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HomeMy WebLinkAboutMIN 1989 1220 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California December 2.0, 1989 The Regular Meeting of the City Council of the City of Moorpark, California was held on December 20, 1989, in the Council Chambers of City Hall of said City, located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Lawrason called the meeting to order at 7:41 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Montgomery. 3. ROLL CALL: Present: Councilmembers Brown, Harper, Perez, Montgomery, and Mayor Lawrason Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Pat Richards, Director of Community Services; John Knipe, Assistant City Engineer; Susan Cauldwell, Administrative Assistant; Don Reynolds, Management Analyst; Lt. Rodriguez, Sheriff's Department; Ken Gilbert, Public Works Director; Cheryl Kane, City Attorney; and Lillian Kellerman, City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: None. 5. REORDERING OF, AND ADDITIONS TO, THf_ AGENDA: Consensus: By Consensus the Council determined to hear item 12.A. and then 11.A. after the Consent Calendar. 6. PUBLIC COMMENTS: A. Frank Hilton, 15750 Los Angeles Avenue, #23, stated that it was his feeling that rent control had been abandoned by the City with the passage of the new ordinance amending mobile home park rents. B. Rita Paperno, 15750 Los Anageles Ave., #83, said she did not feel the residents of the Villa del Arroyo Mobile Home Park had been well represented by the City. C. Ernest Lemos, 15750 Los Angeles Ave., #203, said the City Council would not get re- elected because of their lack of support for rent control. E. Dennis Kraft, 1212 Avenue de Los Arboles, Thousand Oaks, Vice President of Suncraft, said his planning permit had expired and would cause him time delays he could not afford. He asked the Citv Council to reinstate his original planning permit so that he could begin construction immediately. Minutes of the City council Moorpark, California Page 2 December 20, 1989 F. Angelo Gizis, 15750 Los Angeles Ave. #95, expressed his dissatisfaction with the new ordinance on mobile home rent control. G. Michele M. Jurbala, 2801 Townsgate Road, Westlake Village, requested a continuance of item 11.H., as it referred to DP 358, to the next meeting. H. Robert Moran, 13830 Meeham Way, Steeple Hill Homeowners Association, spoke to item 11.F., the Carlsberg Specific Plan. He said he was supportive of the Carlsberg plan. I. Richard Brock, 476 W. Los Angeles Avenue #134, expressed his opinion that the sign ordinance was not well authored. J. Carla Hill, 15750 Los Angeles Avenue #13, said she protested the rent increase at Villa del Arroyo. K. Colin Velazquez, 1078 Mellow Lane, stated there was no consistency in the sign program. L. Ron Tankersly, 2800 28th St., Santa Monica, said he would be available to answer any questions on the Carlsberg item. M. Allen Camp, One Boardwalk, Thousand Oaks, asked that he be allowed to speak later if needed during the Carlsberg item. By consensus the Council agreed to the request. N. Jeff Olson, 15750 Los Angeles Avenue #40, spoke against the Villa del Arroyo rent increase. He stated that he believed rent control was not unconstitutional. 0. Jack Reynolds, 15750 Los Angeles Avenue #54, stated that he believed rent control hasn't been ruled unconstitutional. Mayor Lawrason indicated that the decision to revise the rent control ordinance was extremely difficult but necessary because of the City's exposure to potential litigation and very high damages. Councilmember Brown said the Council had agonized over the settlement agreement but the alternative to it was de- control and that anyone in the community sitting where the Council is would have made the same decision. Councilmember Harper said that he was on the Council that brought rent control to Moorpark and it was very hard for him to make the decision that had been made but he could not bring himself to risk the general fund of the City on a lawsuit that could not be won. 7. COMMITTEE REPORTS: None. Minutes of the City council Moorpark, California Page 3 8. CONSENT CALENDAR: December 20, 1989 MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion to remove item 8.A. from the Consent Calendar for discussion and approve the balance of the Consent Calendar. The following items were approved by an unanimous roll call vote. B. Consider approval of Warrant Reqister 1989/90_ - Prepaid Warrants Nos. 10642, 10708 - 10722, 10724 - 10725 10814 - 10818 $ 12,681.94 - Payable Warrants Nos. 10826 - 10888 $109,822.28 C. Consider adoption of Resolution Parking on New Los Angeles Avenue east of Sprin Staff Recommendation: Adopt Resolution No. 89 -625. bitinc Road. D. Consider summary of the Office of Traffic Safety_ Staff Recommendation: Receive and file the report. E. Consider summary of Service Agreements signed by the City Manager. Staff Recommendation: Receive and file the report. F. Consider designation of child care program supervising official per State licensing_ requirements. Staff Recommendation: Approve designation of program supervisor per staff report and adopt Resolution No. 89 -626. G. Consider Los Angeles Avenue_ Widening Project (East) Cooperative Agreement. Staff Recommendation: Approve the CalTrans Cooperative Agreement and authorize the Mayor to execute the Agreement on behalf of the City. H. Consider exoneration of_ gradinq__ bond for OP316 (West America). Staff Recommendation: Authorize the City Clerk to exonerate the grading bond for DP -316 immediately. I. Consider Lot Line Adjustment No._ 300 (Church of Jesus+ Christ of Latter -day Saints)._ a proposed property line adjustment between the Church and Moorpark Community College. Staff Recommendation: Receive and file the report. Minutes of the City council Moorpark, California Page 4 December 20, 1989 J. Consider charge for mailing_ copies of City_ Council1 Planning_Commission and _Parks &_ Recreation _Commission Agendas. Staff Recommendation: Charge fee to cover cost to copy and mail agendas. K. Consider Council Committee Assignme_nt_s Listing_ Staff Recommendation: Receive and file. L. Consider Status Report and Planning Report on Moorpark Community Arts Council_. Staff Recommendation: Receive and file. M. Letter Concerning Rent Increase Application from Villa del Arroyo. Staff Recommendation: Receive and file. The following item was pulled for individual consideration by the Council: A. Consider approval of the minutes of the Special Cif Council Meeting of November 15,1989. Consider approval of the minutes of the City_ Council Meeting of November 15, 1989, . Staff Recommendation: Approve the minutes as processed. Councilmember Perez stated that page 4 of the November 15, 1989 Regular City Council Meeting Minutes should be amended to show him abstaining on item 8.E. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to approve the minutes as amended. The voice vote was unanimous. SPECIAL PRESENTATION: Mayor Paul Lawrason presented Brian Bolton of the American Red Cross a check for $20,077.00, the results of the fund - raising efforts in Moorpark following the San Francisco earthquake. 12. ORDINANCES: A. Consider Introduction of Ordinance No. 119. An ordinance amending the Moorpark Municipal Code by revising Chapter 4 of Title 5 relative to mobile home park rents. City Attorney, Cheryl Kane, read Ordinance 119 in title . Minutes of the City council Moorpark, California Page 5 December 20, 1989 MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to read Ordinance No. 119 in title only. The motion carried by unanimous voice vote. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to declare Ordinance No. 119 introduced and read for the first time. The motion carried by unanimous voice vote. 11. A. Request by Westland Company to allow processing of application for the Moorpark __Ranch and Milling Property outside the General Plan Update Process. Staff Recommendation: Deny request. (con't from 12/6 item 11.M.) Councilmember Harper indicated that he felt the potential for generating affordable housing is a consideration that outweighs the staff's concern regarding the possible erosion of the general plan process and the potential effect on staff resources. Allen Camp, representing Westland, stated that if this request was approved the $30,000 deposit for this property's inclusion in the current General Plan Update would stay with the City and that all processing costs would be paid. In response to Councilmember Brown, he said that if the project was not ultimately approved by the City, the option would be retained to continue in the General Plan Update. Councilmember Montgomery indicated that he would like to see the total number of affordable housing units increased. Mr. Kueny advised that consideration be given to the impacts that would occur if other property owners made the same proposal to increase affordable housing if they could be considered outside the General Plan Update. He said from his perspective the Council should not require less from Westland than was. being required of the proposed McDonalds with regard to analysis of the impacts of traffic, etc. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to direct the Affordable Housing Committee to continue further negotiation and discussion with the applicant; to report back to the Council with a timeframe and possible funding methods; the percentage of affordable housing on the project to be considered and reviewed. The motion carried by unanimous voice vote. Minutes of the City council Moorpark, California Page 6 9. PUBLIC HEARINGS: December 20, 1989 A. An interim ordinance to continue the moritorium on development of vacant property _in the R -1 and R -E zones for a period of 120 days. Staff Recommendation: Approve Ordinance No. 118 for adoption. Mr. Richards gave the staff report, stating that Ordinance 117 adopted on November 15, 1989 directs the Planning Department to conduct a study relative to providing a comprehensive system for the compatible and orderly residential development of vacant property that is presently zoned R -1 or R -E. One option to be considered is the rezoning of certain R -1, R -E, and R -E 1 Acre properties to RPD. He said the additional 120 -day extension was needed to allow staff time to prepare a report and exhibits. He said proposed Ordinance 119 would extend the moratorium established by Ordinance No. 117 for an additional 120 days from December 30, 1989, to April 29, 1990. Mayor Lawrason opened the public hearing. Mr. Allen Camp spoke representing Carlsberg. He requested that the time of the moratorium be kept as short as possible. There being no other speaker cards, Mayor Lawrason closed the public hearing. City Attorney Cheryl Kane read Ordinance 118 in title. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to read Ordinance No. 118 in title only. The motion carried by unanimous voice vote. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to declare Ordinance No. 118 adopted as read. The motion carried 4 -1, Councilmember Brown dissenting. B. Public Hearinq Notice Reauirements - A aroaosed draft ordinance changing the current 300 ft. _notice requirement to 1,000 ft. with an exception for one single family residence seeking a _zone variance. Staff Recommendation: Approve the proposed change and introduce Ordinance No. _ for first reading. Mayor Lawrason opened the public hearing. Minutes of the City council Moorpark, California Page 7 December 20, 1989 Eddie Ramseyer, 1881 Knoll Drive., said that within a 1,000 ft. notice radius many homeowners would not even be affected. There being no other speak cards, Mayor Lawrason closed the public hearing. Councilmember Brown said that the increased public notice coverage was a worthy goal but signs were the most effective public notice tool. Councilmember Harper said that larger size type and a change in the format of the signs to make them more understandable should be considered. Ms. Kane asked that the item be continued to the next meeting to allow her further review of the ordinance. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to continue the item to the next meeting. The motion carried by unanimous voice vote. 10. COMMENTS FROM COUNCILMEMBERS: Councilmember Montgomery wished all the City residents a Merry Christmas. Councilmember Harper said that the Council sympathized with the Villa del Arroyo residents and their concerns with the revised mobile home rent control ordinance. He said it had been a difficult decision for the Council that had to be based upon what was in the best interests of all the citizens. Mayor Lawrason said that he was very impressed with the Christmas spirit of the citizens of the community. He said that at the Tree Lighting Ceremony the winner of the Christmas Tree, T. &.K. Pools, had donated the tree to a needy family. 11. DISCUSSION /ACTION ITEMS: MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to continue the following items, 11.B., 11.C. and 11.E. until Mr. Newhouse returned to work after his operation and 11.D. to the next meeting. The motion carried by unanimous voice vote. B. Consider Grading and Improvement of South Meadows Park_._ Staff Recommendation: Direct staff as deemed appropriate. (Continued from 12/6, item 11.B.) Minutes of the City council Moorpark, California Page 8 December 20, 1989 C. Consider Locations for picnic _pavilions at all City Parks. Staff Recommendation: Direct staff as deemed appropriate. (Continued from 12/6, item 11.C.) D. Consider additional grading quaptities for West Village_= PC -3 (Urban West Communities)_. Staff Recommendation: Approve the recommended grading plan. (Continued from 12/6, item 11.D.) E. Consider Proposed Master Plan of Development for Griffin Park. Staff Recommendation: Approve Master Plan as recommended by the Parks and Recreation Commission. (Continued from 12/6, Item 11.E.) F. Consider a progress report on the Carlsberg Specific Plan and EIR process and December 11, 1989 Public Workshop.Staff Recommendation: Direct Staff to proceed with Specific Plan and EIR process. Mr. Richards gave the staff report indicating that an agreement for preparation of the Carlsberg Specific Plan was executed on May 23, 1989 and PBR was given formal authorization to begin work on the project. He said that a joint meeting with PBR, City Staff and representatives of the Carlsberg Corporation had been held and the topics discussed had been the Land Use Plan, Conceptual Site Plan, Cut and Fill Plan, Phasing, and Open Space /Recreation Plan. He said that approximately 75 persons were present at the workshop on the Carlsberg Specific Plan held in December. He said the purpose of the workshop was to disseminate information to the public and receive public comment. He reviewed the major topics at the workshop. Allan Camp, Attorney representing Carlsberg, reported that the Carlsberg and PBR plans were very similar except for their difference in the density of units per acre for the 12.6 acre site located north of Los Angeles Avenue designated for attached housing and for the 55 acre area at the southeast corner of the site. The Council discussed the revised location for the proposed middle school and the Moorpark Unified School District's objection to the new site. After discussion, the following motion was heard: Minutes of the City council Moorpark, California Page 9 December 20, 1989 MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to direct the consultant and staff to remove the middle school site as identified in exhibit 7 from the land use map and to not show a school site on the land use map but address the issue of the school site including alternate sites in the text; to complete analysis of all impacts of the site the Moorpark Unified School Board has identified for the middle school; to let the consultant and staff determine whether or not to change the map to reflect open space where the middle school is now identified and that the text of the specific plan discuss both sites as possible future school locations, the EIR to consider the impacts of both sites. The motion carried by unanimous voice vote. Councilmember Harper discussed the possibility of having the business park area of the site analyzed for commercial uses rather than industrial. After further discussion by the Council on the advantages of having a large anchor with associated uses located on this northeast corner of the project, the following motion was heard: MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to direct the consultant and staff to analyze a portion or all of the business park area on exhibit 7 for commercial uses, not neighborhood commercial, including but not limited to a major commercial anchor. The motion carried by unanimous voice vote. Councilmember Harper discussed the 55 acre area located in the southeast corner of the site. He asked for consideration of large lot development in this area if development is to occur in this area and in conjunction with reducing densities on the west side. He said the lots should be several acres in size. The Council discussed size of lot and number of units that should be allowed in the area. Mr. Kueny suggested analyzing the impacts of 112 acre lots, using a maximum 75 housing units for analysis. MOTION: Councilmember Montgomery moved and Councilmember Brown seconded a motion to analyze the impact of minimum 112 acre lots in the 55 acre portion of the site; the maximum number of lots to be analyzed not to be more than 95. The motion carried 3 -2, Councilmember Harper and Perez dissenting. Minutes of the City council Moorpark, California Page 10 December 20, 1989 MOTION: Councilmember Montgomery moved and Mayor Lawrason seconded a motion to direct increasing the 8,000 sq. ft. minimum lots located along Spring Road to 9,000 sq. ft. minimum lots. The motion carried by unanimous voice vote. AT THIS POINT in the meeting a 15 minute recess was declared. The Council reconvened at 11:55 p.m. The proposed multi - family area of the project was discussed by the Council. Councilmember Harper suggesting that larger set backs be established from Los Angeles Avenue. Mayor Lawrason suggested that an affordable senior component be reintroduced as a possibility in the plan. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to leave the multi - family housing in the presently indicated location. The motion carried by unanimous voice vote. Councilmember Brown suggested that more than one density be suggested by the consultant. Councilmember Harper requested that the density be left at this time as presently indicated on PBR's Plan. By consensus the Council determined to do this. Mayor Lawrason suggested that the 4 acre site be considered for senior citizen housing. Councilmember Brown said she would like to see the area designated as dedicated use, leaving options in the area open while considering the appropriateness and safety of the site for a senior housing development. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to evaluate the four acre site for dedicated public use. The motion carried by unanimous voice vote. Mr. Richards indicated that the staff would like to have the opportunity to evaluate the southwest corner of the business park area for attached housing. After Council discussion of his request, the following motion was heard: Minutes of the City council Moorpark, California Page 11 December 20, 1989 MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to evaluate a portion of the proposed business park area for multi - family residential uses and a portion of the proposed multi- family area for possible commercial uses. The motion carried by unanimous voice vote. G. Consider_ selection of a landscape architect to prepare a design for Tierra Rejada Road medians. Staff Recommendation: Select Wolf Breiman Landscape as architect. MOTION: Councilmember Brown moved and Councilmember Lawrason moved to approve the staff recommendation to select Wolf Breiman Landscape Architecture to perform the requested landscape architectural service for a fee of $6,500 plus limited reimbursable expenses as defined in the proposal for a total cost not to exceed $7,200. The motion carried by unanimous voice vote. H. Consider Development Permits _No. 337 and 358 (Kraft and Cabot, Cabot & Forbes) - a report regarding expired industrial entitlement permits. Staff Recommendation: Allow applicants to refile with a priority for processing. BY CONSENSUS: By consensus the Council determined to continue consideration of expired industrial development permit DP 358 (C.C. & F.) to a future Council meeting. MOTION: Councilmember Harper moved and Councilmember Lawrason seconded a motion to direct the staff to meet with the applicant of OP 337 for the purpose of having an agreement to provide all revisions to the development site plan and conditions of development; the intent being the applicant's acceptance of current fees and design standards. The motion carried by unanimous voice vote. I. Report on City's use of eminent domain adjacent to CalTrans street rights -of -way. Staff Recommendation: Direct staff as deemed appropriate. Ms. Kane informed the Council that her conclusion was that the law permits the City to use eminent domain to acquire property with the intent to sell, exchange, or otherwise dispose of it to some other public entity for public use. She said the City could exercise the power of eminent domain for the purpose of a Caltrans highway widening project; however, before embarking on such a course of action, the City should consider entering into an agreement with Caltrans for reimbursement to the City for costs, attorney's fees and the amount of the compensation for the property. Minutes of the City council Moorpark, California Page 12 December 20, 1989 The Council requested that a discussion of how to handle the funding with CalTrans without reimbursement be agendized for the second meeting of January. 13. FUTURE AGENDA ITEMS: Councilmember Brown asked that an item on the application to LAFCO concerning the Oxnard Harbor District be agendized. Concilmember Harper requested an update on paramedic services. 14. CLOSED SESSION: MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to adjourn into Closed Session at the hour of 12:35 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. 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 City of Moorpark vs. Fedelety Corporation (Arroyo Vista Park). I. Litigation concerning Ventura County Community College District vs. City of Moorpark. J. Litigation concerning the County of Ventura vs. City of Moorpark. K. Litigation concerning Rosenkrantz vs. City of Moorpark. The motion carried by unanimous voice vote. Minutes of the City council Moorpark, California Page 13 December 20, 1989 AT THIS POINT in the meeting a recess was declared. The Council reconvened into Closed Session at 12:40 p.m. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; and Cheryl Kane, City Attorney. The meeting reconvened into open session at 1:04 p.m. Mr. Kueny stated that only items 14.B., 14.H., and 14.I. were discussed and there was no action out of Closed Session. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to authorize the Mayor to sign the Lease Agreement on behalf of the City upon execution of the Agreement by Fedelity Corporation. The motion carried by unanimous voice vote. 15. ADJOURNMENT: MOTION: Councilmember Perez moved and Councilmember Harper seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 1 :06 a.m. Paul W. La ason Jr., May r ATTPU-