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HomeMy WebLinkAboutMIN 1986 1222 CC ADJMINUTES OF THE CITY COUNCIL Moorpark, California December 22, 1986 The adjourned regular meeting of the City Council of the City of Moorpark, California was held on December 22, 1986, in the Council Chambers of City Hall. 1. CALL TO ORDER The meeting was called to order at 7:30 p.m. by Mayor Thomas Ferguson. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Eloise Brown. 3. ROLL CALL: Present: Councilmembers Danny Woolard, Eloise Brown, John Galloway, Clint Harper, and Mayor Thomas Ferguson. 4. 5. 6. 6.A. Steven Kueny, City Manager; Scott Field, Assistant City Attorney; Patrick Richards, A.I. C.P. , Director of Commu- nity Development; R. Dennis Delzeit, City Engineer; Lt. Mike Brown, Sheriff's Department; Thomas Genovese, Administra- tive Assistnat; Gerald Forde, Administrative Assistant; and Maureen W. Wall, City Clerk APPROVAL OF MINUTES: There were no Minutes presented for approval. PROCLAMATIONS, COMMENDATIONS, SPECIAL PRESENTATIONS: There were none. PUBLIC COMMENTS: Mr. Bruce Tackman, 20869 Plummer Street, Chatsworth, of Kavlico Corporation, asked that their Certificate of Occupancy be issued since only three items remained incomplete; the street lights along Los Angeles Avenue needed to be installed; the landscaping work was commencing and most of the plants had been received; and sign -off from the Water and Sanitation Department was scheduled to take place December 23, 1986, at 8:00 a.m. Kavlico needs to commence the move into their new building during their shut -down period; December 24, 1986 to January 5, 1987. Council concurred to add this matter to the agenda as item 11.K. 6.B. Mr. Tom Montgomery, 13076 East Mesa Verde Drive, spoke in favor of a swimming pool in the Palmer development. He also felt Council - member Galloway had a conflict of interest in the matter. 6.C. Mr. Steve Gains, 13208 Quail Summit, felt it would be nice to see the park with a pool in the Palmer development. He felt a pool costs a lot of money which the City could not afford to pay. Affordable housing in the City is also needed, he said. 6.D. Barbara Gains, 13208 Quail Summit, said it would be nice to have a park and a pool in the downtown area for the convenience and enjoy- ment of children. The project, she felt, is attractive and does offer Minutes of the City Council Moorpark, California 2 December 22, 1986 affordable housing. The land is zoned for high density and should be allowed to be developed as high density. 6. E. Also in support of the pool was Mr. William Hancock of 4208 Country Meadow Street. He also presented a list of other citizens who support- ed the pool to Council . 6. F. Citing it would be a nice addition for the children, Jane Choy of 4389 Butterfield Lane, spoke in favor of the pool. 6. G. A pool would be an asset to the community; a nice family activity, said Mr. Richmon Deas of 13092 Williams Ranch Road. 6.H. Mrs. Patricia Arambula, 320 Ruth Avenue, a long -time resident of the City, commented it would be nice to have a pool. 6.I. Karen Cruz, 520 Moorpark Road, supported the Palmer project. The citizenry is in need of a local place to swim. The project would be a nice addition to the City. 6.J. Although the project merits must still be reviewed, Mr. Ray Stuehrmann of 723 Charles, felt it would be nice to have a pool in the City with little or no cost to the City. 6.K. Mr. Dan Palmer, 11740 San Vicente #208, Los Angeles, apologized for the lateness of his second proposal. He said he was glad to hear all of the public support of his development with the proposed pool. He stated he would like to work out something with the Council so that he might continue with his latest proposed project. Patrick Richards stated that there would need to be a major rewrite and recirculation of the Palmer document which would take at least 90 days. Councilmember Woolard commented the pool would generate even more traffic and traffic concerns were a major reason why the project was denied. He also pointed out that staff, the Planning Commission and the City Council had denied the project. Council should be clear they are looking at a proposed development, not a municipal pool for the City. Councilmember Harper suggested a pre- screening process which would allow a streamlined approach to projects submitted to the Planning Commission and later to the City Council. Major requirements for a project could be clearly defined to a developer during this pre- screening phase. MOTION: Councilmember Brown moved to direct staff to look into a pre- screening process with Mr. Palmer's project and then bring the matter before the City Council. The motion died for lack of a second. The following motion was then heard: MOTION- Councilmember Harper moved and Councilmember Brown seconded a motion to direct the City Manager to bring a report to the January 21, 1987, meeting of the City Council which would outline the pros and cons of a pre- screening process, and the options that are available to the Council Minutes of the City Council Moorpark, California 3 December 22, 1986 in regards to the Palmer project. The voice vote was unanimous. 10. COMMENTS FROM COUNCILMEMBERS: 10.A. Appointments to the Ad Hoc Design Standards Committee: This item was continued to the January 7, 1987 meeting. 10.B. Appointment of VotinLr DeleLrates for the California Contract Cities Asso- ciation: It was the consensus of Council to designate the Mayor as the voting delegate to the C . C . C . A . with the remaining Councilmembers as alter- nates. 10. C. MOTION: Councilmember Galloway moved that the Director of Community Development notify Council of all new residential projects as they are received and review them for completeness prior to their being deemed complete and accepted. Councilmember Woolard seconded the motion. The motion was withdrawn by Councilmembers Galloway and Woolard. Council concurred. 10.D. MOTION: Councilmember Galloway moved to direct staff to create a special revenue account to hold public as well as private sector contributions to finance the pool. Any funds remaining after the pool's construction would be used to finance other recreation amenities. Councilmember Woolard seconded the motion. Discussion ensued. Councilmember Brown felt the Parks and Recreation Commission should have a voice in the creation of the special account. Councilmember Galloway felt this account would both satisfy the citizen's request for a municipal pool as well as keep the pool from being tied to any particular development in the City. Councilmember Harper felt the account was a good item. Councilmember Woolard said the account could be set up now, and then referred to the Parks and Recreation Commission for their decision on how the account would work, etc. Also, by setting up the account now, private contributions could be made prior to the year's end as a tax benefit. AMENDMENT TO THE MOTION: Councilmember Woolard then amended the original motion presented by himself and Councilmember Galloway. Councilmember Galloway concurred to add that an appropriation be made from Quimby funds to the new pool construction account. On a voice vote, the motion as amended was approved unanimously. 11. STAFF REPORTS/ RECOMMENDED ACTION ITEMS: 11.1). Ad Hoc Tree Preservation Committee: After directing the committee to prepare tree preservation measures for Council's consideration, the following people were named to serve on the committee: Tom Baldwin, Chairman; Cheryl Zemont; John Wozniak; Jackie Butcher and Councilmember John Galloway. Redevelopment Survey Area Committee: The following people were appointed to this committee: Glen Schmidt, Tom Schleve, Eve Braun, Dale Whitacker, Anne Peters, Curran Cummings, Kathe Amador, and Councilmember Clint Harper. THE COUNCIL THEN RECESSED 15 8:40 p.m. and reconvened at 9:05 p.m. Minutes of the City Council Moorpark, California 4 December 22, 1986 11. E. Employee Medical Plan: Administrative Assistant Thomas Genovese gave the staff report. MOTION: Councilmember Galloway moved to direct staff to proceed with the purchase of the Health Plan as proposed by City staff. Council- member Brown seconded the motion. The motion was approved unanimously on a roll call vote. 11.I. Youth Arts Experience 187: MOTION: Councilmember Harper moved to approve staff's recommended action of approving the City's participation and directing staff and the Parks and Recreation Commission to formalize plans to participate in the county -wide event and added that funds would be appropriated in the amount of $750. The motion was seconded by Councilmember Woolard, and on a roll call vote, was approved unanimously. 12. STAFF REPORTS/ INFORMATION ITEMS: 12.A. Truck Traffic on Peach Hill Road: This informational item was presented by the City Engineer. Lt. Mike Brown confirmed his department had been notified of the restrictions placed, and that truckers were generally complying. Mr. Delzeit will let CouncilmemberBrown know what construction hours are within the City. 12. B. Spraying of California Pepper Trees: Mr. Forde gave the staff report. Staff will look at all of the City's trees and spray as needed. The Ad Hoc Tree Preservation Committee will give a report along these lines in the future. Mr. Forde, will inform them of this request. 11.K. Kavlico Corporation's Request for a Certificate of Occupancy: Patrick Richards commented it would be an extraordinary event to grant a Certificate of Occupancy when several conditions have yet to be met. As long as other agencies involved have no objections, he would recommend the City enter into an agreement with Kavlico. This would ensure all outstanding items would be taken care of in a timely fashion. The agreement would include: 1) a specific time period for the conditions to be completed; 2) a provision for a $30,000 cash deposit in the form of a trust; 3) a $1,000 a day penalty clause for failure to perform within the specific time period; 4) a hold harmless clause in favor of the City; 5) staggered work hours subject to approval by the City Engineer; and 6) a barrier at the bridge in a form specified and approved by CalTrans and the City Engineer. Councilmember Harper questioned the inclusion of the barrier since it was not included in the original conditions. Mr. Delzeit responded there is no physical barrier between the curb and the bridge which could keep a vehicle out of the ditch should an accident occur. He placed the approximate cost of the barrier at $1500. Councilmember Galloway questioned the staggered work hours condition. City Engineer Delzeit responded this condition would alleviate some of the traffic congestion since there are no traffic lights. Hopefully, these hours would not correspond with peak morning and evening hours. The hold harmless clause would be in effect to cover our liability exposure in the event an accident occurred prior to all conditions being met. Minutes of the City Council Moorpark, California 5 December 22, 1986 Mr. Fred Kavli, 20869 Plummer Street, Chatsworth, Chairman of Kavlico, felt the requirement of an agreement was totally unreasonable. He offered to put in a barrier/ guardrail. Mayor Ferguson stressed the City was willing to work with Kavlico to allow them to move into their building. Michael Gibson, 20869 Plummer Street, Chatsworth, President of Kavlico, commented they should be allowed to occupy their building without an additional agreement. Other items of concern to the City were unfinished items contained on the Grading Plan of the project. MOTION: Councilmember Brown moved to grant the Certificate of Occupancy effective December 26, 1986, subject to execu- tion of an agreement which will contain; 1) a 60 -day specific time period; 2) completion of landscaping; 3) if required by CalTrans, a barrier built to their satisfaction; 4) a hold harmless clause in favor of the City; and 5) completion of sidewalks, striping and other similar items previously conditioned and as yet not completed. Councilmember Galloway seconded the motion. MOTION TO AMEND: It was suggested the motion be amended to reflect the following additional concerns: 1) Kavlico would be required to pay for all administrative costs incurred in the preparation of the agreement in an amount not to exceed $500; 2) a one -time 30 -day extension provision which could be granted by the City Manager; and 3) subject to approval as to form by the City Attorney and the City Manager, the Mayor is authorized to execute the agreement. Councilmembers Brown and Galloway concurred to amend their original motion. The motion as amended was unanimously approved. 11.G. Proposed Transfer of Cable Television Franchise from Storer to Western Communications: Councilman Harper commended staff on a job well done. Mr. Michael Kemp, President of Ventura County Cable also commended staff. MOTION: Councilmember Brown moved for the acceptance of Resolution 86 -363 with minor changes. Councilmember Harper seconded the motion which was approved unanimously on a voice vote. The ad hoc committee involved was instructed to proceed with the renewal of the franchise agreement. 11.J. Amendments to the "Brown Act": Discussion ensued regarding additional posting locations. The City Manager will follow -up on Council's suggested posting sites. He will also look into which advisory bodies must comply to these latest Brown Act amendments. Minutes of the City Council Moorpark, California 6 December 22, 1986 Councilmember Woolard asked that the library still receive a full packet. MOTION: Councilmember Harper moved to direct staff to ensure amendments to the Brown Act regarding information to be contained on the agenda were complied with; designated the glass enclosed bulletin board on the patio of the Community Center as the one location for the required agenda posting; designated the City Clerk and all duly appointed Deputy City Clerk's as the official responsible for posting of the agenda; and also to direct the City Clerk to maintain a file containing a certificate certifying the proper posting of agendas; and that staff would report back on the placement and location of other posting sites. Councilmember Brown seconded the motion which was approved unanimously on a voice vote. 12. C. Descriptions and Responsibilities for City Positions: MOTION: Councilmember Galloway moved, and Councilmember Brown seconded a motion to receive and file the report prepared by staff. The motion passed unanimously on a voice vote. 12.D. Estimated Quantities of Dirt Needed for Senior Citizens Center and Railroad Property Sites: This informational item was received by Council. 12. E. Meeting with Historical Society and Boys and Girls Club: Councilmember Harper suggested the school district might be able to relocate a portable unit to the Flory school site for use by the Boys and Girls Club. Staff will formally approach Superintendent Slater. This item was informational only. 12.F. Widening of Highway 118 and Bridge Requirement by Kavlico (DP -318: Report by the City Engineer was received and filed. 15. ADJOURNMENT: The meeting was adjourned at 11:32 p.m. APPROVED: d Tfioffias Ferguson, May6r City of Moorpark ATTEST: Maureen W. Wall, City City of Moorpark