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HomeMy WebLinkAboutMIN 1989 1115 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California November 15, 1989 The Regular Meeting of the City Council of the City of Moorpark, California was held on November 15, 1989, in the Council Chambers of City Hall located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Brown called the meeting to order at 7:15 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Lawrason led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Montgomery, Lawrason, Perez and Mayor Brown. Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Virginia Pesola, Assistant City Attorney; Pat Richards, Director of Community Development; Phil Newhouse, Director of Community Service; Lt. Richard Rodriguez, Sheriff's Department; Susan Cauldwell, Administrative Assistant; Don Reynolds, Management Analyst; John Knipe, Assistant City Engineer; Ken Gilbert, Public Works Director; and Lillian Kellerman, City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: None. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 6. PUBLIC COMMENTS: A. Elizabeth Ibarra, 1212 Arboles, Thousand Oaks, said she owned a small manufacturing business and had purchased property on Gabbert Road where she intended to build. She asked the Council for help to get her project moving as her permit had expired. B. John E. Wozniak, 735 Charles, said he hoped the Council Reorganization would make Councilmember Perez the new Mayor. He said he found Councilmember Perez's attitude and expertise to be excellent. C. Karen Flock, 11011 Azahar St., Saticoy, Cabrillo Economic Development Corp., discussed the Villa Campesina project saying that it was the requirement of the Farmers Home Adminstration that the subdivision improvements be accepted by the City before occupancy could be allowed. Minutes of the City Council Moorpark, California Page 2 November 15, 1989 D. Bob Crockford, 7189 Walnut Cyn. Rd., said he supported Councilmember Perez for Mayor. E. Barbara Gaines, 13208 Quail Summit, indicated her concern regarding any additional amenities for Peach Hill Park. F. Barbara Shultz, 116 Sierra Ave., said she did not support the selection of Councilmember Perez as the new Mayor as she wasn't happy with his involvement with the downtown area. G. James J. Owens, 4647 Adonis Place, said that the lights from the Gateway Plaza were too bright and disturbing to the neighbors. H. Adrian Cavestany, 4411 Stoneyglen Ct., said he believed Councilmember Perez should be selected as the new Mayor. 7. COMMITTEE REPORTS: Councilmember Lawrason reported that he and Councilmember Montgomery had looked at the trees scheduled for removal in the common space area of Peach Hill Tract (TR 2194). He said there was some danger to the adjacent properties by some of the trees and that generally they had concurred that the trees marked needed to be removed. Councilmember Montgomery said he would summarize the County Waste Committee meeting that he attended and would give the Council a written report. 8. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to remove items 8.A., 8.E., 8.F., 8.G., and 8.I. from the Consent Calendar for discussion. The following items were approved by an unanimous roll call vote: B. Consider approval of Warrant Register 1989490_:._ - Prepaid Warrants Nos. 10553 - 10554, 10560 - 10573 10633 - 10636 $55,486.50 - Payable Warrants Nos. 10644 - 10700 $54,819.89 C. Consider status of CalTrans Wetlands_ Project. Staff Recommendation: Receive and file the report. Minutes of the City Council Moorpark, California Page 3 November 15, 1989 D. Consider Map Recordation for Tract 4278 (Guny). Staff Recommendation: Authorize Mayor to sign and City Clerk to record the map. H. Consider and Review Progress of the Moorpark Waster Council. Staff Recommendation: Receive and file the report. J. Consider Establishinq a "No Stopping Anytime" zone on both sides of Spring Road from Los Angeles Avenue to Tierra Rejada Road and rescinding —Resolution No. 89 -573 and Section 2.B. of Resolution No_._ 87 -434. Staff Recommendation: Approve Resolution No. 89- fi,-' -, approving the parking prohibition on Spring Road from Los Angeles Avenue to Tierra Rejada Road and rescinding Res. No. 89 -573 and Section 2.B. of Resolution No. 87 -434. The following items were pulled for individual consideration by the council: A. Consider approval of the minutes of the Adjourned Cif Council Meeting of October_14L 1987. Consider approval of the minutes _of - th_e Adjourned City Council Meeting of October .19, 1987. Consider approval of the _minutes of the Regular City Council Meeting of October 21, 1987. Consider approval of the minutes of the Adjourned City Council Meeting of October 28, 1987. Consider approval of the minutes of_ the Adjourned City Council Meeting of October 30, 1987.._ Consider approval of the minutes of the_ Adjourned City Council Meeting of October_25, 1989. Consider approval of the minutes_ of the _Regular Cif Council Meeting of October 18, 1989. Staff Recommendation: Approve the minutes as processed. Councilmember Lawrason asked that the first sentence, third paragraph under 10.A. on page 9 of the October 18, 1989 minutes be changed to read, "Councilmember Lawrason stated that he was pleased that the Disaster Committee was moving forward with its work." He also requested that the word "interest" in the first sentence, first paragraph on page 12 be changed to "sphere of influence." Minutes of the City Council Moorpark, California Page 4 November 15, 1989 MOTION: Councilmember Lawrason moved and Councilmember Montgomery seconded a motion to approve the minutes as amended. The motion carried by unanimous voice vote. E. Consider Bond Reduction for Tract 4147 ..(Villa Campesi na)_- Areguest for project acceptance and bond exoneration. Staff Recommendation: Authorizp the bond reduction. Councilmember Harper said he could support the exoneration of the bonds and the acceptance of the improvements if a letter could be provided that any landscaping or hardscape damaged before the last occupancy occurred would be repaired. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to authorize the exoneration of the monument bond and reduce the grading, performance and payment bonds, and accept the subdivision improvements upon receipt of a letter satisfactory to the City Attorney stating that any damage to landscaping, or streets will be rE� paired before last occupancy is allowed. The motion carried by roll call vote 4 -0, Councilmember Perez abstaining. F. Consider Report to the Council reqardinq "Use I.nauqurate" as it relates to the__ _development _process -. Staff Recommendation: Receive and file the report. Mayor Brown said she would like further information provided for review before a Council discussion i;ook place. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to re- agc�ndize this item as a discussion /action item after additional information was included by the staff. The motion carried by unanimous voice vote. G. Consider Resort regarding- a fee for_permittinq_ Temporary Uses. Staff Recommendation: Receive and file the report. Councilmember Lawrason indicated he felt a fee based on two hours of staff time was excessive. MOTION: Councilmember Lawrason moved and Councilmember Montgomery seconded a motion to charge a temporary use fee equivalent to one hour of staff time to applicants for boutique or craft sales use permit. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 5 November 15, 1989 I. Consider Construction of Picnic Pavilion at Peach Hill Park. Staff Recommendation: Concur with proposed location and award bid to Arriaga Concrete. The Council discussed the selection of Peach Hill Park as a site for a picnic pavilion and indicated that they would like to see all City parks evaluated as to the appropriateness of additional amenities before a discision was finalized. MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to table item 8.I. and directed staff to agendize a discussion /action item reviewing all other park sites in the City and analyzing placement of additional amenities; discussion to include the option of loaning money to parks in other zones. Motion carried by unanimous voice vote. 9. PUBLIC HEARINGS: A. Public Hearing Notice Requirements - A proposed draft ordinance changing the current 300 ft. notice requirement to 1000 ft. with an exception for one single family residence seeking a zone variance. Staff Recommendation: Continue this item to December 6, 1989. (Continued from November 1, 1989, Item 9A.) Mayor Brown opened the public hearing. Lloyd Laycook, 2800 28th Street, Santa Monica, Carlsberg Financial, spoke against changing the public hearing notice requirement to 1,000 feet from the current 300 feet. He said this would be burdensome for a developer. Barbara Shultz, 116 Sierra Ave., .spoke in favor of the public hearing notice requirement change but said that she felt notice should be expanded to more than 1,000 feet. MOTION: Councilmember Harper moved to remove the item from the City Council Calendar and re- agendize and re- advertise after revisions were made to the proposed ordinance. The motion carried by unanimous voice vote. 10. COMMENTS FROM COUNCIL14EMBERS: A. Reorganization of the Council: 1. Nomination and Selection of Mayor Minutes of the City Council Moorpark, California Page 6 November 15, 1989 The Council discussed a proposal by Councilmember Montgomery that the position of Mayor be rotated every four months during the nE -xt year to allow each of the three Councilmembers who had not served as Mayor the opportunity to do so. In response to Councilmember Montgomery, Councilmember Perez indicated he would not accept the position of Mayor conditional on a reorganization of the Council every four months. Councilmember Harper nominated Councilmember Perez. The vote was 2 - 3 against, Councilmembers Lawrason, Montgomery and Mayor Brown dissenting. AT THIS POINT IN THE MEETING a recess was declared. The Council reconvened at 8:55 p.m. Councilmember Montgomery nominated Councilmember Lawrason asking for his agreement to agendize reorganization at the second City Council meeting in March and the second City Council meeting in July so that all the remaining Councilmembers would have a chance to serve as Mayor. The vote was 3 - 2 in favor, Councilmembers Harper and Perez dissenting. 2. Nomination and Selection of Mayor Pro Tem Councilmember Perez nominated Councilmember Harper who declined. Councilmember Harper nominated Councilmember Perez who declined. Mayor Brown nominated Councilmember Montgomery. The vote was 3 - 2 in favor, Councilmembers Harper and Montgomery dissenting. AT THIS POINT IN THE MEETING a recess was declared. The Council reconvened at 9:15 p.m. Councilmember Brown reported that she had meet with some of the parents in the community and they would support vigorous enforcement of the 10:00 p.m. curfew for minors. Councilmember Brown said that she very much appreciated the honor of having been the Mayor and thanked everyone for their support while she held the position. Councilmemeber Perez said that he would like to thank all the citizens who had spoken on his behalf. Mayor Lawrason indicated his appreciation for the year of hard work Eloise Brown had put in on behalf of the City. He said her efforts as Mayor were very much appreciated by everyone. Minutes of the City Council Moorpark, California Page 7 November 15, 1989 11. DISCUSSION /ACTION ITEMS: A. Consider Report to the Council._ r_e_.agrdi_nq Temporary Signs within the public right -of -way. Staff Recommendation: Direct staff as deemed appropriate. Mr. Richards gave the staff report saying that letters were sent in February to all local Real Estate and Board of Realty Offices. He said the letters addressed the City's concern with the increasing number of Open House and For Sale /Lease signs being placed on public right -of -way. Mr. Richards indicated that the Public Works Committee had met and recommended that another letter of notice to all Board of Realtors and Real Estate offices that service Moorpark from the surrounding cities be sent and that the Code Enforcement Officer abate all signs after a specific date. In addition, he said the City Attorney was in the process of researching the City's present Ordinance to ensure that all legal matters were covered before abating the signs. After discussion by the Council the following motion was heard: MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to approve the staff recommendation to continue to abate all signs placed in the public right -of -way that presented a potential public safety hazard, pending a determination by the City Attorney on applicability of existing ordinances; that the staff be directed to abate all signs after notice from the City Attorney that the signs can be legally abated under current ordinance provisions, or to proceed with the necessary ordinance revisions to allow abatement; staff to look at alternative mechanisms of enforcement. The motion carried by unanimous voice vote. B. Consider Business Registration Refund Policy for the Initial Year of the Business Registration Program. Staff Recommendation: Allow staff to administer refunds for the initial year of the program. Mr. Reynolds said that it was the staff's recommendation that a refund of the $30.00 Business Registration fee be given to business owners who ceased to operate within 60 days of paying the fee during the first year of the program. The Council indicated that the Business Registration fee was an expense of doing business and that a refund was not appropriate. Minutes of the City Council Moorpark, California Page 8 November 15, 1989 MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to eliminate any refund from the Business Registration process. The motion carried by unanimous voice vote. C. Consider Restricting Parking for Tract 3963 - 2 (Griffin). Staff Recommendation: Approve restricted parking. Lt. Rodriquez said that residents and representatives from Griffin Homes had contacted the Police Department to help resolve the problem of student parking on streets within Tract 3963 -2. He said that sufficient parking facilities existed on campus to accommodate student parking and fee avoidance or proximity to classes were the probable reasons for the off - campus parking. He said his recommendation was to restrict parking on streets within the tract to two (2) hours duration between 8:00 a. m. and 4:00 p.m., exclusive of weekends and holidays. Mr. Kueny indicated that he felt a one (1) hour restriction would be more effective. Lt. Rodriguez said he felt a one hour restriction would create too great a hardship on the homeowners. Mayor Lawrason suggested that the residents affected should be contacted and the matter discussed with them. CONSENSUS: By consensus the Council determined to have the staff bring back this item after further staff discussion and review. Lt. Rodriguez was directed to discuss with the residents the alternative measures that could be used to alleviate the problem; agreement to be reached by staff as to the number of hours to restrict the parking -- one or two. D. Consider Street Sweeping Specifications for City -wide Street Sweeping. Staff Recommendation: Authorize staff to solicit bids. Councilmember Harper indicated that some cities designate their street sweeping personnel as having authority to issue parking citations. He indicated that he would like to see such language added to the contract. Minutes of the City Council Moorpark, California Page 9 November 15, 1989 MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to approve the revised staff recommendation with the provision that as an option street sweeping personnel be involved in enforcement of City parking regulations; and an amendment to the language of the specifications be made that the annual cost of living increases are to be considered annually based on contract award date; a cap of 4/5 percent of the CPI up to 7 percent per year to be looked at 3 - 4 months before the annual review date. The motion carried by unanimous voice vote. E. Consider Recommended Gann Fund Appropriations. Staff Recommendation: Approve Budget and FinanceCommittee recommendation to appropriate $525,000 of Gann Funds. Councilmember Brown went over the recommended Gann fund appropriations as outlined in the report by the Budget and Finance Committee. The Council discussed the various appropriations. It was suggested that a test area be chosen and light shields installed to see if a more effective use of lights could be made. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to approve the appropriation of an additional $525,000 of Gann Funds as recommended by the Budget and Finance Committee in its November 9th report including the designation of a $184,000 loan to the Spring Road /Tierra Rejada Road AOC Fund and $1,500 to the Arts Council; and to direct the Budget and Finance Committee to meet with representatives of the Chamber of Commerce to complete an agreement or MOU for expenditure of the recommended $12,000. The motion carried by unanimous roll call vote. F. Consider Proposed Funding of _Handicapped Equestrian Learning Program (HELP) _ for 1989/90. Staff Recommendation: Appropriate $1,500 each from Gann Fund, Recreation Fund and Social Services line item account. The Council discussed that it would be appropriate to look at how many other worthy causes could be considered for funding, how to evaluate who should be funded, the City having limited funds to contribute and the responsibility to provide services to all the residents. Minutes of the City Council Moorpark, California Page 10 November 15, 1989 MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to approve the staff recommended action for funding HELP with additional direction that the Budget and Finance Committee develop a methodology for granting funds more competitively. The motion carried by unanimous roll call vote. G. Consider Establishment of an Affordable Housing Fund and Use of Funds from Griffin Homes Allocation Aareement. Staff Recommendation: CreatE! an Affordable Housing Fund and designate use of funds received by the City from Griffin Homes. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to place the entire $251,000 into an Affordable Housing Fund; to establish a Capital Improvement Fund though no money would be initially placed in the fund. The motion carried by unanimous roll call vote. CONSENSUS: By consensus the Council determined to have the Budget and Finance Committee look at potential sources of funding for the Capital Improvement Fund. H. Consider Removal of Eucalyptus Trees in Peach Hill Tract. Staff Recommendation: Direct staff as deemed appropriate. CONSENSUS: By consensus the Council determined to have this item back with a complete staff report on which trees needed trimming and removal and whether a meandering sidewalk should be considered in the Homeowners Association pathway. 12. ORDINANCES: A. Consider second reading and adoption of Ordinance No.116. An Ordinance creating the office of Director of Finance. Assistant City Attorney Virginia Pesola read Ordinance No. 116 in title. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to read Ordinance No. 116 in title only. The voice vote was unanimous. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to declare Ordinance No. 116 read for the second time and adopted as read. The voice vote was unanimous. Minutes of the City Council Moorpark, California Page :ll November 15, 1989 B. Consider introduction and first _reading of Ordinance No.117 An urgency Ordinance imposing a moratorium of 45 days on the creation of parcels in the R -1 and R -E zone of less than one acre. Assistant City Attorney Virginia Pesola read Ordinance No. 117 in its entirety. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to adopt urgency Ordinance No. 117 as read. The motion carried 4 - 1, Councilmember Brown dissenting. 13. FUTURE AGENDA ITEMS: Councilmember Harper requested an item analyzing funding for one or more paramedic units and the merits of a location for them. Councilmember Brown requested a refuse franchise be agendized and that the staff look at what other cities were doing. Councilmember Brown requested the Community Center Rules come back to the Council for consideration at the first meeting in January. 14. CLOSED SESSION: MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to ajourn into Closed Session at the hour of 10:55 p.m. for a discussion of items 14.A., 14.B., 14.C., 14.G., and 14.H. The motion carried by unanimous voice vote. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to add Litigation concerning Rosenkrantz vs. City of Moorpark to the Closed Session items as the need arose after the posting of the agenda. The motion carried by unanimous voice vote. 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 November 15, 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 AT THIS POINT in the meeting a recess was declared by Mayor Lawrason. The Council reconvened into Closed Session at 11:07 p.m. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Virginia Pesola, Assistant City Attorney; and Pat Richards, Director of Community Development. The meeting reconvened into open session at 12:10 a.m. Mr. Kueny stated that there was no action to report and all matters identified for discussion had been discussed in Closed Session. 15. ADJOURNMENT: MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion to adjourn. The time was 12:11 a.m. Paul Lawraso_ ayor ATTEST: