments to Community Arts Committee Councilmember Perez nominated Linda Heath to the Committee. Councilmember Montgomery nominated William Poleri to the Committee. Councilmember Harper nominated Vishna Herrity on behalf of the Moorpark Unified School District. MOTION: Councilmember Harper moved and Councilmember Lawrason seconded a motion to confirm the appointments as nominated. The voice vote was unanimous. 10.6. Council Comments Councilmember Harper requested that Staff be directed to call a meeting of the Community Arts Committee and the Committee of the Council as soon as possible. Councilmember Perez made the following comments: 1) the Mecha Club at Moorpark College was holding a special luncheon /fiesta on Cinco de Mayo; 2) residents are still complaining about the inability to hear Council Meetings, either in person or on television, and urged the Committee and Staff to move ahead as quickly as possible to improve this situation; that the faulty faucet in the men's room be repaired; and that the City Engineer determine the location of the bridge supports on the Freeway Connector so they will not interfere with the completion of Los Angeles Avenue. Minutes of the City Council Moorpark, California Page 9 May 3, 1989 Mayor Brown advised that a Senate Bill (Metzenbaum) dealing with the TV Act of 1984 regarding franchise rate structure, will soon be heard in Committee. She requested the City to support the Bill and encourage Senator Wilson to co- author it. 11. DISCUSSION /ACTION ITEMS 11. A. Consider adoption of Resolution No. 89 -552 establishing a fee for business registration__ permits pursuant to ordinance No. 108. Staff recommended the adoption of Resolution No. 89 -552 establishing a business registration permit fee. NOTE: Councilmembers Clint Harper and Scott Montgomery absented the dais during the discussion and action on this item. In response to Councilmember Lawrason, City Manager Kueny advised that although the analysis indicated that the registration program would cost approximately $26.70 per business, Staff is recommending $25.00 because it is a round number, and because the analysis is only an estimate of cost. After the program is in effect, the fee could be modified to reflect actual cost. MOTION: Councilmember Lawrason moved and Mayor Brown seconded a motion to establish the permit fee at $30.00, and to adopt Resolution No. 89 -552 as amended. The voice vote was unanimous, with Councilmembers Harper and Montgomery absent. 11.B. Consider Moorpark Unified School_ District waiver request to State Board of Education concerning 280 Casey Road si_t_e. Staff recommended they be directed as deemed appropriate. City Manager Kueny recommended that the Council oppose the waiver and the Mayor direct a letter to the State Board of Education expressing the City's opposition. By consensus, the Council recognized Tom Duffy, Superintendent of Moorpark Unified School District. Tom Duffy addressed the Council advising that he was uncertain of the waiver's impact on the City, however that it was being sought in order to give the District greater flexibility in receiving bids on the entire parcel. Regarding the public hearing notice, he advised that the District can place the waiver document before the State Board of Education before the public hearing; and that postings were done in the typical manner, at the District Office, Library and School Sites. The School District is in need of income to meet the growth, not only from the main influx in 1986, but the resultant growth up through the grade levels. Referring to the low response to the District's RFP for lease of the property, Mr. Duffy advised that the current Zoning did not cover some of the potential uses desired by interested bidders. The School District is not asking for a waiver of Naylor provisions, nor is it attempting Minutes of the City Council Moorpark, California Page 10 May 3, 1989 to circumvent negotiations with the City. With the waiver in place, the District would be able to select one or more bidders to negotiate with, rather than being required to select only the high bid as is currenty the case. Councilmember Harper questioned the logic of the District advertising the 26.1 acres without disclosing that the City is strongly interested that ten acres become a park site. He questioned whether the District would exclude the ten acres from the RFP. Mr. Duffy responded that he would recommend that the ten acre park site land use be indicated in the RFP; and he would attempt to take this to the Board at its next meeting scheduled for May 9, 1989. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion directing that the protest of the waiver be held in abeyance to determine whether the School District Board will agree to add language to the RFP that the City is interested in having ten acres of the 26.1 acre site as a future City park site; and that if the School District does not agree to the inclusion of the language, the City proceed with protesting the waiver request; and further, that if there is a time limit for submitting the protest, that a special meeting of the Council be held prior to that deadline, if necessary. The motion carried with Mayor Brown dissenting. 8.J. Consider time extension for Tentative Tract Map _ No. 4081 (Colmer) to January 6,...-1990 and approve.- __certain new /modified conditions of aauroval. City Attorney Cheryl Kane advised that she made some modifications to the revised conditions and they were now acceptable to her. The Council recognized Wayne Colmer. Mr. Wayne Colmer advised the Council that he agreed to the conditions as modified by the City Attorney. MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to approve a time extension for the recordation of Tentative Tract 4081 for one year to January 6, 1990, subject to all of its original develpment conditions as well as the additional conditions, as modified by the City Attorney. The voice vote was unanimous. 11.C. Consider review ._of Mooroaark Unified School District negative declaration action for_ proposed Middle School on proposed extension of_Pea_ch Hill Road_. Staff recommended they be directed as deemed appropriate. Director of Community Development Pat Richards advised that the School Board has approved the Negative Declaration and is now circulating it for comment. This is in violation of CEQA Minutes of the City Council Moorpark, California Page 11 May 3, 1989 Guidelines which specifically require that comments be received prior to approval of the Negative Declaration. Additionally, after the availability of the Negative Declaration was advertised, the Initial Study was changed to reflect that a mitigated Negative Declaration had been prepared, however it was not readvertised. Mr. Richards outlined other deficiencies in meeting CEQA requirements, and deficiencies in the Initial Study, including consideration of potential traffic impacts. In response to City Manager recognized Superintendent Tom have District consultants revi deficiencies. Kueny's request, the Council Duffy who advised that he will ew the Negative Declaration for In response to Councilmember advised that he made changes to the Board approved it, however Board for a second approval. He expert will review it and it will will need to go back to the Board Harper, Superintendent Duffy the Negative Declaration after it was not presented to the advised that their consulting then be determined whether it for further action. City Manager Kueny recommended that Staff be directed to inform the District of the deficiencies in their Negative Declaration and the CEQA process. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to direct staff to inform the School District of the deficiencies found in the Negative Declaration and the CEQA process. The voice vote was unanimous. 11.D. Consider modification to General Plan Update process. CONSENSUS: By consensus, the Council determined to continue this item to the next regular meeting. 11.E. Exoneration of bond and acceptance of cash payment in lieu of street tree placement for Tract 3841 (Griffin). Staff recommended acceptance of in -lieu payment and exoneration of remaining bond. MOTION: Councilmember Perez moved seconded a motion to accept the cash Homes in lieu of placement of street for streetscape improvements to the to authorize the City Manager to proc of Tract 3841; and to direct Staff t o landscaping plan from Cal Trans for t frontage of Tract 3841. The voice vot 12. ORDINANCES No Ordinances were presented. and Councilmember Montgomery payment of $7,153 from Griffin trees, and earmark the funds Los Angeles (SR 118) corridor; eed with final bond exoneration secure a mutually acceptable he Los Angeles Avenue (SR 118) e was unanimous. Minutes of the City Council Moorpark, California Page 12 May 3, 1989 13. FUTURE AGENDA ITEMS Councilmember Lawrason requested staff to agendize the joint powers agreement between the County and Home Acres. Councilmember Harper requested staff to prepare a commendation for Park and Recreation Commissioner Tom Wheeler to be presented at the next regular meeting. Councilmember Perez requested staff to agendize for Council consideration, a contribution to the California Cities Economic Development Association scholarship fund for low income students. Mayor Brown requested staff to agendize the progress on noise enforcement; and flow monitors in the Arroyo Simi. In response to Councilmember Perez, Lt. Rodriguez advised that since cessation of the increased enforcement in the downtown area, the Sheriff's Department has received increased calls from this area. He agreed with Councilmember Perez that many of the complaints are for the same behaviors that prompted the increased patrol, including disturbances, speeding and public nuisance. Lt. Rodriguez advised that the Department will continue to make an effort to resolve these problems. Councilmember Harper suggested completion of a fiscal analysis for levels of increased service for the 1989 -90 Budget. 14. CLOSED SESSION Councilmember Perez moved and Councilmember Harper seconded a motion to adjourn into Closed Session at the hour of 10:50 p.m. for discussion of the following items: 14.A. - Personnel; 14.D. - Potential litigation pursuant to Government Code Section 54956.9(b)(1); 14.E. - Potential litigation pursuant to Government Code Section 54956.9(c); 14.F. - Negotiation for real proeprty at 280 Casey Road (former high school site - Moorpark Unified School District) pursuant to Government Code Section 54956.8; 14.I. - Negotiation for real property known as Arroyo Vista Community Park with Fedele /Braun pursuant to Government Code Section 54956.8; and 14.K. - Litigation concerning Villa Del Arroyo Ltd. vs. City of Moorpark. The voice vote was unanimous. Present in the Closed Session were all Councilmembers; Steven Kueny, City Manager; Cheryl Kane, City Attorney; and Richard Hare, Deputy City Manager. The Meeting reconvened into open session at the hour of 12:08 a.m. City Attorney Cheryl Kane stated there was no action to report as a result of the Closed Session. Minutes of the City Council Moorpark, California Page 13 15. ADJOURNMENT May 3, 1989 MOTION: Councilmember Perez moved and Councilmember Harper seconded a motion to adjourn the meeting at the hour of 12:09 a.m. until 7:00 p.m., May 8, 1989. The voice vote was unanimous. ATTEST: Richard Hare, City Clerk Eloise Brown, Mayor