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HomeMy WebLinkAboutMIN 1989 1004 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California October 4, 1989 A Regular Meeting of the City Council of the City of Moorpark, California was held on October 4, 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 7:02 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Montgomery. 3. ROLL CALL: Present: Councilmembers Clint Harper, Paul Lawrason, Bernardo Perez, Scott Montgomery and Mayor Eloise Brown. Steven Kueny, City Manager; Richard Hare, Deputy City Manager; John Knipe, Assistant City Engineer; Sergeant Dennis Carpenter, Sheriff's Department; Susan Caldwell, Administrative Assistant; Phil Newhouse, Director of Community Services; Brian Pierik, Acting City Attorney; Debbie Traffenstedt, Senior Planner; and Lillian Kellerman, City Clerk 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: The following proclamations were read: A. Proclaim October 7 - 14, 1989 as National Fire Prevention Week. B. Proclaim October 22 - 29, 1989 as Red Ribbon Week -- a call to live a drug -free and healthy life. C. Proclaim October 1989 as Mental Illness: New Directions Month. D. Proclamation to recognize the City of Simi Valley on October 10th, their 20 year anniversary. E. Proclamation to recognize the City of Thousand Oaks on October 7th, their 25 year anniversary. 5. REORDERING OF, AND ADDITIONS TO, TH1= AGENDA: Mr. Kueny asked that the Council consider a report on an alternate surface for Monte Vista Nature Park parking lot, information becoming available and the need for a decision arising after the posting of the agenda. Minutes of the City Council Moorpark, California Page 2 October 4, 1989 Councilmember Harper asked that consideration of TOPA's Gateway Plaza occupancy request be added to the agenda. Councilmember Perez said he would like to add to the agenda consideration of Ventura County Multicultural Arts Council's request for City support of its annual "Dia de Los Muertos" celebration, the timing being critical to them. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to add the three requested items as 11.H., 11.I. and 11.J to the agenda as need arose concerning these items after the posting of the agenda. The motion carried by unanimous voice vote. 6. PUBLIC COMMENTS: A. Connie Lawrason, 4291 Ambermeadow, complained about the truck traffic on Highway 118 and Los Angeles Avenue and the danger of accidents. She said cars are still parking on 118 where they shouldn't be. B. Susan Weintraub, 1800 Avenue of the Stars, Los Angeles, spoke representing TOPA Management. She indicated the delays that had been experienced on the project which where out of TOPA's control and asked for the City's understanding in working with TOPA on allowing occupancy of the Gateway Plaza. She asked that the salt finish on the sidewalk, which was not to City standards, be accepted. C. Gary Scott, 12395 Springcreek Rd., asked that the hours of trash collection be changed to start no sooner than 7:00 a.m. D. Elaine Cordeau, 4591 Fern Valley Ct., asked that tenants be allowed to occupy the Gateway Plaza. E. Ira Greenberg, 8410 Waters Rd., complained about not being able to get approval for occupancy at the Gateway Plaza. F. Dick Odle, 5775 Los Angeles Ave., asked the Council to approve the project concept changes for Tract 3319 -1 to be considered as Item 11.B. G. Paul Bollinger, 5743 Corsa Ave., Simi Valley, of Bollinger Development, said that they had worked with the staff to alleviate problems with the plan for Tract 3319 -1 and would like approval to finish the project. H. Jim Allcala, 5775 Los Angeles Ave., Simi Valley, of Spectrum, said the project concept changes for tract 3319 -1 were in the best interests of the City. Minutes of the City Council Moorpark, California Page 3 October 4, 1989 I. Gabino Aguirre, 1008 Hillside Drive, Santa Paula, said that he was again before the Council asking for support for the Dia de Los Muertos cultural event. He asked for consideration of funding and the waiving of permit fees. J. Arend Collen, 372 Misty Falls Ct., Simi Valley, representing McDonald's, said that he would like to request that the scope of work for the proposed traffic study for the N.E. Corner of New Los Angeles Avenue and Spring Road be moved to the Community Development Committee where the technical details could be worked out before the next City Council meeting. K. Margaret Kirnig, 10725 Citrus Dr., of the Environmental Coalition, requested that an item be agendized regarding expanding the greenbelt in the vicinity of Moorpark. L. Teresa Godinez, 370 Bard St., reported that several people had meet with Councilmember Perez to talk about the downtown area problems. She said the discussion focused on the need for a committee to act as a liason for neighbors and the City, the enactment of new ordinances addressing the problems, meeting with police and fire personnel to come up, with solutions, and heavy fines for homeowners who do not comply with the law. M. Betty Hornaday, 4365 N. Woodglen, urged the Council to take care of the overcrowding in the downtown area. She said that things are getting worse not better. N. Lonnie Miramontes, 107 N. Mill St., Santa Paula, gave background information on the Dia de Los Muertos cultural event. 0. Ken Loe, 8410 Waters Rd., the owner of the Moorpark Pharmacy, said he would like to see occupancy allowed for the Gateway Plaza where he was moving his business. P. Elizabeth Arpel, 11355 Olympic, Los Angeles, representing AR Development, addressed the Council. She said she was present to answer any questions on item 8.F. 7. COMMITTEE REPORTS: None. 8. CONSENT CALENDAR: Roll Call Vote Required MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to pull items 8.F. and 8.H. from the Consent Calendar and approve all other Consent items as submitted. Motion carried by unanimous roll call vote. Minutes of the City Council Moorpark, California Page 4 October 4, 1989 A.1 Consider approval of minutes for the Special City Council Meeting of September 6, 1989. _ Approve the minutes as processed. A.2 Consider approval of minutes for the Regular Cif Council Meeting of September 6,__1989_. Approve the minutes as processed. B. Consider approval of Warrant Remoter 1988/89: - Payable Warrants Nos. 9161 $166.50 C. Consider approval of Warrant Register 1989/90: - Prepaid Warrants Nos. 10319 - 10320 10322 - 10330 10381 - 10385 $67,786.47 - Payable Warrants Nos. 10397 - 10458 $85,520.91 D. Consider Bond Exoneration for Model Homes and Fencing for Tract 3019 - (Warniington). Staff Recommendation: Authorize City Clerk to exonerate bond. E. Consider Acceptance of Grant and Easement Deeds - Tierra Rejada Rd. east of Spring. Staff Recommendation: Authorize City Clerk to sign Certificate of Acceptance and record grant deeds. E.I. Conejo Freeway Properties, Limited (Carlsberg) E.2. Watt Consolidated Partnership G. Consider appropriation of surplus grant funds to Villa Campesina Corp. Economic Development Corporation. Staff Recommendation: Approve Grant Budget Amendment. I. Consider authorizing budget amendment for the Community Center addition (1149) by appropriating funds not expended in fiscal year 1988/89 to fiscal_year 1989/90. Staff Recommendation: Approve the budget amendment as presented. J. Consider authorizing budget amendment for Administrative Services (1117) appropriating fun__d_s for special departmental supplies community_ promotion and conferences. Staff Recommendation: Approve the budget amendment as presented. K. Consider approval of overniqht travel per M.O.P. 1 for the City Treasurer to attend California Municipal Treasurer's Association weekend workshop on_ F_e_bruary 16 through 18� 1990 at Cal Poly Pomona campus. Staff Recommendation: Approve overnight travel for stated purpose. Minutes of the City Council Moorpark, California Page 5 October 4, 1989 L ,M. Consider approval of Resolution No. 89 -617 for extension of Franchise Agreement with Ventura County Cablevision to November 16, 1989. Staff Recommendation: Approve Resolution No. 89 -617 - franchise extension for Ventura County Cablevision. the City of Moorpark and Mastercard through the banK of A. Levy. Staff Recommendation: Approve credit card account agreement under restrictions outlined in the attached procedure and approve Resolution No. 89 -618. N. Consider Resolution No. 89 -619 to rescind Resolution No. 83 -59, establishing guidelines for screening of General Plan Amendments, which was superseded by Resolution No, 85 -209. Staff Recommendation: Approve Resolution No. 89 -619 to rescind Resolution No. 83 -59. The following items were pulled for individual consideration: 8. F. Consider Minor Modification No. 1 Residential Planned Development No. 1057 (Tract 3049 ) _ - A&R Development: a report regarding the placement of.- _solar heating panels on the recreation building roof. _ Staff Recommendation: Receive and file the report. Councilmember Perez said he wanted to comment that the City had procedures and standards in place for a purpose and those procedures were in everyone's best interests to follow. MOTION: Councilmember Perez moved and Councilmember Harper seconded a motion to receive and file the report. The motion carried by unanimous voice vote. 8. H. Consider 1989 Moorpark Count Days Report. Staff Recommendation: Receive and file the report. In response to Councilmember Harper, Mr. Kueny suggested postponing a decision on not charging the Chamber of Commerce for the overrun amount of $1478.19 for law enforcement activities at the evening portion of the Country Days event until a report was received from the Chamber. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to postpone any action until receipt and Council consideration of a report from the Chamber of Commerce on its revenues and expenses for the event. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 6 October 4, 1989 9. PUBLIC HEARINGS: A. Draft Housing Element (March 1989) of the General Plan. - A draft of the revised Housing _E_l ement of the City's General Plan as periodic updating required by State law. Staff Recommendation: Direct Staff as deemed appropriate. (Item 9.C. con't from 9/6/89.) MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to continue the item until the October 18, 1989 City Council meeting. The motion carried by unanimous voice vote. 10. COMMENTS FROM COUNCILMEMBERS: A. Appointment to Parks and Recreation Commission. Recommendation: Consider appointment to Parks and Recreation Commission. Councilmember Montgomery deferred making a nomination until the October 18, 1989 City Council meeting. 11. DISCUSSION /ACTION ITEMS: A. Consider Signage for City Hall and Community Center. Staff Recommendation: Direct staff as deemed appropriate. Mr. Newhouse said that the staff recommended monument signs at two locations -- north of the driveway at the entrance to the City buildings and in front of City Hall to the right of the steps, and building identification signs for the Senior Citizens Center and the Community Center. The Council discussed the various drawings for the proposed signs and Councilmember Harper stated that he would like to see the color of the concrete harmonize with the City complex buildings. The following motion was heard. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to approve the entry monument sign and sign for City Hall to be of concrete with recessed lettering and the City Logo, the concrete color to harmonize with the buildings and the sign to be treated with a sealant to protect against graffiti; the address to be left off the entry sign; the entry sign to say Moorpark Civic Center; the smaller sign for City Hall to say City of Moorpark with address; staff to determine location of the signs; staff was authorized to solicit bids and the City Manager was authorized to negotiate and purchase all signs as selected, in an amount not to exceed $7,000. The voice vote was unanimous. Minutes of the City Council Moorpark, California Page 7 October 4, 1989 B. Consider Project Concept changes for Tract 3319 -1. Staff Recommendation: Direct staff as deemed appropriate. Mr. Knipe indicated that the new developer of the tract had been working with the City to formulate some fundamental changes to the project. He said the project changes would result in the developer providing an initial link for the east /west collector street, a 40 -foot paveout, curb and gutter on both sides with a sidewalk on the south side only; grading out of the ultimate right -of -way of 68 feet; an irrevocable offer of the right -of -way for the collector street with a deposit to insure maintenance of the street until accepted by the City; additional right -of -way at Grimes Canyon Road; and the remainder of tract streets to become private roads. Mr. Knipe indicated that a Traffic Mitigation fee of $3,000 per lot was to be payable upon close of escrow for each lot with the total remaining balance due one year from recordation of lot line adjustments. He said that these fees could be used for the coordination and development of an assessment mechanism to build a culvert /bridge to be located east of the project or other improvements designated by the Council. Mr. Kueny recommended that the staff recommendation be amended to direct staff to approve conceptual changes to the project and to continue working with the developer to finalize the development plans and to approve the developer's requests as set forth in the staff report. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to approve the staff recommended action as amended by the City Manager; to approve the developers request for a variance on elevation changes in excess of 2 feet, a staged grading permit, staff time for processing to be reimbursed by the developer, a Traffic Mitigation fee of $3,000 per lot payable upon close of escrow or one year after recordation of lot line adjustments, whichever occurs first; and street names for the collector access road to be selected by the Council. The motion carried by unanimous voice vote. Consensus: By consensus the Council determined that the Traffic Mitigation fees could be used for any improvements designated by the Council. Minutes of the City Council Moorpark, California Page 8 October 4, 1989 C. Consider Request from Planning Commission seeking direction from the City Council concerning Draft Hillside Performance Standards. Staff Recommendation: Create a technical committee to make recommendations regarding this matter. Councilmember Harper stated that without protection there would not continue to be open space on the hillsides. He further indicated that he would like to take out the language which exempted specific plans. Councilmember Montgomery said he would like an analysis of the compatibility of the proposed ordinance with the General Plan. Mayor Brown indicated that she was concerned with the valley floor. Mr. Kueny suggested that the Community Development Committee meet with two Planning Commissioners and staff and report back to the Council. MOTION: Mayor Brown moved and Councilmember Montgomery seconded a motion to move the joint meeting with the Planning Commission to October 30, 1989. The voice vote was unanimous. After discussion by the Council of the composition of the group, the following motion was heard: MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to have the Community Development Committee meet with Planning Commissioners Wozniak and Scullin and staff on the Draft Hillside Performance Standards; a report to be compiled for discussion at the October 18, 1989 Council meeting. The voice vote was unanimous. D. Consider Proposed Traffic Studer Scope of Work for N.E. Corner of New Los Angeles Avenue and Spring Road (McDonald's). Staff Recommendation: Direct staff as deemed appropriate. Councilmember Lawrason indicated that he had concerns about the extensiveness of the scope of work. Councilmember Harper said the City would very much like to have a McDonald's in the City but that the site selected was inappropriate because of the existing traffic and the potential impacts of the 118/23 freeway connection. He indicated that other possible sites should be considered. Minutes of the City Council Moorpark, California Page 9 October 4, 1989 Mayor Brown stated her concerns regarding the traffic and impacts of the 118/23 connection and indicated that the traffic analysis was to determine whether there would be an improvement in traffic. She said that improvement should be clearly demonstrated. Councilmember Montgomery said it should only be necessary to analysis the intersection of Spring Road and Los Angeles Avenue and not the others proposed in the scope of work. After further discussion by the Council on what the scope of work would include, the following motion was heard: MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to assign review of the scope of work to the Community Development Committee who would meet with staff and a representative of McDonald's Corp. and report back to the Council. The motion failed on a voice vote of 2 - 3, Councilmembers Harper, Perez and Mayor Brown dissenting. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to strike No. 8 (provide an analysis of the effects of the extension of New Los Angeles Avenue to Collins Drive as it would relate to the subject site) and No. 9 (provide an analysis of project impacts on at least two other sites in the City, one of which must be a mid -block site); No. 5 was amended to identify project impacts to the following intersection estimated and existing project level of service for each of the following scenarios: a) existing, b) cumulative, including Carlsberg Specific Plan and all filed projects but not the components of the General Plan update, and C) ultimate cumulative including the cumulative project list and Carlsberg Specific Plan and the components of the General Plan update. The voice vote was unanimous. CONSENSUS: By consensus the Council determined to go with scope of work as amended. E. Consider Minor Modification No. 1 Residential Planned Development No. 1071 (Tract 4341) and 1072 (Tract 4342) and Minor Modification No. 2 to Residential Planned Development No. 1070 (Tract 4340) - Urban West a report regarding modification to f1_oor_ 1p ans, elevations, and common landscaped areas for the West Village. Staff Recommendation: Direct staff as deemed appropriate. Councilmember Lawrason suggested a contribution on the part of Urban West to be used in the first phase of the Arroyo Vista Community Park of $100,000. Tom Zanic, of Urban West, in response to Councilmember Lawrason said that in consideration of their request they would agree to the park contribution. Minutes of the City Council Moorpark, California Page 10 October 4, 1989 Councilmember Harper indicated that proper closure of Williams Ranch Road was also needed. Mr. Zanic said that he would be willing to work with the staff to make the closure but didn't want to commit to a dollar amount. MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to grant approval of the Urban West request for a minor modification; a voluntary contribution of $100,000 to be made by Urban West to the Arroyo Vista Community Park. The voice vote was unanimous. F Consider Poten SR118 ( Los Ang Recommendation tial Placement of Flashinq__Yellow Beacon on eles Avenue) in Virginia Colony area. Staff Direct staff as deemed appropriate. CONSENSUS: By Consensus the Council determined that Mayor Brown should discuss the subject with Mr. Baxter at the scheduled October 6, 1989 meeting of the Ventura County Transportation Committee. G. Consider Resolution of Intention concerning formation of JPA for buffer area in Tract 4.341 adjacent to Home Acres. Staff Recommendation: Direct staff to proceed with cost estimates at a cost not to exceed $500. Mr. Kueny reported that the benefits to the City of maintaining this area as open space warranted the expenditure of additional staff time and a modest amount of funds. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to direct staff to proceed with the establishment of determining costs for the Assessment District at a cost not to exceed $500. The roll call vote was unanimous. H. Consider Alternate Surface for Monte Vista Nature Park Parking Lot. Staff Recommendation: Authorize parking lot surface material changed from decomposed granite to asphalt; delete wood path chips from project and transfer funds ($3,000) to parking lot; authorize City Manager to make changes as described and sign Change Order #1. Mr. Newhouse reported that during the construction of the park, the contractor suggested the City consider an alternate surface material for the parking lot, asphaltic concrete rather than decomposed granite. He said the contractor did not feel the decomposed granite would hold in place. MOTION: Councilmember Lawrason moved and Councilmember Montgomery seconded a motion to approve the staff recommended action. The voice vote was unanimous. Minutes of the City Council Moorpark, California Page 11 October 4, 1989 I. Consider TOPA Management request_ f_or Authorization for Occupancy of the Gateway Plaza. The Council requested information on the number of tenants ready to occupy the Gateway Plaza. Susan Weintraub, of TOPA Management, said she had three retail and one office tenant ready to move in. She indicated that in 10 days the restaurant would be ready for occupancy and in another two weeks two other retail tenants would be ready to move in. Mayor Brown indicated that the signalization was important for safety reasons but realized the delay of the poles was a problem. Councilmember Harper indicated that a select number of occupancy permits could be allowed if some kind of compromise could be reached regarding the sidewalk which was not finished to City standards. Councilmember Montgomery said that since performance bonds were being held on the project, he didn't think it was necessary to limit occupancy to a specific number. Ms. Weintraub indicated that TOPA was not willing to negotiate on the sidewalk and would remove it and reconstruct it rather than consider other alternatives. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to allow seven tenants to occupy the Gateway Plaza; any additional requests for occupancy to come before the Council for approval; and for the staff to continue to negotiate with TOPA regarding the sidewalk not finished to City standards, with the staff to make a determination on the sidewalk. AMENDMENT TO THE MOTION: Councilmember Harper moved to and Councilmember Perez seconded a motion to allow up to 8 tenants to occupy the Gateway Plaza. The motion carried by voice vote 4 -1, Councilmember Montgomery dissenting. VOTE ON THE MAIN MOTION: The voice vote on the main motion as amended was 4 -1, Councilmember Montgomery dissenting. 11. J. Consider Request from Ventura County Multicultural ArtsCouncil for support for "Dia de Los Muertos" Councilmember Perez said he felt the City should support the multicultural event in the community. Minutes of the City Council Moorpark, California Page 12 October 4, 1989 MOTION: Councilmember Harper moved and Mayor Brown seconded a motion to appoint 2 members of the Council (Mayor Brown and Councilmember Perez) to work with staff and the organizers of the event; to authorize the expenditure of up to $750.00 from the social services line item of the approved budget if that was the decision of the committee. The voice vote was unanimous. 12. ORDINANCES: None. 13. FUTURE AGENDA ITEMS: The Council discussed the inclusion of the following on upcoming City Council agendas. 1) A discussion of usage for PD1065 (Colin Velazquez). 2) A report on emergency services in the City and an estimate on the cost for paramedics in one or both fire stations. 3) A presentation and discussion on by the Environmental Coalition expanding the Greenbelt in the area of Moorpark. 4) Mayor Brown indicated that as the City's delegate to the Southern California Joint Powers Insurance Authority (SCJPIA) she intends to vote to accept the City of Westlake Village's application for membership, however she would defer her vote if the Council wanted to agendize the matter to the meeting of October 18, 1989. CONSENSUS: By consensus the Council determined to rely upon Mayor Brown as the City's delegate to vote in the Council's behalf concerning SCJPIA membership for the City of Westlake Village. 14. CLOSED SESSION: MOTION: Councilmember Councilmember Harper moved and Councilmember Perez seconded a motion to adjourn into Closed Session at the hour of 11:25 p.m. for a discussion of all items but 14.A. 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 13 October 4, 1989 E. Litigation concerning Moorpark Unified School District vs. City of Moorpark. F. Negotiation for real property at 289 Casey Road (former high school site - Moorpark Unified School District) pursuant to Government Code Section 54945.8. G. Litigation concerning City of Moorpark vs. Southern California Edison. H. Litigation concerning Villa Del Arroyo vs. City of Moorpark. I. Litigation concerning City of Moorpark vs. Fedelety Corporation (Arroyo Vista Park). J. Litigation concerning Ventura County Community College District vs. City of Moorpark. K. Litigation concerning the County of Ventura vs. City of Moorpark The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared by Mayor Brown. The meeting reconvened into Closed Session at the hour of 11:38 p.m. Present in the Closed Session were Councilmembers Clint Harper Paul Lawrason, Scott Montgomery, Bernardo Perez and Mayor Brown; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; John Knipe, Assistant City Engineer; and Brian Pierick, Acting City Attorney. Mr. Knipe left the Closed Session at 11:49 M. The meeting reconvened into open session at the hour of 12:31 a. m. Brian Pierick, Acting City Attorney, announced that the City Council voted to authorize the City Attorney to file a petition pursuant to Government Code Section 54960.1 against Moorpark Unified School District relative to their filing of an action challenging the City of Moorpark Redevelopment Plan. He also stated items 14.G and 14.K. were not discussed. 15. ADJOURNMENT: MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adjourn the meeting. The voice vote was unanimous. Minutes of the City Council Moorpark, California Page 14 October 4, 1989 The meeting adjourned at the hour of 12:33 a.m. Co :ewe Eloise Brown, Wa or � ATTEST: