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HomeMy WebLinkAboutMIN 1989 0705 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California July 5, 1989 A Regular Meeting of the City Council of the City of Moorpark, California was held on July 5, 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 7:10 p.m. by Mayor Eloise Brown. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Montgomery. 3. ROLL CALL: Present: Councilmembers Clint Harper, Paul Lawrason, Scott Montgomery, Bernardo Perez and Mayor Eloise Brown. Steven Kueny, City Manager, Richard Hare, Deputy City Manager; Susan Cauldwell, Administrative Assistant; Pat Richards, Director of Community Development; Phil Newhouse, Director of Community Services; Don Reynolds, Management Analyst; Cheryl Kane, City Attorney; Lt. Richard Rodriguez, Sheriff's Department; John Knipe, City Engineer; and Lillian Kellerman, City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Presentation on Oak Tree Preservation by John E. Etter. Mr. Etter addressed the Council and asked for their support of a county -wide oak tree ordinance to protect the few remaining oaks trees in Ventura County. CONSENSUS: By consensus, the Council determined to place this item on the City Council agenda of July 19, 1989. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to consider the appointment of a Parks and Recreation Commissioner as significant urgency existed because of the length of time vacancies had existed on the Parks and Recreation Commission. The voice vote was unanimous. Councilmember Perez requested that item 11.D. be included in the consent calendar as item 8.J. Minutes of the City Council Moorpark, California Page 2 July 5, 1989 A 7. PUBLIC COMMENTS: Elaine Freeman, Griffin the Campus Hills Park. between the builder and but that a conclusion to needed issues had been would be finalized this meeting. Homes, addressed the Council regarding She said there had been frustration the homeowners over the uncompleted park the problem was imminent. She said the resolved and a schedule of completion week and brought to the Council's next Gary Duncanson, 15449 Doris Court addressed the Council regarding the Campus Hills Park. He said that all that could be done to expedite completion of the park should be done. Connie Lawrason, 4291 Ambermeadow, addressed the Council saying she hoped the Council would approve parking restrictions on Los Angeles Avenue. Ms. Lawrason presented the Council with a copy of the Grand Jury report. Jacquie Perkovich 15548 Doris Ct., addressed the Council regarding the Campus Hills Park saying the children had only the street to play in. Linda Plaks, 4957 Mira Sol, thanked the Council for their support in making the Fourth of July celebration such an outstanding community event. Doug Frazier, 237 Sierra Ave., suggested looking for other, possible sites for the downtown park. COMMITTEE REPORTS: Mayor Brown and Councilmember Perez reported on the Southern California Joint Powers Insurance Association meeting where the City's application was reviewed and recommended for approval. Mayor Brown reported on the meeting of the County Beyond Year 2000 Committee. She said her vote on the report was negative since she felt the unique problems facing Moorpark were not satisfactorily considered and solutions and policies which appeared to serve the County well could have a deleterious impact upon the City. 8. CONSENT CALENDAR: Roll Call Vote Required. MOTION: Upon a motion by Councilmember Harper seconded by Councilmember Montgomery, items 8.11., and B.J. were pulled from the consent calendar for discussion; the following items were approved by a unanimous roll call vote: A. Consider approval of minutes for the _5kecial_ City Council Meeting of June 2 er_ _1989. Staff Rommendation: Approve the minutes as processed. Minutes of the City Council Moorpark, California Page 3 July 5, 1989 B. Consider approval of minutes for the__Special City_ Council Meeting of June 21, 1989. Staff Recommendation: Approve the minutes as processed. C. Consider approval of Warrant Register 1988/89: - Prepaid Warrants Nos. 8809, 8906, 8914, 8938, 8971 -8974, 8976 -8982, 8985, 8987, 8989 $ 48,834.81 - Payable Warrants Nos. 8990 -9049 $169,684.42 D. Consider Aqreement for City Attorney Services. Staff Recommendation: Approve the Agreement. E. Special enforcement report_on the downtown area__ Staff Recommendation: Receive and file the report. F. Tract Nos. 4140, 4141, and_ 4142 (Urban West Communities) - Grading Bonds Reduction. Staff Recommendation: Authorize the City Clerk to reduce the grading bonds for South Village to the amounts listed in the table. G. Consider authorization to advertise for bids __f_o_r annual street overlay - 1989. Staff Recommendation: Authorize the City Engineer to advertise for bids for the construction of the annual street, overlay - 1989. I. Consider a contract with Antelope Valley Bus for the provision of intra -city transit service for_FY_89 /90. Staff Recommendation: Approve the contract and authorize the Mayor to sign it. The following items were pulled for individual consideration by the Council: H. Consider Tierra Rejada Road Street N_ame_Signs. Staff Recommendation: Approve the illuminated sign legends as seen on Exhibit "A ". Councilmember Harper requested that the City's previous policy be checked as to whether the street designation should appear after the street. He also requested that "school" be added after Moorpark High on the sign if space permitted. BY CONSENSUS: By consensus the Council concurred with Councilmember Harper's requests. MOTION: Councilmember Perez moved and Councilmember Harper seconded a motion to receive and file the report. The voice vote was unanimous. Minutes of the City Council Moorpark, California Page 4 July 5, 1989 J. Consider Peach Hill Development Costs_ Staff Recommendation: Receive report and file. In response to Mayor Brown, Mr. Newhouse confirmed that the report contained the final development costs for the park in the amount of $795,204.27 BY CONSENSUS: By consensus the Council determined to receive and file the report. 9. PUBLIC HEARINGS: A. Consider revisions to Land Use Application Fees and Planning Rates. Staff Recommendation: Consider fees and planning rates. (Continued from April 19, 1989; May 3, 1989; May 17, 1989; June 7, 1989; June 21, 1989, Item 9.A.) Mr. Kueny advised that he was recommending a reduction in the proposed hourly rate from $85.00 to $65.00; a reduction in the fee deposits to 100% above the initial deposit, with an opportunity for the Council to review any increase above that amount on a case by case basis; a cost accounting study to be done for the Planning Department by June 1990 to confirm the accuracy of the hourly charge rate. In response to Councilmember Montgomery, Mr. Kueny said the staff believed the $65.00 hourly rate to be close to a fully recoverable cost. In response to Councilmember Montgomery, Mr. Kueny said that a cost accounting study for the Planning Department would take approximately a year to complete and cost approximately $10,000. Mr. Kueny stated that it would be beneficial for the other City departments to have an accounting study done also. Mayor Brown declared the public comment portion of the hearing open. Paul Tryon, Building Industry Association Executive Director, said that he had met with the City Manager and Staff and had worked with them to reduce the hourly rate. He said the absence of a ceiling on deposit billings had been a serious concern to him. In response to Councilmember Perez, he said he supported the City Manager's recommendations. Phil Vein, A & R Development Company, said that he strongly recommended the ceiling on deposit billings be reduced to 50% but thanked the City Manager for compromising and bringing the industry and City to a workable agreement. He said his complaint in working with the City was that the Community Development Staff and contract landscape architect caused unnecessary project. delays. Because there were no others present to speak on this item, Mayor Brown declared the public comment portion of the hearing closed. Minutes of the City Council Moorpark, California Page 5 July 5, 1989 In response to Councilmember Perez, Mr. Kueny said he felt more comfortable with a 100% cap than a 50% cap. Mayor Brown suggested a compromise between a 100% and 50% cap. MOTION: Councilmember Montgomery moved and Mayor Brown seconded a motion to amend Resolution No. 89 -547 to reflect an hourly rate of $65.00, a reduction in the fee deposit required for each type of entitlement application to reflect the reduction from $85.00 to $65.00 an hour, a fee cap of an additional 50% above the initial deposit with Council determination for any increase above that amount based on the facts of each case, and a complete cost accounting study to determine an hourly charge rate to be completed by June, 1990. AMENDMENT TO THE MOTION: Councilmember Lawrason moved and Councilmember Montgomery seconded a motion to amend the cap to 75 %. The voice vote was 3 -2, Councilmembers Harper and Perez dissenting. VOTE ON THE MAIN MOTION: The voice vote was 3 -2, Councilmembers Harper and Perez dissenting. B. Draft Housing Element (March 1989 )_of_ the General Plan. A draft of the revised Housing element of the City's General Plan as a periodic updating required by State law. Staff Recommendation: Continue this matter to the Council's next regular meeting of July 19, 1989. CONSENSUS: By consensus the Council continued this item to the July 19, 1989 Council Meeting. C. Consider a report regarding the reallocation of Community Development Block Grant (CDBG __funds from the Senior Citizens Center project to street i_mprov_ement pngjpcts._ Staff Recommendation: Approve the reallocatiori of CDBG funds as proposed by staff_ (Continued from June 21, 1989, Item 9.E.) Don Reynolds, Management Analyst, advised that Staff's recommendation was to reallocate $91,070 of CDBG funds set aside for the Senior Center Improvement project to street improvements in the Virginia Colony neighborhood and on Charles Street. In response to Councilmember Perez, Mr. Kueny said he felt the street connection between Nogales Avenue and Avenida Colonia was a necessary improvement. Minutes of the City Council Moorpark, California Page 6 July 5, 1989 Councilmember Montgomery agreed that it made sense to connect the streets, and to proceed with the storm drains in the area of Charles Street. MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to approve the reallocation of $91,000 of Community Development Block Grant funds from the Senior Citizens Center project to street projects on Nogales Avenue and Avenida Colonia; design work for Charles Street to be done concurrently with Nogales and Avenida Colonia; Charles Street improvements to be initiated with the balance of funds after the completion of the Nogales and Avenida Colonia street projects. The voice vote was unanimous. AT THE HOUR OF 8:50 p.m. a recess was declared by Mayor Brown. The meeting reconvened at 9:15 p.m. 10. COMMENTS FROM COUNCILMEMBERS: Councilmember Harper nominated Teresa Godinez as the new Parks and Recreation Commission. CONSENSUS: By consensus the Council confirmed the appointment of Teresa Godinez to the Parks and Recreation Commission. Councilmember Lawrason complimented the police department for their outstanding job at the Fourth of July celebration and the President of the Moorpark Chamber of Commerce, Linda Plaks, for all her efforts in making the celebration a success. Councilmember Perez requested, and Mayor Brown concurred with the request, that the public hearing notice requirement be reconsidered. He said that a 1,000 foot notice requirement was not warranted in all cases and imposed a hardship on some applicants. Councilmember Perez indicated that he would be attending a meeting of the Downtown Area Neighborhood Council. In response to discussion by the Council, Mr. Kueny said that it appeared a quorum of the Council might be present at the Downtown Neighborhood Council meeting and that it would be appropriate to seek legal counsel from the City Attorney. Mayor Brown expressed her concern about fireworks in the hands of amateurs in an area where a real fire hazard exists. Minutes of the City Council Moorpark, California Page 7 July 5, 1989 11. A. Consider the introduction of Ordinance No.112, an ordinance amending the City's Zoning Code to allow Child Day Care Centers within the C -0, C-1,__ C-2,__ CPD. M -1 and M -2 zones b,a suect to a Conditional Use Permit__ Staff Recommendation: Approve Ordinance No. 11.2 and introduce for first reading. Cheryl Kane, City Attorney, indicated that in Section 1, Article 11, Section 8129 -1 the word "Day" should be inserted after "Child "; and in Article 21, Section 8139 -1 "by the lessee of the building or complex" should be added after "site "; and in the title, "Article 23 (Section 8130 -1)" was changed to read "Article 21 (Section 8139 -1) ". Ms. Kane said that with those changes the ordinance was ready for introduction and first reading. She then read Ordinance 112 in title. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to waive further reading and declare Ordinance No. 112 read in title only. The voice vote was unanimous. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to declare Ordinance No. 112 introduced and read for the first time. The voice vote was unanimous. 11. B. Consider proposed Ballot Measure to Establish a_ Transient Occupancy Tax (TOT). Staff Recommendation: Authorize Ballot Measure for November 1989 Election. Susan Cauldwell, Administrative Assistant, indicated that "and the number and total dollar amount of exemptions granted, if any, pursuant to Section 3.18.030" should be added after "amount of tax collected for transient occupancies," in Section 3.18.060. Mr. Kueny indicated that "1% per month" should be changed to read "1 112% per month" in Section 3.18.070, 4; and the second sentence in Section 2. (page 6) should be changed to read "It is hereby declared that this Ordinance and each sentence, clause or phrase thereof would have been approved irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid." MOTION: Councilmember Harper moved and Mayor Brown seconded a motion to approve the proposed transient occupancy tax ballot measure as amended by staff and to instruct staff to prepare the ballot measure for inclusion on the November 1.989 ballot. The voice vote was unanimous. CONSENSUS: By Consensus the Council determined to have Councilmember Harper and Mayor Brown draft the arguments for the ballot measure, and authorized the City Attorney to prepare an impartial analysis. 11. C. Consider Comprehensive Planning Ordinance (CPS Staff Recommendation: Direct Staff as deemed appropriate. Minutes of the City Council Moorpark, California Page 8 July 5, 1989 Ms. Kane reported that she had been directed by the Council to prepare the Comprehensive Planning Ordinance. She indicated some amendments to the ordinance. In response to Councilmember Montgomery, Ms. Kane said that traffic numbers were more defensible than dwelling units. The Council expressed concern that the ordinance contained a "loophole" that would allow a future Council to exceed the regional housing figures. Ms. Kane said the revised ordinance incorporating the changes directed by the Council would be returned to the Council. CONSENSUS: By consensus the Council determined to have the revised ordinance brought back for further review and discussion after development of the necessary traffic generation data by the Department of Community Development. E. Consider Potential Downtown Park Sites. Staff Recommendation: Direct as deemed appropriate. Phil Newhouse, Director of Community Service, reported that as a result of information obtained at several Downtown public meetings, a park site was looked for that could accommodate soccer fields and ball diamonds. He said as a result of that only two sites were considered as real possibilities -- the Schleve property and the lower athletic field of the old High School. Mr. Newhouse went over the other properties recommended to the Council by the Parks and Recreation Commission and their priority placement. In response to Mayor Brown, Mr. Newhouse said that the standard size of a neighborhood park is 6 -15 acres. Mayor Brown said there were other sites that could have been explored further. CONSENSUS: By consensus the Council determined to receive and file the report. F. Consider Parking Restriction afn on Los _Angeles Avenue_- (SR118) from Shasta to Buttercreek. Stf Recommendation: Adopt Resolution No. 89 -583, Resolution No. 89 -584, and apply for a CalTrans encroachment permit. Minutes of the City Council Moorpark, California Page 9 July 5, 1989 Susan Cauldwell, Administrative Assistant, reported that in April of 1989, the Council directed staff to pursue no parking anytime along Los Angeles Avenue between Park Lane and Butter Creek Road. She indicated that the proposed resolutions would prohibit parking at any time on the north side of Los Angeles Avenue from Maureen Lane to 100 feet west of Butter Creek Road, and on the south side of Los Angeles Avenue between Park Lane and 100 feet west of Butter Creek Road. She said it was also proposed that the City apply to Caltrans for an encroachment permit to post the signs. This restriction would replace the current 10:00 p.m. to 6:00 a.m. parking restriction on portions of Los Angeles Avenue. MOTION: Councilmember Lawrason moved and Councilmember Montgomery seconded a motion to adopt Resolutions No. 583 and 584 and authorize the application for an encroachment permit. The voice vote was unanimous. G. Consider proposed criteria for exemption from Maintenance District Assessments. Staff Recommendation: Direct staff as deemed appropriate. Councilmember Montgomery said it was the Budget and Finance Committee's feeling that there should be an exemption from the maintenance district assessments for those residences located in the downtown area and a waiver of those assessments for low income wage earners in other areas of the City. He said those qualifying for the exemption should not have an assessment appear on their property tax notice to avoid a rebate situation. He said the subcommittee had defined low income as being 80% of County median family income. In response to Councilman Lawrason, Mayor Brown said the downtown area could be defined as the Redevelopment Project Area. Councilmember Perez said he believed the assessment district fees were warranted in all areas of the City as the parks were for the use and enjoyment of all City residents. AT THIS POINT IN THE MEETING, Mayor Brown declared a 15 minute recess. The meeting reconvened at the hour of 11:15 p.m. 11. G. (continued) Councilmember Montgomery said that he had a compromise motion to make. Minutes of the City Council Moorpark, California Page 10 July 5, 1989 MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to authorize a rebate of the assessment district fees to those people who are owner occupants of their property, have paid the assessments on their property tax bill and meet no more than two - thirds of the County median family income; that special demonstrable hardship circumstances could be considered on a case by case basis when determining income requirements. The voice vote was unanimous. CONSENSUS: By consensus the Council clarified that the above motion was applicable to both Parks and Lighting and Landscaping Maintenance Districts. H. Consider proposed ballot measure concerning Parks Maintenance Assessment District. Staff Recommendation: Direct staff as deemed appropriate. Councilmember Montgomery indicated that it would be wise to obtain the consent of the people by placing the park's maintenance district on the November ballot. Councilmember Lawrason said that he felt the members of the Council were elected to make such decisions. Mayor Brown said she would like to see if the residents of the City really wanted parks and were willing to pay for them. In response to Mayor Brown, Councilmember Harper said that at the point this issue became an issue of real debate in the community he would consider putting it on the ballot. Councilmember Perez said that he felt the community was supportive of the assessment. CONSENSUS: By consensus the Council agreed to table the item. 12. ORDINANCES: A. Consider adoption of Ordinance No. 110, an ordinance - - - - -- -- — -- approving and adopting a redevelopment _plan for the Moorpark Redevelopment prpj ect. Cheryl Kane, City Attorney, read Ordinance No. 110 in title. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to waive further reading of Ordinance No.1.10. The voice vote was unanimous. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to declare Ordinance No. 110 read for the second time and adopted as read. The voice vote was unanimous. Minutes of the City Council Moorpark, California Page 11 July 5, 1989 B. Consider adoption of Ordinance No'. __111, an ordinance approving the first amendment _.to_th_e redevelopment _plan which arohibits the use of eminent domain for certain residential_ property wi thi n the project_ area_ and_ submitti ng said amendment to the voters. Cheryl Kane, City Attorney, read Ordinance No. 111 in title. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to waive further reading of Ordinance No. 111. The voice vote was unanimous. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to declare Ordinance No. 111 read for the second time and adopted as read. The voice vote was unanimous. 13. FUTURE AGENDA ITEMS: Councilmember Montgomery requested an a status report of the analysis of signalization on Tierra Rejada Road be placed on the agenda. Councilmember Harper requested that consideration of a Countywide Oak Tree Ordinance be placed on the next agenda. Councilmember Harper requested that an item on the circulation of traffic around the college and a possible restriction of some of the turning movements be placed on the agenda. Councilmember Perez requested that the public hearing notice requirement be agendized. Councilmember Perez requested a report on the widening of Los Angeles Avenue through the Virginia Colony area. Mayor Brown requested a discussion of the Year 2,000 and Beyond Committee Report be agendized. 14. CLOSED SESSION: MOTION: Councilmember Perez moved and Councilmember Harper seconded a motion to adjourn into Closed Session at the hour of 11:45 p.m. for discussion of the following items: A. Personnel. B. Potential litigation pursuant to Government Code Section 54956.9(b)(1). C. Potential litigation pursuant to Government Code Section 54956.9(c). D. Litigation concerning City of Moorpark vs. Moorpark Unified School District. Minutes of the City Council Moorpark, California Page 12 July 5, 1989 E. Negotiation for real property at 289 Casey Road (former high school site - Moorpark Unified School District) pursuant to Government Code Section 54945.8. G. Negotiation for real property concerning APN 500 -39 -050 (Watt Consolidated) pursuant to Government Code Section 54956.8. The voice vote was unanimous. AT THIS POINT in the meeting a 10 minute recess was declared by Mayor Brown. The meeting reconvened into Closed Session at 11:55 p.m. 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 at the hour of 12:55 a.m. City Manager Kueny stated there was no action to report out of Closed Session. There was a brief discussion concerning a letter from Bill LaPerch asking the City Council to participate at a meeting of the Downtown Area Neighborhood Council concerning the Casey Road school site and downtown park site. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to direct the Mayor to send a letter to Mr. La Perch declining the invitation to participate at the Neighborhood Council Meeting on the advice of the City Attorney and inviting them to the July 19, 1989 Council meeting at which time the downtown park matter would be on the agenda. The voice vote was unanimous. 15. ADJOURNMENT: MOTION: Councilmember Lawrason moved and Councilmember Montgomery seconded a motion to adjourn the meeting. The voice vote was unanimous. The meeting adjourned at the hour of 112:57 a.m. Eloise Brown, Mayor ATTEST: