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HomeMy WebLinkAboutMIN 1986 0505 CC REGMINUTES OF THE CITY COUNCIL 799 Moorpark Avenue May 5, 1986 A Regular Meeting of the City Council of the City of Moorpark was held on May 5, 1986 in the City Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Weak called the meeting to order at 7:05 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Leta Yancy- Sutton. 3. ROLL CALL: Present: Councilmembers Albert Prieto, Leta Yancy- Sutton, Danny Woolard and Mayor Weak. Steven Kueny, City Manager; Dennis Delzeit, City Engineer; Lt. Mike Brown, County Sheriff's Department; Tom Genovese, Administrative Assistant; Richard Morton, Director of Community Development; Diane Eaton, Associate Planner; Cheryl Kane, City Attorney; Doris Bankus, City Clerk Absent: Councilmember Thomas Ferguson 4. APPROVAL OF MINUTES: A. Adjourned Regular Meeting of February 24, 1986 MOTION: Councilmember Yancy- Sutton moved and Councilmember Prieto seconded a motion to approve the minutes. The motion carried by unanimous voice vote. B. Regular Meeting of March 3, 1986 MOTION: Councilmember Prieto moved and Councilmember Yancy- Sutton seconded a motion to approve the minutes. The motion carried by unanimous voice vote. C. Regular Meeting of March 17, 1986 BY CONSENSUS: By consensus, the Council agreed to continue this item until the next regular meeting. Minutes of the City Council 2 May 5, 1986 5. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Proclamation - "Day of the Teacher" - May 14, 1986 Mayor Weak read the proclamation. B. Resolution of Commendation to be presented at Moorpark College Foundation Dinner No presentation was made and the resolution of commendation will be mailed to Moorpark College Foundation. 6. PUBLIC COMMENT: A. Paul Coyle, 15750 Los Angeles Avenue, #34, spoke as Vice President of the Villa del Arroyo Homeowner's Association. He requested a reduction in the speed limit to 35 -40 mph for traffic westbound on Los Angeles Avenue just east of the railroad tracks and continuing through the intersection of Via Del Arroyo and Los Angeles Avenue. MOTION: Councilmember Yancy- Sutton moved and Councilmember Woolard seconded a motion to post the speed limit at 40 miles per hour from the railroad crossing going east past the intersection of the mobile home park entrance and post that it resumes 55 miles per hour east of the intersection, and direct staff to prepare a resolution to present at the next regular meeting. The motion carried 4 -0, Councilmember Ferguson absent. B. Joe Intiso, 15750 Los Angeles Avenue, thanked the City Engineer for sending him a copy of the traffic report regarding above subject. He is pleased the motion was made and passed. 7. PUBLIC HEARINGS: A. Conditional Use Permit No. Exploration and Production approval to drill an explc Location: Approximately 6,000 the intersection of Los Angeles View Avenue. CUP -4502 - Sun Company; Request ,ratory oil well. feet southwest of Avenue and College Victor Richards, 15750 Los Angeles Avenue #168, spoke and questioned why there are so many consultations regarding this subject. He feels the delays are unwarranted. Minutes of the City Council 3 May 5, 1986 Mr. Kueny said this item is being continued because all of the concerns of City Council and the applicant have not been answered. BY CONSENSUS: By consensus, the Council agreed to continue this item until the next regular meeting of May 19, 1986. B. Development Plan Permit No. DP -334 (Bel Air Sheet Tube) request approval to construct a 97,500 square foot industrial facility - 5 bays totalling 110,000 square feet. No specific tenant identified. Location: Northeast corner of Los Angeles Avenue and Gabbert Road. Diane Eaton gave the staff report. Mayor Weak opened the public hearing. Willard Walters, 2535 Maricopa, Torrance, spoke as the architect for this proposed project. He addressed issues of landscape, size of the perimeter wall and the concerns of Council. He said it is their interpretation that no overnight parking on the Los Angeles side of the building is to be permitted. Mayor Weak closed the public hearing. MOTION: Councilmember Yancy- Sutton moved and Councilmember Galloway seconded a motion to find the proposed project will not have a significant effect on the environment and that the information contained in the Negative Declaration has been completed in compliance with State CEQA Guidelines issued thereunder. The motion was carried by 4 -0, Councilmember Ferguson absent. MOTION: Councilmember Yancy- Sutton moved and Councilmember Prieto seconded a motion to adopt the proposed findings and approve Development Plan Permit No. DP -334 subject to the conditions contained within Planning Commission Resolution PC -86 -93 and the conditions that a maximum six -foot high wall will be constructed on the south side of the property and that prior to occupancy there will be a four -foot landscaped strip south of the wall on L. A. Avenue and that no right -turn will be allowed for trucks when exiting the building onto Gabbert Road. Staff is directed to bring back resolution of approval for adoption. The motion was carried by 4 -0 voice vote, Councilmember Ferguson absent. Minutes of the City Council 4 May 5, 1986 C. Replacement of Lender LServicer for Single Family Residential Mortgage Revenue Bond Issue of 1985 Mr. Kueny gave the staff report. Mayor Weak opened the public hearing. There being no public speakers, Mayor Weak closed the public hearing. MOTION: Councilmember Yancy- Sutton moved and Councilmember Prieto seconded a motion to authorize the Mayor to sign the Agreement to permit IMCO Realty Services, Inc. to replace International Mortgage Company as Lender / Servicer for those home mortgage loans in the Urban West Communities project made pursuant to the 1985 Single Family Mortgage Revenue Bond Issue. The motion was carried by 4 -0 voice vote, Councilmember Ferguson absent. 8. ORDINANCES /RESOLUTIONS: A. Adopt Ordinance No 70 regarding Subdivision Improvement Fees and Reimbursements Cheryl Kane read the ordinance title. MOTION: Councilmember Woolard moved and Councilmember Prieto seconded a motion to waive further reading and declare the ordinance read for the second time. The motion was carried by 4 -0 voice vote, Councilmember Ferguson absent. MOTION: Councilmember Prieto moved and Councilmember Yancy- Sutton seconded a motion to adopt the ordinance as read. The motion was carried by 4 -0 roll call vote, Councilmember Ferguson absent. B. Adopt Ordinance No. 71 regarding Amendment to Animal Regulations Cheryl Kane read the ordinance title. MOTION: Councilmember Woolard moved and Councilmember Prieto seconded a motion to waive further reading and declare the ordinance read for the second time. The motion was carried by 4 -0 voice vote, Councilmember Ferguson absent. Minutes of the City Council 5 May 5, 1986 MOTION: Councilmember Woolard moved and Councilmember Yancy- Sutton seconded a motion to adopt Ordinance No. 71 as read. The motion was carried by 4 -0 roll call vote, Councilmember Ferguson absent. C. Introduce Ordinance regarding Newsracks Cheryl Kane gave the staff report. She explained that the City does not have the authority to decide what is defined as obscene material. If there is a question whether or not material that is being distributed falls within the definition of obscenity, that individual can be prosecuted under the state penal statute and will have a jury trial to determine if the material is obscene. Councilmember Yancy- Sutton made the following comments and suggested these changes to the ordinance: 1. Page 1 - (3) "Permit authority" means the city manager or his or her designee. Should be changed to read "Permit authority" means the City Council. 2. Page 2 - (4) ........minimum amounts set by "the permit authority" should read .....minimum amounts set by "the City Council ". 3. Page 3 - A.(5) the base shall be painted matte black instead of gloss black. 4. Page 4 - (g) - Change "five feet from any fire hydrant to read "the recommendation of the fire department if it is more than 5 feet ". 5. Page 5 - 11.B. - The sidewalk should be restored with the same material as the sidewalk and restored to a good and safe condition, leaving no hole or projection in the sidewalk. Mayor called the public speakers: Dan Boster, 888 Easy Street, Simi Valley, spoke representing The Enterprise newspaper. He expressed concern that the ordinance violates the First Amendment of the Constitution and is not workable. Minutes of the City Council 6 May 5, 1986 Tom Bruchs, 1495 Suffolk, Thousand Oaks, spoke as Circulation Manager of the News Chronicle newspaper. He indicated that they can tolerate a newsrack ordinance if it is intended for safety, but there are areas that require clarification before this ordinance is adopted. He stated that the way it is written is in violation of the First Amendment of the Constitution. Dan Schmidt, P. O. Box 3, spoke representing the Moorpark Mirror newspaper. Mr. Schmidt asked what prompted the need for a newsrack ordinance and why has it been written with such restrictive wording. He believes that the newspaper industry will mitigate any dangers presented by newsracks without the need for a City ordinance. Debra Ryono, 724 Moorpark Avenue, spoke representing the Moorpark News. She stated that the restriction of newsracks on government property is a violation of the First Amendment. In addition, Mrs. Ryono said their paper is a weekly and is only changed in the racks on a weekly basis so she believes that the stipulation for the seven - day change should be either omitted from the ordinance or the time period lengthened. There have been times during the holidays and at election when their publishing date may be extended to eight days. Jaque' Kampschroer, 23501 Blythe Street, Canoga Park, spoke representing The Enterprise newspaper. She indicated her opposition in general to the newsrack ordinance. She stated that their public service would not be as good because of the restrictions that will be placed on them if this ordinance is adopted. Ms. Kampschroer said this ordinance violates the First Amendment of the Constitution. CONSENSUS: By consensus, the City Council directed the City Attorney to distribute the draft ordinance as amended by Councilmembers and report back to the City Council at the meeting of June 16, 1986. D. Introduce Ordinance No. 72 regarding Judicial Review of Administrative Decisions Cheryl Kane read the ordinance title. Minutes of the City Council 7 go E. F. May 5, 1986 MOTION: Councilmember Woolard moved and Councilmember Yancy- Sutton seconded a motion to waive further reading and declare the ordinance read for the first time. The motion carried by 4 -0 voice vote, Councilmember Ferguson absent. MOTION: Councilmember Yancy- Sutton moved and Councilmember Perez seconded a motion to introduce the ordinance as read. The motion carried by 4 -0 voice vote, Councilmember Ferguson absent. Resolution No. 86 -301 Amending Salary Resolution MOTION: Councilmember Yancy- Sutton moved and Councilmember Woolard seconded a motion to adopt Resolution No. 86 -301. The motion carried by 4 -0 voice vote, Councilmember Ferguson absent. Resolution No. 86- Amending City Council Rules of Procedure 1. Approve speaker card Mayor called for public speakers. Joe Intiso, 15750 Los Angeles Avenue, stated that he is opposed to some aspects of the proposed resolution. He questioned the procedure of allowing the applicant to speak first and last during public hearings. He also questioned whether or not the public may speak more than once during the conduct of a meeting. Mr. Intiso said he does not believe the current format needs to be changed with this resolution. Jim Hartley, 5950 Gabbert Road, stated he supports the concern of the conduct of meetings in the future. He said some method needs to be made available for the public to bring comments to the Council and he supports the use of the speaker card. CONSENSUS: By consensus, the Council determined to defer this item to a subcommittee and at their earliest convenience report back to Council. COMMENTS FROM COUNCILMEMBERS: A. Councilmember Woolard mentioned there is a California Cities seminar on May 14, 15 and 16 in Sacramento. He expressed interest in attending. Minutes of the City Council 8 10. May 5, 1986 Mr. Kueny indicated that if it involves an overnight stay it will require Council action to approve it. MOTION: Councilmember Yancy- Sutton moved and Councilmember Prieto seconded a motion to approve Councilmember Woolard's attendance at the League of California Cities seminar on May 14, 15 and 16 in Sacramento. The motion carried by 4 -0 roll call vote, Councilmember Ferguson absent. Councilmember Yancy- Sutton reported on the Transportation Policy Planning Committee (TPPC) meeting which was held April 21, 1986. She stated that a public hearing was held regarding unmet transit needs in Ventura County. A request to consider an enhanced Senior Citizen's program (such as subsidized taxi fare, dial -a -ride carpool, etc.) was presented. She recommended that it be left up to each City in the County to individually decide what they can provide for their Seniors within the constraints of their individual budgets. It was her suggestion that the cities know their needs better than the County does. CONSENSUS: By consensus, the City Council determined to support Councilmember Yancy- Sutton's recommendation. Mayor Weak suggested that the City Council consider sending a letter that staff has drafted for his signature to Dr. Clint Harper and the Growth Management group regarding the Developer's Agreement. This letter explains some of the questions and concerns that Dr. Harper has raised on behalf of the Growth Management citizens group. Council determined to review the letter at the next recess. STAFF REPORTS - ACTION ITEMS A. Caren Traffic Study Steve Kueny gave the staff report. John W. Newton, 165 High Street, #204, spoke representing Dr. Caren, the applicant. He agrees that the traffic portion of the Caren Component of the EIR allowed only for a general review of the potential impact. Minutes of the City Council 9 May 5, 1986 Councilmember Leta Yancy- Sutton said she believes that the applicant and the City are the ones who need to recover the cost. She does not believe McClelland Engineers is at fault for the overrun on cost. Councilmember Woolard agreed with Councilmember Yancy- Sutton and stated that McClelland Engineers is not responsible for any lack of information provided. CONSENSUS: By consensus, the Council directed staff to contact Palmer Associates to obtain (purchase) the results of the needed traffic counts and the cost of the counts will be shared 50/50 between the City and the applicant. Staff will then be given further direction by Council as to what information the City Engineer is to evaluate. B. 1985 -86 Capital Improvement Program Mr. Kueny gave the staff report. MOTION: Councilmember Yancy- Sutton moved and Councilmember Prieto seconded a motion to 1) direct City Engineer to proceed with the work outlined in the proposals for the overlay and slurry program, 2) to request background information from the County of Ventura regarding the downtown area drainage study and to bring that information back to Council for consideration of the proposal at that time, 3) Gabbert Road will be funded by 100% Gabbert /Casey Road AOC funds (with balance repaid as new fees are collected). The motion was carried by 4 -0 roll call vote, Councilmember Ferguson absent. C. Happy Camp Canyon Flood Control Channel Mr. Kueny gave the staff report. MOTION: Councilmember Yancy- Sutton moved and Councilmember Woolard seconded a motion to authorize the Mayor to send a letter to Supervisor James Dougherty in support of the County Flood Control District and Property Administration Agency working with Kavlico to complete improvements to the Happy Camp Canyon Flood Control Channel. The draft letter was amended to omit the second and third sentences from the first paragraph and to allow the first sentence to become part of the Minutes of the City Council 10 May 5, 1986 second paragraph. The motion carried by 4 -0 voice vote, Councilmember Ferguson absent. D. Public Employees Blanket Bond Mr. Kueny gave the staff report. MOTION: Councilmember Yancy- Sutton moved and Councilmember Woolard seconded a motion to authorize acceptance of the Blanket Employee Dishonesty Bond with Fidelity and Deposit of Maryland in the amount of $500,000, with a $10,000 deductible and a premium of $687.00. The motion was carried by 4 -0 roll call vote, Councilmember Ferguson absent. Councilmember Yancy- Sutton left the dais due to a conflict of interest on the next two agenda items. E. Refund of Program Deposits to Griffin Homes and Warmington Homes for Proposed 1986 Bond Issue Mr. Kueny gave the staff report. MOTION: Councilmember Prieto moved and Councilmember Woolard seconded a motion to authorize termination of the Program Deposit Agreement and return of the program deposits for the proposed 1986 Family Mortgage Revenue Bond Issue, less $100.00 each for administrative costs to both Griffin Homes and Warmington Homes. The motion was carried by 3 -0 roll call vote, Councilmembers Ferguson and Yancy- Sutton absent. F. Request for Proposals - City of Moorpark Downtown Plan Mr. Kueny gave the staff report. MOTION: Councilmember Woolard moved and Councilmember Prieto seconded a motion to approve the scope of work in the Request for Proposals and to direct staff to solicit proposals from qualified firms. The motion carried by 3 -0 voice vote, Councilmembers Ferguson and Yancy- Sutton absent. Councilmember Yancy- Sutton returned to the dais. Minutes of the City Council 11 11. 12. STAFF REPORTS A. Quarterly Crime Report May 5, 1986 Lieutenant Mike Brown gave the staff report. No action was taken. B. Letter in response to Dr. Harper's inquiry regarding the Developer's Agreement. MOTION: Councilmember Yancy- Sutton moved and Councilmember Woolard seconded a motion to authorize the Mayor to sign a letter to Dr. Harper and the concerned citizens for growth management explaining the details of the City's Developer Agreement. The motion was carried by 4 -0 voice vote, Councilmember Ferguson absent. CONSENT CALENDAR: A. Approval of Warrant Register B. City Manager Approved Contract to the Moorpark Mirror for the Production and Printing of Parks and Recreation department Recreation Services Guide - Summer '86 MOTION: Councilmember Yancy- Sutton moved and Mayor Weak seconded a motion to approve the Consent Calendar. The motion was carried by 4 -0 roll call vote, Councilmember Ferguson absent. City Clerk, Doris Bankus, stated that staff services had been rendered to provide the sign ordinance to the Design Standards Committee and the request has now been made for staff to provide typing support for preparation of the Landscape Design Manual. It is being brought to Council attention for their information. MOTION: Councilmember Yancy- Sutton moved and Councilmember Woolard seconded a motion for staff to provide support for these services. The motion carried by 4 -0 voice vote, Councilmember Ferguson absent. 13. FUTURE AGENDA ITEMS There were none presented. Minutes of the City Council 12 May 5, 1986 14. ADJOURNMENT Ms. Kane said the Council will be adjourning to Closed Session under Government Code Section 54956.8 relative to negotiations on real property transactions. Mr. Kueny stated those properties are relative to the extension of Tierra Rejada Road and the owner involved is Mr. Boething. MOTION: Councilmember Prieto moved and Councilmember Woolard seconded a motion to adjourned to Closed Session under Government Code Section 54956.8. The motion carried by 4 -0 voice vote, Councilmember Ferguson absent. AT THIS POINT in the meeting, the City Council took a 10- minute recess. The City Council reconvened into Open Session at 12:10 a.m. MOTION: Councilmember Yancy- Sutton moved and Mayor Weak seconded a motion to adjourn the meeting. The motion carried by 4 -0 voice vote, Councilmember Ferguson absent. The time was 12:10 a.m. Mayor