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HomeMy WebLinkAboutMIN 1989 1206 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California December 6, 1989 The Regular Meeting of the City Council of the City of Moorpark, California was held on December 6, 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 7:32 p.m. by Mayor Lawrason. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Perez. 3. ROLL CALL: Present: Councilmembers Brown, Harper, Montgomery, Perez and Mayor Lawrason. Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Pat Richards, Director of Community Development; Lt. Rodriguez, Sheriff's Department; Ken Gilbert, Public Works Director; John Knipe, Assistant City Engineer; and Lillian Kellerman, City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Special Presentation to Sam Nainoa for his service as Parks and Recreation Commissioner to the City of Moorpark. Mayor Lawrason presented a plaque, accepted by Councilmember Perez on behalf of Sam Nainoa, for Mr. Nainoa's service on the Parks and Recreation Commission. B. Presentation by Ginger Gherardi of the Ventura County Transportation Commission on County's Proposed 112 Cent Sales Tax Increase. Ginger Gherardi made a presentation to the Council on the draft ordinance regarding the proposed 112 cent sales tar. increase. She said the proposed measure would generate an estimated $500 million more in revenues for transporation needs over a 20 year period. Public workshops will be scheduled in early 1990. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONSENSUS: By consensus the Council determined to hear item 10.B after the Consent Calendar and item 11.M after 11.A. 6. PUBLIC COMMENTS: A. Nancy DeLegge, 51 Majestic Ct., #1006, advised caution on changing the curfew laws, saying that the responsibility rests with the parents to supervise their teens. Minutes of the City Council Moorpark, California Page 2 December 6, 1989 B. Barbara Gaines, 13208 Quail Summit, spoke concerning Peach Hill Park. She requested that the proposed park pavilion not be built at the park. She also spoke to item 11.A. saying that the Peach Hill Homeowners Association should not have to plant trees on public property. C. Glenn Hartman, 1028 Deseo Ave., Camarillo, asked if he might address the Council during 11.M. By consensus the Council determined to allow Mr. Hartman to speak during the discussion of item 11.M. D. Jerry Roche, 2355 Otono Ave., Thousand Oaks, said he was very concerned that the trees in the Peach Hill tract needed to be removed in time to meet the deadline placed on the Homeowners Association by the insurance company so that the premium would not increase. 7. COMMITTEE REPORTS: Councilmember Harper reported on activities planned by the Arts Committee. He also reported that the Affordable Housing Committee had met with Westland Company. Councilmember Brown reported on the Arts Committee Poster Contest saying she would like to have the winners recognized at a City Council meeting. 8. CONSENT CALENDAR: MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to pull items 8.C., 8.D., 8.F., 8.G.5 8.J. from the Consent Calendar and approve all other Consent items as submitted. Motion carried by unanimous roll call vote. A. Consider approval of the of the _Special City Council Meeting of October 18, 1989. Consider approval of the minutes of the R_egular._ City Council Meetingof November 1, 1989. Staff Recommendation: Approve the minutes as processed. B.1. Consider approval of Warrant_ Register 1988/89: -Payable Warrants Nos. 9166 $ 235.80 Minutes of the City Council Moorpark, California Page 3 December 6, 1989 B.2. Consider approval of Warrant Register-1989 /90; - Prepaid Warrants Nos. 10637 10642 10701 10707 $ 7,690.12 -Payable Warrants Nos. 10726 10813 $688,555.88 E. Consider AB3180 Environmental Mitigation_ Re ort regarding changes in the California Environmental Quali,tyhqtL, Staff Recommendation: Receive and file the report. H. Consider Creation of Federal Aid to Urban System Fund FAU . Staff Recommendation: Authorize establishment of FAU Fund. I. Consider Establishing Video Tape Retention Policy. Staff Recommendation: Approve policy as presented by staff. K. Authorize Mayor to Send Letter to Probation Officer — - - - -- -- - - Encouraging that Juvenile_ Alleged of Crime be Treated as -an Adult. Staff Recommendation: Authorize letter. L. Consider Resolutions No. 89 -623 and _ No. 89- 624recitinq the fact of the S ecial Municipal Election _held _on_November 7, 1989 and declarin the results and such other matters as required by law. Staff Recommendation Approve the proposed resolutions. The following items were pulled from the Consent Calendar for individual consideration: C. Consider adoption of 88 foot right -of -way along Los._Ane_eles Avenue from Riddle pro neerty_to___Condor Drive south. Staff Recommendation: Adopt 88 -foot right -of -way. In response to Councilmember Perez, Mr. Knipe indicated that he didn't have the cost of an alignment study for the entire section between the Riddle property and Condor Drive South but would report back to the Council with the information. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve the staff recommended action. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 4 December 6, 1989 D. Consider Report on Midyear Crime Statistics 1989 -90_ Staff Recommendation: Receive and file the report. Mayor Lawrason indicated his gratification that the per capita crime rate had gone down in the City. MOTION: Mayor Lawrason moved and Councilmember Brown seconded a motion to approve the staff recommended action. The motion carried by unanimous voice vote. F. Consider TOPA Lighting - a re.port.back_ on the lighting_ at the new commercial development_-at Los Angeles Avenue and Spring Road. Staff Recommendation: Receive and file the report. Councilmember Brown requested that the "sky lighting" effect produced by the glow around the lights was part of the complaint being made about the lighting and requested that light globe alternatives be investigated as part of the solution. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to approve the staff recommended action amended to include Councilmember Brown's request. The motion carried by unanimous voice vote. G. Consider Joint Powers Agreement - Home Acres - a report back regarding final actions on the establishment of a Joint Powers Agreement Between the City and Ventura County. Staff Recommendation: Receive and file the report. In response to Councilmember Brown, Mr. Kueny stated that it was the goal of the City to have the district in place by the end of the fiscal year. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to approve the staff recommended action to direct the Mayor to sign the Joint Powers Agreement and staff to send a letter to Urban West Communities informing them that pursuant to Condition No. 17A of Tract 4341 the Joint Powers Agreement had been formed. The motion carried by unanimous voice vote. J. Agreement with Embassy Groff Inc. Extending Use Inauguration for PD1062 and PD 1063. Staff Recommendation: Approve Agreement and authorize Mayor to sign upon signing of agreement by Embassy. The entity change in the Agreement from Embassy Group Inc. to Embassy Plaza No. 16, Ltd. was noted for the record. Minutes of the City Council Moorpark, California Page 5 December 6, 1989 MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to approve the staff recommended action. The motion carried by unanimous voice vote. 10. B. Consider Nomination to the Parks and Recreation Commission. Councilmember Perez nominated John Torres to the Parks and Recreation Commission. MOTION: Councilmember Harper moved and Mayor Lawrason seconded a motion to appoint John Torres to the Parks and Recreation Commission. The motion carried by unanimous voice vote. 9. PUBLIC HEARINGS: A. PD1065 ( Valazguez) - Appeal_ of _Director'_s approved sign program as required by conditio_n_No.__ _ 1_g, of Resolution No. 87 -440. Staff Recommendation: Deny the appeal. Mr. Richards gave the staff report saying that the applicant was appealing two criteria of the Uniform Signage Program for the Auto Service /Sales Center, (1) a maximum height of 14" for the tallest letter and, (2) 75% of leasehold fascia width or a maximum of 30 feet in width whichever is less. He said the applicant was asking for 18" for the tallest letter and 75% of leasehold fascia width or a maximum of 45 feet wide for the fascia sign. In response to the Council, Mr. Richards indicated that the justification for the difference in the signage requirement for this project as opposed to the TOPA project was the increased setback from the road in the TOPA project. Mayor Lawrason opened the public hearing. Colin Velazquez, 1078 Mellow lane, Simi, requested that his project be treated the same as the TOPA project, that 18 inch letters be allowed and that greater latitude in colors for the monument sign be considered. Reid Reineke, 1534 N. Ave. Del Manzano, Camarillo, spoke regarding his concern with the restrictiveness of the City's sign program. Minutes of the City Council Moorpark, California Page 6 December 6, 1989 Richard Brock, 476 W. Los Angeles Ave. #B4, indicated his concern over the limitation of colors allowed on the sign and the length of time for approval of the frontage sign. No other speakers being present, Mayor Lawrason closed the public hearing. In response to Councilmember Montgomery, Mr. Richards indicated that the applicant had not raised the issue of sign color. Councilmember Harper said he found the sign program to be reasonable and that where the Director of Community Development had been able to direct the signage program a better appearance resulted. He said he felt the staff recommendation should be supported although a compromise might be made on the 18 inch height of the letters. MAIN MOTION: Councilmember Brown moved and Councilmember Lawrason seconded a motion to approve the staff recommendation of 75% of leasehold fascia width but amend the height required for the tallest letter size to be 18 inches. AMENDMENT TO THE MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to allow a maximum height of 18" for the tallest letter for sign on the Los Angeles Avenue frontage, 14" in the courtyard; to allow 75% of leasehold fascia width to a maximum of 37.5 feet; and to approve one color (blue) for the lettering on the free- standing sign. The motion carried 3 -2, Councilmembers Brown and Harper dissenting. VOTE ON THE MAIN MOTION: The vote on the main motion was 3 -2 Councilmembers Harper and Perez dissenting. CONSENSUS: By consensus the Council determined to hear item 10.A. after the discussion /action items. 11. DISCUSSION /ACTION ITEMS: A. Consider Request from Peach Hill Homeowners Association to remove Eucalyptus Trees. Staff Recommendation: Direct staff as deemed appropriate. The Council discussed the trees to be removed, the danger posed by some of the trees as indicated by the Peach Hill Homeowners' insurance company. The Council also indicated their desire for caution so that no unnecessary removal of trees would occur and that some replanting of trees would take place. After further discussion, the following motion was heard. Minutes of the City Council Moorpark, California Page 7 December 6, 1989 MOTION: Councilmember Brown moved and Councilmember Lawrason seconded a motion to approve the cutting of the trees marked, the tree removal contractor to evaluate if the trimming of any of those trees slated for removal on the west side of the entry at Rolling Knoll Road and Peach Hill Road would be sufficient; the City to be named as an additional insured on the contractor and Peach Hill Homeowners Association insurance policies; the Peach Hill Homeowners Association to sign an Indemnification /Hold Harmless Agreement with the City; five trees to be planted in the parkways on both sides of Rolling Knoll Road by the Homeowners Association, the City to plant trees in the median; the size trees to be 15 gallon and to be obtained from Treeland at the City's cost. The motion carried by unanimous voice vote. M. Request by Westland Company _to Allow Processing of Application for the Moorpark_ Ranch and Milling _Property Outside of General Plan Update Process. Staff Recommendation: Deny request. Councilmember Brown indicated that she believed more information was required before the Council could make a decision. Councilmember Harper indicated that the Affordable Housing Committee differed with the staff recommended action to deny the request by Westland Company to be removed from the General Plan Update process and be considered separately, as the affordable housing consideration made the project worth pursuing. He said the Committee had submitted their report to the Council and beyond that would need direction from the Council as how to proceed. Mayor Lawrason said he supported continuing the item and requesting more information before making a decision. MOTION: Councilmember Brown moved and Mayor Lawrason seconded a motion to continue the item to the meeting of December 20, 1989. The voice vote was unanimous. B. Consider Grading and Improvement of South Meadows Park. Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny said the developer had some concerns with Alternative C. and had requested a continuance to allow further discussion with staff. CONSENSUS: By consensus the Council determined to continue this item to a future City Council meeting. Minutes of the City Council Moorpark, California Page 8 December 6, 1989 C. Consider Locations for picnic pavilions at all City Parks. Staff Recommendation: Direct staff as deemed appropriate. CONSENSUS: By consensus the Council determined to continue this item until the Director of Community Services could be present. D. Consider additional grading quantities for West Village - PC -3 (Urban West Communities)._ Staff Recommendation: Approve the recommended grading plan. Mr. Kueny indicated that the developer had requested a continuance to allow for further discussion with the staff. CONSENSUS: By consensus the Council determined to continue the item to the December 20th meeting. E. Consider Proposed Master Plan of Development for Griffin Park. Staff Recommendation-. Approve Master Plan as recommended by the Parks and Recreation Commission. CONSENSUS: By consensus the Council determined to continue the item as requested by the developer. F. Consider Report on Curfew Enforcement. Staff Recommendation: Direct staff as deemed appropriate. Councilmember Brown indicated that she wanted the police to know they have the support of the Council in enforcing curfew violations. Councilmember Perez said that he would like to see a proactive program where the police worked with the parents and Councilmember Montgomery said he would like some ideas on how such a program would work. Councilmember Harper said that before proceeding with anything more on curfew violations, he wanted to be sure that a real problem existed. CONSENSUS: By consensus the Council determined to support the police in enforcing curfew violations and to encourage them to proceed in a proactive manner, bringing back to the Council information as it became available on proactive programs to help mitigate curfew enforcement problems. Minutes of the City Council Moorpark, California Page 9 December 6, 1989 G. Consider Las Posas Valley Greenbelt Report regarding a proposal to create a Greenbelt__ Agreement in the _Las Posas Valley. Staff Recommendation: Direct staff to continue to participate in future meeting. Mr. Richards said that staff had met with the Camarillo Planning Director and discussed the Ventura County Environmental Coalition's proposal that the City support a Greenbelt Agreement for the Las Posas Valley. He said another meeting with representatives from LAFCO, Ventura County Planning, Supervisor Dougherty's office, and the Camarillo Planning Staff was held and the result was that County Planning would prepare a large scale discussion map for use at future meetings. The map would be adjusted to meet the intent of both the Camarillo and Moorpark staffs not to have the greenbelt immediately adjacent to city boundaries. He said that his recommendation was that the Council authorize the staff to continue to meet with the City of Camarillo, County Planning Staff and LAFCO regarding any further Las Posas Greenbelt Agreement and to report back to Council the status of any progress in the future. MOTION: Councilmember Brown moved and Councilmember Lawrason seconded a motion to approve the staff recommended action. H. Consider Awarding Bid for Personal Computers and Associated Equipment. Staff Recommendation: Award bid and approve purchase of equipment. Mr. Hare gave the staff report and went over the equipment and software purchase plan. He also reviewed the recommendation of the City Council Ad Hoc Committee that both Apple based and IBM based systems be incorporated into the City's plan in the most cost effective and technologically advantagous way. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to approve the staff recommendation to award the purchase of Apple equipment through the Apple State and Local Government Purchasing Program utilizing Personal Electronics as installing dealer; a total number of three personal computer stations to be equipped for a hardware purchase price not to exceed $26,000; this is to include CPU's, a scanner, a printer, cabling, monitors and associated hardware. The purchase of twelve personal computers to be authorized directly from IBM with associated Equipment and hook -up cabling; the total purchase not to exceed $34,017 plus anticipated hook -up costs of $3,400. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 10 December 6, 1989 I. Consider Unreinforced Masonry Buildings - Senate Bill 547 requires mitigation of hazards associated with such buildings in areas subject. to earthquakes. Staff Recommendation: Direct staff to draft an ordinance based upon the State Seismic Safety Commission model ordinance. Mr. Richards went over the model ordinance which requires structural upgrades for unreinforced masonry buildings as required by Senate Bill 547. Mr. Richards indicated that his recommendation was that the staff be directed to draft an ordinance based upon the State Seismic Safety Commission model requiring structural upgrade of unreinforced masonry buildings. Councilmember Harper indicated his strong support but said he didn't like the exclusion allowed for buildings used only a limited number of hours. Councilmember Montgomery said that a separate and concurrent effort should be made to determine areas of the City subject to liquifaction and identification of any mitigation efforts that could be taken. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to approve the staff recommendation. The motion carried by unanimous voice vote. J. Consider Report on Adoption of 0 imposed a moritorium on t' in the R -1 and R -E Acknowledge that this sta Council's written report alleviate the condition Ordinance No. 117. inance No. 1_17 which ie development of vacant propoerty zones. Staff Recommendation: 'f report shall serve as the City describing the measures taken to which led to the adoption of Mr. Richards gave the staff report indicating what measures were being taken to alleviate the condition which led to the adoption of Ordinance No. 117 and that a request for an additional 120 days extension of the moratorium would be requested at the December 20, 1989 City Council meeting. He said that staff's schedule was to complete the report on the rezoning proposal by January 29, 1990 and to schedule the matter before the Planning Commission on February 5, 1990 and before the City Council on February 21, 1990. In response to Council discussion, Ms. Kane indicated that the report complied with the requirements of the law. Minutes of the City Council Moorpark, California Page 11 December 6, 1989 MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to acknowledge the staff report as serving as the City Council's written report describing the measures taken to alleviate the condition which led to the adoption of Ordinance No. 117. The voice vote was unanimous. K. Consider Number of Flow Meters for Arroyo Simi Monitoring. Staff Recommendation: Authorize three high flow meters and one monitoring device. Mr. Gilbert went over the design alternatives as summarized in the staff report and indicated the staff recommendation to be Alternate C. CONSENSUS: By consensus the Council determined that an Ad Hoc Committee would be formed by Councilmembers Brown and Harper to review the proposed devices and where to place them. L. Consider Spring Road - High Street Intersection Corner Widening. Staff Recommendation: Direct staff as deemed appropriate. Mr. Knipe made the staff presentation reporting on the delays in acquiring the necessary right -of -way to go forward with the project. Councilmember Perez suggested that another letter be sent to CalTrans on the matter. The Council discussed the possibility of using the eminent domain powers of the City to acquire the right -of -way. An analysis of the legal options was requested of the City Attorney. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to have the City Attorney look at the City's legal options with regard to using eminent domain to acquire the necessary right -of -way and directed the Transportation Committee to contact Jerry Baxter at CalTrans and report back to the Council. The motion carried by unanimous voice vote. 10. COMMENTS FROM COUNCILMEMBERS: A. Consider the appointment of Councilmembers to various committees /commissions. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to replace Councilmember Brown with Mayor Lawrason on the Budget and Finance Committee and Councilmember Lawrason with Councilmember Brown on the Community Development Committee. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 12 December 6, 1989 Mr. Kueny said he would update the Council Committee Assignment list, removing those committees no longer functioning and bring back the listing to the Council for their approval at the next regular meeting. 12. ORDINANCES: None were presented. 13. FUTURE AGENDA ITEMS: Councilmember Brown asked that the staff review improving Moorpark Avenue south of Los Angeles Avenue. Councilmember Brown asked that a letter be prepared, for discussion at the next regular meeting, to CalTrans regarding banning parking on the north side of Highway 118 adjacent to the Christmas Tree farm. 14. CLOSED SESSION: MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to adjourn the meeting to closed Session at the hour of 11:30 p.m. for a discussion of items 14.A., 14.B.9 14.C., 14.D., 14.H., and 14.M. 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. 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. Minutes of the City Council Moorpark, California Page 13 December 6, 1989 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. L. Litigation concerning Rosenkrantz vs. City of Moorpark. M. Negotiation for real property on the north side of Tierra Rejada Road, East of Spring (Pacifica) pursuant to Government Code Section 54945.8. The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared by Mayor Lawrason. The meeting reconvened into Closed Session at the hour of 11:40 p.m. Present in Closed Session were Councilmembers Eloise Brown , Clint Harper, Scott Montgomery, Bernardo Perez, and Mayor Lawrason; Steven Kueny, City Manager; Cheryl Kane, City Attorney; Richard Hare, Deputy City Manager; and Pat Richards, Director of Community Development. Mr. Richards left the Closed Session at 12:35 a.m. The meeting reconvened into open session at 1:19 a.m. Mr. Kueny stated that there was no action to report out of Closed Session and that items 14.A., 14.B., 14.C., 14.D., 14.H., and 14.M. had been discussed. 15. ADJOURNMENT: Councilmember Harper moved and Councilmember Montgomery seconded a motion to adjourn the meeting to 6:30 p.m. on December 7, 1989. The voice vote was unanimous. The time was 1:20 a.m. ,1 1 Paul W. Laws on Jr., Mayor ATTEST: