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HomeMy WebLinkAboutMIN 1989 0802 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California August -,, 1989 A Regular Meeting of the City Council of the City of Moorpark, California was held on August 2, 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 7:05 p.m. by Mayor Eloise Brown. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Lawrason. 3. ROLL CALL Present: Councilmembers Paul Lawrason, Scott Montgomery, Bernardo Perez and Mayor Eloise Brown. Absent: Councilmember Harper Steven Kueny, City Manager; Pat Richards, Director of Community Development; Phil Newhouse, Director of Community Services; Susan Cauldwell, Administrative Assistant; Lt. Richard Rodriquez, Sheriff's Department; Cheryl Kane, City Attorney; Paul Porter, Senior Planner; and Lillian Kellerman City Clerk. 4. PROCLAMATIONS, COMMENDATIONS___AND SPECIAL PRESENTATIONS A. Mayor Brown read and presented a plaque to Ms. Pat Arambula in recognition of her service as a Parks and Recreation Commissioner. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: MOTION: CounciImember Perez moved and Mayor Brown seconded a motion to add item 11.I., an item dealing with the notice procedure for public hearings, to the agenda as need arose after the posting of the agenda to consider the hardship placed on a certain applicant because of the requirement. The voice vote was unanimous, Councilmemeber Harper absent. 6. PUBLIC COMMENTS A. Vicki McGowan, 13060 View Mesa, told the Council that costs for the Labor Day "Day in the Park Picnic" had increased from last year. She said the Moorpark Youth Activities Committee hoped that the event would be co- sponsored by the City and that the entire event could come under the umbrella of the City's Insurance. She said the committee was not planning any high risk activities or food sales. Minutes of the City Council Moorpark, California Page 2 August 2, 1989 B. Connie Vol ke, 11744 Butter Creek Rd., asked the Council to allow the "Day in the Park Picnic" to be covered under the City's liability insurance. C. Debbie Owens, MOMS Club President, 11910 Honeybrook Ct., asked the Council to waive the fees for use of the Community Center for their meetings. She said that in exchange for waiving the fees the Club would co- sponsor three activities for the children of Moorpark. D. Terri Hale, 11916 Honeybrook Ct., said that most of the money raised by the MOMS Club went to local charities and requested that the Council waive the Community Center fees. E. Paulette Swenson, 11944 Honeybrook Ct., said that the MOMS Club only needed the use of the Community Center one day a month for 2 hours. F. Tracy Stickler, 11891 Maplecrest St., asked that the fees for use of the Community Center by the MOMS Club be reduced if they could not be waived. G. Betty Hornaday, 4365 Woodglen, said that the overcrowding problems in Moorpark needed to be addressed and she believed strict code enforcement would greatly help the situation. H. Elaine Freeman, of Griffin Homes, said that they were satisfied with the details of the Allocation Agreement. Ms. Freeman said that Griffin Homes would like to participate with the City in finalizing the criteria for the first time home buyers program. I. Doug Frazier, 237 Sierra, thanked the City for planting "his" tree. J. Ledvia Hinojosa, 374 Harry St., requested that the Council waive a variance fee. She said her house had been roofed with the intention of enclosing a room. She said the roof was acceptable when the building permit was obtained but was not acceptable now due to changes in the City's Building Code. K. Barbara Shultz, 116 Sierra Ave., requested to know when the City would plant her promised tree. Mr. Newhouse responded that the tree would be planted next week. 7. COMMITTEE REPORTS: Councilmember Montgomery reported on the Waste Commission Meeting. Councilmember Perez reported on the meeting with Jack Hallin of CalTrans which he attended with the Mayor. Mayor Brown reported on the Southern California Joint Powers Insurance Association meeting that she attended on Monday. Minutes of the City Council Moorpark, California Page 3 August 2, 1989 8. CONSENT CALENDAR MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to pull Items 8. H., 8.I., 8.J., 8.L., and 8.P. from the Consent Calendar and approve all other Consent items. The roll call vote was unanimous with Councilmember Harper absent. A. Consider approval of minutes for t_he Adjourned City Council Meeting of _June 26, 198.9_.. Staff Recommendation: Approve d. the minutes as processe B. Consider approval of minutes for the Adjourned City- Council Meeting of June 27, 1989. __ Staff Recommendation: Approve the minutes as processed. C. Consider approval of Warrant Register 1988/89_ - Prepaid Warrants Nos. none - Payable Warrants Nos. 9120 - 9148 $229,075.00 D. Consider approval of Warrant Register 1989/90_ - Prepaid Warrants Nos. 10003, 10004, 10046 - 10060 $76,446.60 - Payable Warrants Nos. 10062 - 10105 10138 $22,292.86 E. Tract 3998 (Urban West Communities) - Acceptance of Improvements and _ Exoneration_ of Bonds_. Staff Recommendation: Accept all public improvements; include streets in the City street system for maintenance; accept Improvement Bond for Walnut Creek and Mountain Meadows; authorize exoneration of grading bond August 2, 1990. F. Tract 4001 L rban West Communit_iesl - Acce_ptance of Improvements and Exoneration of Bonds. Staff Recommendation: Accept all public improvements; include streets in the City street system for maintenance; authorize exoneration of performance and payment bonds; authorize exoneration of grading bond effective August 2, 1990. G. Status Report on Mountain Meadows Moisture Concerns. Staff Recommendation: Receive and file the report. K. Consider Approval of _ _Attendance at Channel Channel _Counties Division League of _California Cities _ by_City Councilmembers. Staff Recommendation: Approve request per MOP 1. - - - - - M. Approve Resolution No. 89 -594 Establishing Appropriations Limit for FY 89 -90. Staff Recommendation: Approve Resolution No.89 -594. Minutes of the City Council Moorpark, California Page 4 August 2, 1989 N. Consider Claim of Arthur Gutierrez. Staff Recommendation: Reject the claim. 0. Approve Resolutions for Industrial Planned Development Permit Nos. IPD -88 -3 thro_ugh IPD -88 -6 ___ (Siegel & Associates, Inc. /West American Construction Company /S &B Mortgage Investment Company Staff Recommendation: Approve Resolutions No. 89 -595, No. 89 -596, No. 89 -597, No. 89 -598, No. 89 -599, and No. 89 -600. Q. Adopt Resolution No.89 -601 for extension of Franchise Agreement with Ventura County -_Cable (VCC). Staff Recommendation: Approve Resolution No. 89 -601. R. Consider SB969 (Bergeson).. Staff Recommendation: Oppose SB 969 and authorize Mayor to sign letter. S. Consider filing claim for __$107,007_ of_ SB821 (Bikeway) funds. Staff Recommendation: Adopt Resolution No.89 -602 and authorize City Manager to sign claim. The following items were pulled from the Consent Calendar for individual consideration by the Council: H. LeClub Apartments (PD1010) - Affordable Housing Status Provision Report. Staff Recommendation: Receive and file the report. Councilmember Perez stated his concern that the units at the LeClub Apartments which are held available for households whose income is 80 percent of median are not rent restricted and remain vacant because most tenants do not wish to become involved in the additional paperwork necessary to rent the apartments when they see no benefit. BY CONCENSUS:By consensus the Council determined to direct the staff to write a letter to the appropriate agency outlining Councilmember Perez's concerns. I. Tract 4340 and PD 1070 Urban West Communities)_- Minor modification 89 -1, _ Mountain_ Meadows. Staff Recommendation: Receive and file the report. Councilmember Montgomery asked if this item had been before the Planning Commission. Mr. Richards responded that it had not. Mayor Brown expressed her concern that the increased sized house would be large for the standard lot. She said she would like to the Planning Commission to review the request. Councilmember Montgomery said that as long as the minimum setback requirements still had to be met, he had no real concerns. Minutes of the City Council Moorpark, California Page 5 August 2, 1989 MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to receive and file the report. The voice vote was 3 -1, Mayor Brown dissenting and Councilmember Harper absent. J. Consider _Agreement with Homes Concerning Residential Permit Allocations. Staff Recommendation: Approve Agreement and authorize mayor to sign on behalf of the City. Mr. Kueny said that he would like to recognize that the City was about to embark upon an important program and five first time home buyers would be benefiting from that program. Mayor Brown agreed that it was an important step for the City of Moorpark. MOTION: Mayor Brown moved and Councilmember Montgomery seconded a motion to approve the Allocation Agreement with Griffin Homes. The voice vote was unanimous with Councilmember Harper absent. L. Report on City Code Regulating_Rubbish Collection Hours. Staff Recommendation: Receive and file the report. Mayor Brown stated that she would like to change the hours of commercial rubbish collection to be the same as residential collection hours -- 6:00 a.m. to 7:00 p.m. CONSENSUS: By consensus the Council determined to have a new ordinance brought back to them for consideration. P. Consider Agreement to Construct Improvements and Approval of Final Map for LDM -11 (Embassy). Staff Recommendation: Approve parcel map and accept easements, rights -of -way and ingress and egress as shown on the map. Ken Shisido of Embassy said that he was in agreement with the points contained in the City Manager's draft letter to Embassy which would be incorporated into the agreement for construction of improvements for LDM -11. MOTION: Councilmember Perez moved and Councilmember Lawrason seconded a motion to approve the staff recommendation and to add to the the agreement to construct improvements for LDM -11 those additional points as agreed to by Embassy. The voice vote was unanimous with Councilmember Harper absent. 9. PUBLIC HEARINGS: A. Planned Development Permit No. PD -966 - Major _Modification No 89 -1 - _ proposed __restaurant with fixed bar. Staff Recommendation: Continue to August 16, 1989. CONSENSUS: By consensus the Council determined to continue this item to the August 16, 1989 Council meeting. Minutes of the City Council Moorpark, California Page 6 August 2, 1989 B. Appeal No. 89 -3 (West America Construction Corp. - LDM-89 -1) - An appeal_r_e ag rdi n�the aZrment of an fee in con.iunction with a parcel map approval. Staff Recommendation: Direct the staff to prepare a resolution to delete Condition No. 14 (a) on LDM -89 -1. Mr. Kueny said it was his recommendation that the applicants appeal be upheld as an additional A.O.C. fee should not be imposed on this LDM application since an A.O.C. fee was paid when the property was originally subdivided. Mayor Brown open the public hearing. The public hearing was then closed to comment as there was no one present to speak to the item. MOTION: Councilmember Lawrason moved and Councilmember Montgomery seconded a motion to direct the staff to prepare a resolution amending the Planning Commission's resolution by the deletion of Condition No. 14 (a). The voice vote was unanimous with Councilmember Harper absent. C. Amendment to City Ordinance (Chapter_50 - Signs,_ Standards and Permits) related to "For Rent" and "For Lease "._ signs _in Multi- family zones. Staff Recommendation: Direct Staff as deemed appropriate. Paul Porter said that an ordinance to update the requirements to meet current trends and practices regarding multi- family apartment, condominium, or townhouse project "For Rent or Lease" signs had been heard by the Planning Commission at their June 19th meeting. The Planning Commission passed a resolution recommending to the City Council the adoption of the ordinance with minor changes now incorporated into the ordinance. He said that on page 6 (G) amortization, the original recommendation of two years had been changed to one and staff recommended that (H) abatement be changed to one year also. Mayor Brown opened the public hearing. As there was no one to speak, the public comment portion of the public hearing was closed. Mayor Brown stated she thought one year was too restrictive in Section 9.50.096 (2) (G) non conforming sign amortization. She said (G) should remain 2 years and (H) abatement remain 2 years also. MOTION: Councilmember Lawrason moved and Councilmember Montgomery seconded a motion to find the Negative Declaration complete and in compliance with City and State guidelines; to find the contents of the Negative Declaration had been considered in the decision on the proposed amendment to the Sign Code; to adopt the proposed amendments to Chapter 50 of the zoning ordinance; to rescind ordinance Nos. 82 and 90 and replace with proposed ordinance. Minutes of the City Council Moorpark, California Page 7 August 2, 1989 AMENDMENT TO THE MOTION: Councilmember Montgomery moved and Mayor Brown seconded a motion to amend (G) amortization to be 2 years rather than 1 year. The voice vote was three to one, Councilmember Perez dissenting and Councilmember Harper absent. VOTE ON THE MAIN MOTION: The voice vote was unanimous with Councilmember Harper absent. 10. COMMENTS FROM COUNCILMEMBERS: A. Appointment to Parks and Recreation Commission. Councilmember Montgomery said that he felt since Councilmember Harper was absent it would be unfair to nominate a new Parks and Recreation Commission and would defer doing so until the next meeting. 11. DISCUSSION /ACTION ITEMS: A. Consider Report Concerning Potential City Action on Alleged Zoning Violations. Staff Recommendation: Direct staff as deemed appropriate. (Continued from 7/19.) Mr. Kueny reported that an adjustment of the Code Enforcement Officer hours had been made to allow for 1 or 2 weekend days per month and 1 or 2 nights per week for the next 6 - 8 weeks with assignments to focus on zoning and building code violations that contribute to the overcrowding problem. He reported that contracting for code enforcement services of a person able to speak Spanish was being investigated and a job description for a Supervisory Code Enforcement Officer was being developed with the ability to speak and write Spanish as a highly desirable qualification. He said a salary survey was being done and it was expected that the position would pay about 15% more than the current Code Enforcement Officer position which has a salary range of $2,197 - $2,670. In response to Councilmember Lawrason, Mr. Kueny said that Staff was working with the City's building and safety contractor to bring someone on with Spanish language capability until the City can hire an employee. The Council discussed the recommended members of the proposed Downtown Steering Committee and the modification and re- issuance of a letter sent out in 1988 regarding the problems in the downtown area. Mayor Brown stated that she felt there should be more discussion on who would make up the Steering Committee and Councilmember Lawrason said he felt there should be a greater representation on the committee of those who live in the downtown area. In response, Councilmember Perez said the people proposed for the committee were very well recognized in the community. Minutes of the City Council Moorpark, California Page 8 August 2, 1989 AT THE HOUR OF 8:35 p.m. Mayor Brown declared a recess. The meeting reconvened at 8:50 p.m. Mr. Kueny suggested getting the letter out with the people's names that would be recognizable to the community and coming back in 6 weeks for further discussion. MOTION: Councilmember Perez moved and Councilmember Lawrason seconded a motion to approve the staff recommended action regarding the modification and re- issuance of the August 23, 1988 letter, to continue with code enforcement activities as outlined by the City Manager, and to review the effectiveness of the code enforcement effort in conjunction with the role and membership of the Steering Committee at the September 20, 1989 City Council meeting. AMENDMENT TO THE MOTION: Councilmember Lawrason moved and Councilmember Montgomery seconded a motion to acquire a contract code enforcement officer as soon as possible. The voice vote was unanimous with Councilmember Harper absent. VOTE ON THE MAIN MOTION: The voice vote was unanimous with Councilmember Harper absent. CONSENSUS: By consensus the Council determined to have Ruben Castro, Father Mike Walsh, Paul Garcia and the Mayor sign the modified 1988 letter.. B. Consider PD1065 (Velazquez) Condition Concerning Installation of Sidewalk. Staff Recommendation: Direct staff as deemed appropriate. (Continued from 7/19) Councilmember Perez stated that CalTrans had indicated that there would be no hold up of PD -1065 (Velazquez) because of the sidewalk issue. Mr. Kueny said that Mr. Velazquez was to submit his meandering sidewalk plan tomorrow and the staff would follow -up with CalTrans to insure final resolution. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to receive and file the report. The voice vote was unanimous with Councilmember Harper absent. CONSENSUS: By consensus the Council determined to delay hearing 11.C. until the end of the discussion items. D. Consider Request from MOMS Club to Waive Rental Fee for Community Center. Staff Recommendation: Charge modified rental fee. Minutes of the City Council Moorpark, California Page 9 August 2, 1989 Mr. Newhouse said that the MOMS Club had contacted staff after the July meeting to request free use of the Community Center because they were volunteering to assist the City with special events and youth dances. He said that staff recommended reducing the fee to the amount of $25.00, the same fee paid by the Rotary Club. Mayor Brown stated that she hoped the group's membership would grow to include members from all parts of the City. MOTION: Mayor Brown moved and Councilmember Perez seconded a motion to reduce the rental fee of the Community Center to $25.00 per two hour monthly meeting for a six month period; require a minimum child care supervision ratio of one sitter per eight children; allow use as long as it did not conflict with City Recreation classes and that MOMS Club members volunteer to assist with City Recreation programs of their choice. The voice vote was unanimous with Councilmember Harper absent. E. Consider Request from Moorpark Youth_ Activities Committee to Co- sponsor Labor Day Picnic. Staff Recommendation: Approve co- sponsorship with certain conditions. Councilmember Montgomery said that he would like to see an increase in the City's participation in funding for this event from $250 to $500 and have the requirement for product liability insurance dropped. Mr. Kueny stated that the City's insurance broker had initially recommended that a $150 insurance rider be purchased to cover liability for the event but it now appears such coverage is not necessary. MOTION: Councilmember moved and Councilmember Perez seconded a motion to approve co- sponsorship for the program; to waive all related fees and increase the City's contribution to $500; City to approve all activities; require insurance in the amount of $1,000,000 from any group other than Moorpark Youth Activities Committee participating in the event with City named as additional insured on policy; approve use of 12 tables and 125 chairs from the Community Center, Moorpark Youth Activities Committee to be responsible for loss or damage; approve City staff for maintenance of park for day's event. AMENDMENT TO THE MOTION: Councilmember Lawrason moved to have the City purchase an insurance rider for one day coverage of the event if staff determines it is necessary after further consultation with City's insurance broker. The voice vote was unanimous with Councilmember Harper absent. VOTE ON THE MAIN MOTION: The voice vote was unanimous with Councilmember Harper absent. CONSENSUS: By consensus the Council determined to use money from the available Recreation Fund contingency for the event. Minutes of the City Council Moorpark, California Page 10 August 2, 1989 F. Consider Criteria for Participation in First -time Home Bier Program.. Staff Recommendation: Approve criteria. Councilmember Montgomery requested that criteria No. 7 be changed to allow for 10 years of no interest payment on a second mortgage. Mr. Kueny stated that 7.(b). should say that the City would hold the second trust deed where the owner couldn't qualify for a second trust deed with a lender. Mayor Brown asked for the deletion of criteria No. 14 that said "not more than three persons 21 years or older may reside in the house ..." Elaine Freeman, representing Griffin Homes, suggested that pre - qualification of applicants be done prior to placing their name in the lottery. In response to Councilmember Lawrason, Ms. Freeman said that the purchase price of the home would be $180,000 and explained the process for qualifying for a loan. CONSENSUS: By consensus the Council determined to approve the staff recommended criteria with the suggested revisions and to look at further provisions to be submitted to the Council in detail before the criteria is finalized. CONSENSUS: By consensus the Council determined they would like Elaine Freeman representing Griffin Homes to be involved in working with the Affordable Housing Committee in the assessment of the final criteria. G. Consider CalTrans Proposal concerning_Ci_ /y administration of Certain Permits for State Highways. Staff Recommendation: Direct Staff to proceed with investigation of the proposal. CONSENSUS: By consensus the Council determined to direct staff to proceed with investigation of City issuance and inspection of permits on State Highways 23 and 118 within the City. H. Consider Urban Forestry Grant Program Under California Wildlife Coastal and Park Land Bond Act of 1988. Staff Recommendation: Direct staff as deemed appropriate. In response to Councilmember Lawrason, Mr. Newhouse said the $27,500 estimated cost for the project would fund the planting of trees at all five locations outlined in the report. The grant would provide $22,500 and the City would fund the balance of $5,000. Minutes of the City Council Moorpark, California Page 11 August 2, 1989 Councilmember Lawrason said he felt the water system should be augmented and would like to be provided information on a plan to do that. MOTION: Councilmember Lawrason moved and Councilmember Montgomery seconded a motion to submit the application for the Urban Forestry Grant Program for $22,500 for the five sites of the project outlined in the staff report. The voice vote was unanimous, Councilmember Harper absent. I. Consider Granting_ Zone _Variance for Hinojosa's 374 Harry Street. Councilmember Perez requested that the fee resolution be amended so that the Hinojosa's could proceed with the addition to their home as their roof was acceptable when the building permit was taken out but did not now meet the existing code, and so that others with similar variance problems could be helped as well. Councilmember Montgomery said that the zoning code needed to be reviewed as the process for a variance was so difficult. CONSENSUS: By consensus the Council determined to bring an amended fee resolution back to the next City Council meeting. C. Overview of Street LightingG_uidelines. Staff Recommendation: Direct staff as deemed appropriate. (Continued from 7/19.) Councilmember Montgomery suggested assigning the Public Works /Facilities Committee to look at revisions in the overall criteria for street lighting and identifying any areas in the City which are overlighted. CONSENSUS: By consensus the Council determined to assign the Public Facilities Committee to look at revisions in the overall criteria for street lighting and identifying areas in the City which are overlighted. 12. ORDINANCES A. Consider adoption o_f_ Ordinance No_. 112, an ordinance amending the City's Zoning Code to -allow Child Day Care Centers within all Commercial and Industrial Zones. City Attorney, Cheryl Kane, read the Ordinance No. 112 in title. MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to waive further reading and declare the Ordinance read in title only. The voice vote was unanimous with Councilmember Harper absent. Minutes of the City Council Moorpark, California Page 12 August 2, 1989 MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to declare Ordinance 112 introduced and read for the first time. The voice vote was unanimous with Councilmember Harper absent. 13. FUTURE AGENDA ITEMS: Councilmember Lawrason said he was concerned about the rapid increase of apartment rents. He said he would like to have a discussion on rent control. Councilmember Montgomery said he would like to work with the Staff on identifying possible equestrian /pedestrian trails for the City. Councilmember Perez said he was interested in a campaign to get local residents to support local businesses and in a review of the objectives and goals of the Economic Development Commission. 14. CLOSED SESSION: MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adjourn into Closed Session at the hour of 10:35 p.m. for a 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. E. Negotiation for real property at 289 Casey Road (former high school site - Moorpark Unified School District) pursuant to Government Code Section 54945.8. F. Litigation concerning City of Moorpark vs. Southern California Edison. G. Litigation concerning Villa Del Arroyo vs. City of Moorpark. H. Litigation concerning City of Moorpark vs. Fedelety Corporation (Arroyo Vista Park). The voice vote was unanimous with Councilmember Harper absent. AT THIS POINT in the meeting a recess was declared by Mayor Brown. The meeting reconvened into Closed Session at the hour of 10:58 p.m. Minutes of the City Council Moorpark, California Page 13 August 2, 1989 Present in the Closed Session were Councilmembers Paul Lawrason, Scott Montgomery, Bernardo Perez and Mayor Brown; Steven Kueny, City Manager; Cheryl Kane, City Attorney; and Phil Newhouse, Community Services Director. Mr. Newhouse left the Closed Session at 11:03 p.m. The meeting reconvened into open session at the hour of 12:19 a. m. Cheryl Kane, City Attorney, stated that there was no action to report out of Closed Session and that item 14.C. Potential litigation pursuant to Government Code Section 54956.9(c) and 14.F. Litigation concerning City of Moorpark vs. Southern California Edison had not been discussed. 15. ADJOURNMENT: MOTION: Councilmember Lawrason moved and Councilmember Montgomery seconded a motion to adjourn the meeting. The voice vote was unanimous with Councilmember Harper absent. The meeting adjourned at the hour of 12:20 a.m. � � L 6 Eloise Brown, Mayor ATTEST: Lillian E. Kel erman, City Clerk