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HomeMy WebLinkAboutMIN 1997 0219 CC REG MINUTES OF THE CITY COUNCIL Moorpark, California February 19, 1997 A Regular Meeting of the City Council of the City of Moorpark was held on February 19, 1997 in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1 . CALL TO ORDER: Mayor Hunter called the meeting to order at 7 : 20 p.m. 2 . PLEDGE OF ALLEGIANCE : The Pledge of Allegiance was led by Robert Barker. 3 . ROLL CALL: Present : Councilmembers Evans, Perez, Rodgers Teasley, Wozniak and Mayor Hunter. Staff Present : Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Ken Gilbert, Director of Public Works; Mary Lindley, Director of Community Services; Nelson Miller, Director of Community Development; Steve Hayes, Economic Development/Redevelopment Manager; Captain Mike Lewis, Sheriff' s Department; Dirk _. Lovett, Assistant City Engineer; Don Reynolds, Administrative Services Manager; and Dorothy Vandaveer, Deputy City Clerk 4 . PROCLAMATIONS AND COMMENDATIONS : A. Recognition of Outgoing Planning Commissioners Christina May and John Torres, and Parks and Recreation Commissioners John Hall and Jim Hartley. Mayor Hunter presented City plaques to outgoing Planning Commissioners Christina May and outgoing Parks and Recreation Commissioners John Hall and Jim Hartley; Councilmember Wozniak presented a City plaque to outgoing Planning Commissioner John Torres . B. Recognition of Jim Stueck as outgoing Chamber of Commerce President . Mayor Hunter presented a City plaque to Jim Stueck as outgoing Chamber of Commerce president . 000IL37 Minutes of the City Council Moorpark, California Page 2 February 19, 1997 C . Recognition of Eagle Scout Robert Barker . Mayor Hunter presented a certificate of recognition to Eagle Scout, Robert Barker. D. Recognition of Pepsi Hot Shot Los Angeles Area Finals Winners Kelly Hanson and Tyler Ziegler. Mayor Hunter recognized Kelly Hanson and Tyler Ziegler as Pepsi Hot Shot Los Angeles Finals Winners . E . Proclamation Recognizing the Week of March 9 as Girl Scout Week. Mayor Hunter presented a proclamation recognizing the week of March 9 as Girl Scout Week to Elena LeBel of Tres Condados . F. Proclamation Recognizing the Week of February 9 as Future Business Leaders of America (FBLA) Week. Mayor Hunter presented a proclamation to Brian Fields, FBLA President . G. Proclamation Recognizing the Week of March 17 as Daffodil Days (American Cancer Society) . Mayor Hunter presented a proclamation to Dee Talley. H. Presentation by the County of Ventura on the Value of Agriculture - An Economic Analysis Study. Gene Kjellberg of the County of Ventura made a presentation to the City Council on the value of agriculture in the County of Ventura. I . City Manager' s Monthly Report. CONSENSUS : By consensus, the item was continued to March 5, 1997 . 5 . REORDERING OF, AND ADDITIONS TO, THE AGENDA: None . AT THIS POINT in the meeting, Council recessed to reconvene the Redevelopment Agency. The time was 8 : 20 p .m. The Council reconvened at 8 : 21 p.m. 000138 Minutes of the City Council Moorpark, California Page 3 February 19 , 1997 6 . PUBLIC COMMENT: Roma Armbrust, 1151 Shellburn Lane, Ventura, of the Sustainability Council of Ventura County, and Beverly Penner, 3291 Lincoln, Ventura, of the League of Women Voters, presented the Council with "The Broadcaster", a magazine of Ventura County Agriculture. Eloise Brown, 13193 Annette Street, addressed the Council regarding the Moorpark Mosquito Abatement District . Gerald Goldstein, 11932 Los Angeles Avenue, addressed the Council regarding his difficulty in growing a garden on his property. 7 . ANNOUNCEMENTS AND FUTURE AGENDA ITEMS : Councilmember Wozniak requested an item for the March 5, 1997 City Council agenda regarding the Campus Hills HOA "punch list" of items still to be completed for the subdivision. Councilmember Evans requested a joint meeting with the Moorpark Mosquito Abatement District. Councilmember Perez requested a report on the easement off of Sagewood Drive to be quitclaimed by the City. Councilmember Perez requested a report on drafting an ordinance relative to skateboarding on school and related properties . Mayor Hunter requested a report on catchbasins located in bike lanes . 8 . PUBLIC HEARINGS : None . 9 . PRESENTATIONS/ACTION/DISCUSSION: A. Consider Acceptance of the Terms and Conditions of the HUD Home Investment Partnership (HOME) Grant Program. Staff Recommendation: Authorize staff to accept the grant and authorize the City Manager to execute the contract initiating the program. Mr. Reynolds gave the staff report . Minutes of the City Council Moorpark, California Page 4 February 19, 1997 MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to approve the staff recommendation to accept the grant and authorize the City Manager to execute the contract initiating the program. The motion carried by unanimous voice vote . B. Consider Additional Appropriation for the Arroyo Vista Community Park ("AVCP") for Fiscal Year 1996/97 . Staff Recommendation: That the City Council authorize the changes to the AVCP/General Fund appropriations by adopting Resolution No. 97-1278, presented in Attachment "C", authorizing an appropriation as a loan from the General Fund Reserve of $11, 190 to pay for the completion of Phase I of AVCP (boundary survey and easement deed) in conjunction with a separate report to Council which reduces the current loan from $120, 000 to $100, 000, making the revised loan from the General Fund Reserve to the PIF- Community Zone $111, 190 . (ROLL CALL VOTE) Mr. Reynolds gave the staff report. MOTION: Councilmember Perez moved and Councilmember Teasley seconded a motion to approve Resolution No. 97-1278 . The motion carried by unanimous roll call vote. C. Consider General Plan Amendment No . 96-3 to amend the General Plan Land Use Designations from Medium Low, Open Space 2, and Public/Institutional to Rural Low; and to Reese the Zoning from Residential Planned Development 1 . 63 Dwelling Units per Acre, Open Space and Institutional to Rural Exclusive 5 Acres on a 655 Acre Site Referred to as Vestina Tentative Tract Map No. 4928, Located Approximately 2 , 700 feet South of Broadway Road, with Frontaae on both Walnut Canyon Road (State Route 23) to the East and Grimes Canyon Road to the West. Staff Recommendation: 1) Approve Resolution No. 97- approving the General Plan Amendment . Mr. Miller gave the staff report . Jay Kopel, 25902 Coleridge Place, Stevenson Ranch, addressed the Council as a representative of Centex Homes . He said Centex has established a reserve account with the City. He said Centex is requesting a four week delay in the second reading of the ordinance. He said during those four weeks Centex would be completing the agreements and concluding their on-site soils investigation and determine what to do about any process problems related to the /000 .40 Minutes of the City Council Moorpark, California Page 5 February l(, 1997 conditions of approval and development agreement and select the golf course designer and developer, house architect and landscape architect . In response to Councilmember Evans, Mr . Kopel said that Centex had placed $20, 000 in an escrow account rather than paying outstanding fees to the City because he said Centex felt at this point that was more appropriate . He said the Deputy City Manager is in possession of the documents which would indicate at some point that money will be paid to the City. In response to Mayor Hunter, Mr. Kopel indicated there were several amendments to the Development Agreement which he felt needed to be made. He said there are dates that are no longer appropriate, that need to be changed; he said the conditions for the RPD and CUP need to be realigned; he said Centex must ensure that the Development Agreement conforms with the timetables required of them; he said the rider to the Deed of Trust needs to be changed regarding the timing for the golf course development; he said the City' s minimum setback needs to be resolved relative to the General Plan Amendment (100 feet versus 200 feet) . In response to Councilmember Teasley, Mr. Kopel said until Centex has final conclusions from the soils analysis they cannot determine absolutely that the project will succeed. Mayor Hunter asked "aside from the soils analysis, what other issues are delaying submissions for Corporate approval?" Mr. Kopel replied, "none. " Christine Hester, 5060 Goldman Avenue, addressed the Council in support of the project . Linda Plaks, 4957 Mira Sol, addressed the Council in support of the project. Harvey Plaks, 4957 Mira Sol, addressed the Council in favor of the project and in delaying the change of zoning. Jim Stueck, 4737 Elderberry Avenue, addressed the Council in support of the project and in delaying the zoning change . Lori McGee, 6590 Marquette Street, addressed the Council in favor of the project . 000141 Minutes of the City Council Moorpark, California Page 6 February19, 1997 Warren Tetz, 3935 Willow Creek Lane, addressed the Council in favor of the project . Mary Leyden, 12752 Summer Street, addressed the Council in support of the project . In response to Council question, Ms . Kane indicated that until Centex became the purchaser of the property their signature on the Development Agreement would have no bearing. She said until Bollinger or Centex takes ownership of the property, the City is still at risk. Ms . Kane advised that if action on the ordinance is postponed that action on the General Plan Amendment resolution must also be postponed. Paul Bollinger, 351 Rolling Oaks Drive, Suite 100A, Thousand Oaks, addressed the Council and indicated that the LDS Church would sign the Development Agreement if there is no liability to them. Mr. Kueny recommended that the Council Ad Hoc Committee get reinvolved in the project. Mayor Hunter stated that a delay of two weeks is reasonable, but he did not support a delay of four weeks . Councilmember Perez indicated his support of a four week delay. Councilmember Teasley said that the Ad Hoc Committee should meet with Centex during the four week delay and come up with the means to make the project work. She indicated her support of the four week delay, but stated that she wanted to continue pressure leading up to resolution of the issues . Councilmember Wozniak indicated he could not support any further extensions . Councilmember Evans stated his support of sending the project back to the Ad Hoc Committee . Mr . Kueny indicated he sees the Committee receiving clarification of a date certain that Centex can sign the Development Agreement . Minutes of the City Council Moorpark, California Page 7 February19 , 1997 MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to refer this item to the Ad Hoc Council Committee and to take the General Plan Amendment off calendar. The motion carried by 3-2 voice vote, Councilmember Wozniak and Mayor Hunter dissenting. AT THIS POINT in the meeting a recess was declared. The time was 9 : 50 P.M. The Council reconvened at 10 : 05 p.m. D. Consider Resolutions Necessary to Form a Community Facilities District (CFD) and Issue Mello Roos Bonds . Staff Recommendation: Approve Resolution 97-1279 adopting goals and policies for CFD; Resolution 97-1280 establishing intention to form a CFD; and Resolution 97-1281 Intention to incur bonded indebtedness of the proposed CFD. Mr. Hare gave the staff report. He indicated that Marshall Linn, also the bond counsel, Alan Kapanicas, were in attendance to answer any questions . Ron Tankersley, 2800 28th Street, Santa Monica, addressed the Council as the developer and requested the Council' s approval . CONSENSUS : By consensus, the Council determined to amend the third paragraph of the local goals and policies for the Community Facilities District to read "all City and consultant costs incurred in the evaluation of new CFD applications and the establishment and formation of CFD' s will be paid by the applicants by advance deposit increments . " MOTION: Councilmember Perez moved and Councilmember Evans seconded a motion to adopt Resolutions No. 97-1279, 97-1280, 97- 1281 . The motion carried by unanimous voice vote . E . Consider Matching Funds for Economic Development Collaborative-Ventura County. Staff Recommendation: The Committee and staff recommend that the City Council approve $9, 000 of funding for EDC-VC and appropriate $3, 000 from the General Fund Reserve for Fiscal year 1996/97 . (ROLL CALL VOTE) Mr. Hayes gave the staff report . MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to approve the staff recommendation to approve $9, 000 of funding for the Economic Development Collaborative of Minutes of the City Council Moorpark, California Page 8 February 19, 1997 Ventura County and appropriate $3, 000 from the General Fund Reserve for Fiscal Year 1996/97 . The motion carried by unanimous roll call vote. F. Consider Approval of the Purchase of Certain Tax Default Property on the North Side of Los Anaeles Avenue West of Nogales Avenue (513-0-023-035) . Staff Recommendation: Staff recommends that the City Council take the following actions : 1) Direct staff to proceed with steps necessary to acquire the subject property via Tax Default sale; 2) Direct staff to prepare and present a resolution amending the FY 1996/97 budget to fund this acquisition, when all costs are fully determined. Mr. Gilbert gave the staff report . Mayor Hunter expressed that widening L.A. Avenue is unfair to the residents as it will increase traffic. He indicated that he could not support the item. MOTION: Councilmember Perez moved and Councilmember Teasley seconded a motion to approve the staff recommendation to direct staff to proceed with steps necessary to acquire the subject property via tax default sale; to direct staff to prepare and present a resolution amending the fiscal year 1996/97 budget to fund the acquisition when all costs are fully determined; to authorize the Mayor to sign the purchase agreement . The motion carried by 4-0 voice vote, Mayor Hunter abstaining. G. Consider Conceptual Desian for the Widening of Unidos Avenue . Staff Recommendation: Direct staff as deemed appropriate . Mr. Gilbert gave the staff report. Mr. Kueny briefed the Council on the history of the item. Colin Velasquez, 476 West Los Angeles Avenue, addressed the Council and indicated his opposition to the three foot wide parkway. He indicated his support of alternative 1 in the staff report which is to widen Unidos Avenue on the north side of the street along the entire length of the Velasquez property. Councilmember Teasley indicated her support of referring this matter to Committee to determine the type of street Unidos should be . 00OI44 Minutes of the City Council Moorpark, California Page 9 February 19, 1997 MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to refer this to the Community Development Committee. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the Council reordered the agenda. They determined to continue with the City Council agenda, but to take only Redevelopment Agency item 4 .A. and the Redevelopment Agency Consent Calendar. They further determined to request a special meeting of the Redevelopment Agency on March 5th to begin at 5: 30 p.m. H. Consider Apgroval of a Use Agreement with Moorpark Little League. Staff Recommendation: Staff recommends that the City Council 1) Approve the proposed Use Agreement with Little League for exclusive use of the baseball field facilities at Poindexter Park for authorized practices and games; 2) Approve the advancement of half of the cost of the backstop and side-line fence improvements with said loan to be repaid over three years and the other improvements as recommended in this agenda report; and 3) Pending final language approval by the City Manager, authorize the City Manager to sign the Agreement on behalf of the City. Ms . Lindley gave the staff report. Councilmember Perez indicated his desire that the signage clearly state when the Little League has sanctioned use of the fields . MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to approve the staff recommendation to approve the use agreement with the Little League for exclusive use of the baseball field facilities at Poindexter Park for authorized practices and games; to approve the advance of one-half of the cost of the backstop and side-line fence improvements with said loan to be repaid with payments of 1/3 of the cost on each date - 3/1/99, 3/1/2000, 3/1/2001; and the other improvements as recommended in the staff report dated February 19, 1997 pending final language approval by the City Manager, the City Manager authorized to sign the Agreement on behalf of the City. The motion carried by unanimous voice vote. I . Clarify Appointments to Downtown Specific Plan Citizen' s Advisory Committee Relative to City Residency Requirement . Staff Recommendation: Direct staff as deemed appropriate . Minutes of the City Council Moorpark, California Page 10 February 19 1997 Mayor Hunter requested the Council to allow business owners, property owners in the City to be allowed to submit applications for the Downtown Specific Plan Advisory Committee. MOTION: Mayor Hunter moved and Councilmember Wozniak seconded a motion to allow nonresidents to apply for appointment to the Downtown Specific Plan Advisory Committee as long as they are property owners or business owners within the City. The motion carried by unanimous voice vote. 10 . CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Teasley seconded a motion to pull items 10 .E . , 10 .G. , and 10 .H. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote . A. Consider Approval of Minutes of the Regular Meeting of the City Council of January 15 1997 . Consider Approval of Minutes of the Special Meeting of the City Council of January 15 1997 . Consider Approval of Minutes of the Special Meeting of the City Council of February 5 1997 . Staff Recommendation: Approve the minutes as processed. B. Consider Approval of Warrant Register. Manual Warrants 32769 - 32772 $4, 062 . 86 Regular Warrants 32773 - 32800 32801 - 32878 $297, 317 . 68 Staff Recommendation: Approve the Warrant Register. C . Consider Notice of Intention to Sell Real Property from Moorpark Unified School District (Property located at the corner of Peach Hill Road and Rolling Knoll Assessor Parcel #500-0-350-04 Moorpark, California which is comprised of approximately two acres) . Staff Recommendation: Notify the School District that the City is not interested in buying the property. .000146 Minutes of the City Council Moorpark, California Page 11 February 19, 1997 D. Consider Bids for the Construction of a Paved Road Bike Path and Related Improvements at Arroyo Vista Community Park. Recommendations : 1) Award a contract to Mendez Concrete, Inc. in the amount of $187, 347 . 91 for the construction of the subject project; 2) Approve a contingency in the amount of ten percent (100) of the bid and authorize the City Manager to approve additional work, if required, for an amount not to exceed said amount; 3) Authorize the City Manager to sign necessary contract documents; 4) Adopt the attached Resolution (Exhibit 3) amending the budget as described in this report . (ROLL CALL VOTE) F. Consider Approval of a Certificate of Acceptance for Certain Slope Easements South of Wicks Road. Staff Recommendation: Approve Certificates of Acceptance for certain Slope Easements south of Wicks Road, from Mr. and Mrs . Cho, and direct the City Clerk to send said easements and certificates to the County Recorder for recordation. I . Consider Resolution No. 97-1285, Amending Resolution No 97-1267 Initiating the Proceedinas Related to the Levy of Assessments for AD 84-2 (Lighting and Landscaping Assessment District) for Fiscal Year 1997/98, by Directinq the Enaineer' s Report to Provide for the Possible Establishment of a New Zone of Benefit to fund Maintenance Cost Related to Campesina Park. Staff Recommendation: Staff recommends that the City Council adopt Resolution No. 97-1285 amending Resolution No. 97-1267 to provide for the consideration of a third new Zone of Benefit for Campesina Park. J. Consider Changing Meeting Date and Time for Council Economic Development Committee. Staff Recommendation: Change meeting to the second Tuesday of the month at 6: 15 p.m. The following items were pulled from the Consent Calendar for individual consideration: E. Consider Adoption of Resolution No. 97-1282, Revising the Fee Schedule for Public Parks and Reservations and Repealing Section 2 of Resolution No . 86-351 . Staff Recommendation: Adopt Resolution No. 97-1282, Revising the fee schedule for public parks and reservations and repealing Section 2 of Resolution NO. 86-351 . 00U147 Minutes of the City Council Moorpark, California Page 12 February19, 1997 In response to Councilmember Perez, Ms . Lindley explained that rental for the horseshoe pits will not be charged to those renting the gazeboes or picnic pavilions at Poindexter Park, that the charge of the rental of the horseshoe pits was a separate item. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to approve the staff recommendation to adopt Resolution 97-1282 . The motion carried by unanimous voice vote . G. Consider Approval of Final Maps Tracts 4973/4974 (Carlsberg) . Staff Recommendation: Approve the street name of "Science Drive" as shown on each map; 2) Approve the Final Maps for Tracts 4973 and 4974 along with the Subdivision Agreements for the respective tracts; 3) Authorize the Mayor and City Clerk to sign the Final Map Title Sheets and Subdivision Agreements for Tracts 4973 and 4974 as soon as additional certificates, as recommended by the City Attorney, are added to the maps; 4) Direct the City Clerk to record the Final Maps for Tracts 4973 and 4974 and the respective Subdivision Agreements for each tract concurrently with the Offer of Dedication for the active recommended by the City Attorney. Mr. Kueny expressed his concern with the aesthetics related to the future sewer pump station setback. Mr . Tankersley concurred that an additional note may be placed on the map for Tract 4974 giving the easement to the City to be subsequently transferred to the Waterworks District after the impacts of the aesthetics are minimized. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to approve the note to the map as indicated above and to approve the street name of Science Drive as shown on each map; to approve the final maps for Tracts 4973 and 4974 along with the Subdivision Agreement for the respective tracts; to authorize the Mayor and City Clerk to sign the final map title sheets and Subdivision Agreements for Tracts 4973 and 4974 as soon as additional certificates as recommended by the City Attorney are added to the map; to direct the City Clerk to record the final agreements for each type concurrently with the offer of dedication for the active park offered pursuant to the Settlement Agreement as recommended by the City Attorney. The motion carried by unanimous voice vote . oOlUI48 Minutes of the City Council Moorpark, California Page 13 February19, 1997 H. Consider Resolution No 97-1284 to Recognize and Endorse the "California First" Legislative Leadership Summit Sponsored by SCAG. Staff Recommendation: Adopt Resolution No. 97-1284 . Mayor Hunter requested that Section 1 of the resolution be revised to read "that the City of Moorpark recognizes the significance of this event and endorses the "California First" legislative leadership summit, which deserves the participation, involvement and support of all State officials who have been elected to serve the citizens of Southern California" . MOTION: Mayor Hunter moved and Councilmember Wozniak seconded a motion to approve the staff recommendation to adopt Resolution No . 97-1284 . The motion carried by unanimous voice vote . 11 . ORDINANCES : A. Second Readina of Ordinance 223 Approving Zone Change No 96-3, Changina the Zonina for a 655 Acre Site Referred to as Vesting Tentative Tract No 4928 to Revise the Zoning from Residential Planned Development 1 . 63 Dwelling Units Per Acre, Open space and Institutional to Rural Exclusive 5 Acres . MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to take the proposed ordinance off calendar. The motion carried by voice vote 3-2, Mayor Hunter and Councilmember Wozniak dissenting. 12 . CLOSED SESSION: None was held. 13 . ADJOURNMENT: The Mayor adjourned the meeti ,g t 11 : 35 atrick H4 er, Mayor ATTEST : 'VT,illian E . Hare, CMC, City Clerk 9 P, 2 � oo l 0 m 9 4V9 ^n J 9TE.0 JV,.