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HomeMy WebLinkAboutMIN 1987 0318 CC REGMINUTES OF THE CITY COUNCIL Moorpark,._ California _ _ _ _ _. _._ March 18, 1987 The regular meeting of the City Council of the City of Moorpark, California was held on March 18, 1987, in the Council Chambers of City Hall located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: The meeting was called to order at 7:10 p.m. by Mayor Clint Harper. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Perez. 3. ROLL CALL: Present: Councilmembers Eloise Brown, Thomas Ferguson, John Galloway, Bernardo Perez, and Mayor Clint Harper. Steven Kueny, City Manager; Cheryl Kane, City Attorney; Patrick Richards, Director of Community Services; Lt. Michael Brown, Sheriff's Department; Dennis Delzeit, City Engineer; Michael Rubin, Senior Planner, Gerald Forde, Director of Community Services; Thomas P. Genovese, Director of Administrative Services; and Maureen W. Wall, City Clerk. 4. APPROVAL OF MINUTES: The Minutes for the December 1, 1986 Meeting were approved as presented on a motion by Councilmember Galloway, seconded by Councilmember Brown, and an unanimous voice vote. 5. PROCLAMATIONS, COMMENDATIONS PRESENTATIONS: None were presented. 6. PUBLIC COMMENTS: 6.A. Mr. Jerry Robings, 2982 Calle Contento, Thousand Oaks, gave an informational presentation on the model smoking ordinance prepared by the Smoking Action Coalition of Ventura County. The coalition is asking the City to implement a smoking pollution control ordinance. Council asked that this request be placed on the April 1, 1987 agenda. 6.B. Mr. Ronald Ockander, DLV Investments, 1560 Upper Ranch Road, Westlake Village, owner of Park Lane Center, asked the Council to consider eliminating the "No Parking Zones" in front of his center to take care of peak time usage. Council asked that this item be placed on the April 1, 1987 agenda. Minutes of the City Council Moorpark. California _ _ 2 _ _ _ _ March 11987 C. Mr. Roger Beaulieu, 14792 East Stanford Street, asked Councilmember Thomas Ferguson to step down from the Council. D. Mr. Ted Green, 15354 East Benwood Drive, spoke in support of Councilmember Ferguson. E. Mr. Jose De Sosa, 11243 Glenoaks Blvd., #1, Pacoima, CA, President of the Southern California Conference of the National Association for the Advancement of Colored People (NAACP), commented that Councilmember Ferguson's comments did a great deal of damage not just to the citizens of the City of Moorpark, but to other cities as well. He felt Mr. Ferguson should step down so that the City could move forward. F. Mr. John R. Hatcher, III, P. 0. Box 7645 , Oxnard, President of the Ventura County Chapter of the NAACP, stated the City should have an Affirmative Action program for city employees, and a Code of Ethics for the Council. Additionally, he felt Councilmember Ferguson's comments had been publicized throughout the nation, and mentioned he would be writing letters asking federal funds due the City be held until Mr. Ferguson steps down from the Council. He then asked Mr. Ferguson to resign. G. Mr. Joseph Latunski, 289 Casey Road, suggested City staff look into the possibility of acquiring the old Moorpark High School site for use as a downtown park. H. Mr. Steve Gaines, 13208 Quail Summit, read a letter written by Mr. Robert Felburg which stated support for Councilmember Ferguson. Mr. Gaines further stated that the words Mr. Ferguson spoke should never have been repeated by the press. I. Mr. Bruce Tackman, 14501 Los Angeles Avenue, of Kavlico Corporation, gave an update on the agreement between Kavlico and the City to obtain their permit of occupancy. They have completed all of the terms except some minor landscaping. The guard rail requirement has not been completed since Cal Trans has not responded to their request. They asked Council for an extension on their agreement. Mayor Harper and Councilmember Brown thanked Kavlico for allowing the City to store the kitchen equipment for the Senior Citizen Center at the Kavlico site. J. Mr. Don Fender, 14875 -C Campus Park Drive, commented a committee had been formed to recall Mr. Ferguson prior to his racial slur. K. Mr. Robert A. Felburg, 13699 Christian Barrett Drive, spoke in support of Councilmember Ferguson. L. Mr. Larry Wear, of the Public Employees Association of Minutes of the City Council Moorpark, California 3 March 18, 1987 Ventura County (PEAVC), asked that the employee union issue be heard as soon as possible. M. Mr. Tim Kinion, Councilmember Fer making trouble in N. Ms. Marci Butler, of Councilmember mistake. 6133 Darlene Lane, spoke in support of guson. He did not feel the NAACP should be the City. 6425 East Westwood Street, spoke in support Ferguson. She felt we should forgive his 0. Mr. Tony Aguilar, 12320 Avenida Colonia, spoke in favor of Councilmember Ferguson saying Mr. Ferguson may have spoke out of turn, but he did apologize. P. Ms. Mary Plant, 326 Second, felt the City should be able to take care of its own business without help from any outside agency or organization. Q. Mr. Bud Beers, 6891 North Westwood, spoke in favor of Councilmember Ferguson. He further stated Mr. Ferguson's apology meant a lot to him. R. Ms. Barbara Schultz, 116 Sierra Avenue, stated she did not appreciate Mr. Ferguson's remarks. S. Mr. Tom Zanic, 520 Broadway, Santa Monica, of Urban West Communities, invited everyone to attend the North Meadows Park dedication to be held on March 21, 1987. T. Mr. Jim Hartley, 5950 Gabbert Road, spoke against eliminating the "No Parking Zone" in front of the Park Lane Center. U. Mr. William F. Felburg, 447 Camino de las Colinas, Redondo Beach, commented he did not appreciate the statements of the representatives of the NAACP. V. Mrs. Jacqueline Green, 15354 East Benwood Drive, stated she accepted Councilmember Ferguson's apology and did not feel his resignation would cure everything. W. Mr. Richard Thomason, 4770 Avedon Road, asked the Council to do something about the high amount of truck traffic on Highway 118 which runs through the City. He further commented the voters should decide whether or not Councilmember Ferguson should be removed from office. Councilmember Ferguson stated he intends to make a decision in the near future, and that he will make a public statement when he is ready. Minutes of the City Council Moorpark.,_ California _ 4 March 18,L987 7. CONSENT CALENDAR: A. Approval of the Warrant Register: - Prepaid Warrants No. 4551 to 4586 $24,063.81 - Payable Warrants No. 4587 to 4626 $174,027.26 Councilmember Galloway asked that a list of account numbers be provided to aid in the review of the Warrant Register. He then moved to approve the Warrant Register as presented. The motion was seconded by Councilmember Brown and approved on a unanimous roll call vote. AT THIS POINT IN THE MEETING, Council recessed, the time being 8:40 p.m. The full Council reconvened at 9:16 p.m. 8. PUBLIC HEARINGS: A. Revision to the Grading Plan for Tract Nos._ 4170 and 3070 -4; U.S. Condominium Corporation. Adjustment to pad elevation grades causing 103,000 cubic yards to be readjusted on the subject site; adjacent to Campus Park Drive, Marquette Street and the future streets of Marymount, Queens Court, Cutter Circle, Loyola Street and Marquette Circle. The Planning Commission recommended denial of the request. The applicant asked that this item be removed from the agenda; Council concurred unanimously. B. Residential Planned Development Permit No. _ PD -1058; Glenhaven, Inc. Consideration of —a request to construct 22 single- family residences on a previously approved 22 lot subdivision (TR- 3306). The development is located on Inglewood Avenue between Peach Hill Road and the Southern California Edison Company easement. The Planning Commission recommends approval of the request subject to conditions of Planning Commission's Resolution No. PC -87 -123. Michael Rubin, Senior Planner, gave the staff report. This being a duly noticed Public [fearing, the floor was opened for public testimony. B -1. Mr. "Russ" Russell, 3240 San Ysidro Street, Camarillo, stated the majority of the homeowners are in favor of the three foot landscaped easement between their lots and the lots in his project; only three homeowners near Peach Hill Road are not. This would result in only one jog in the planting strip. The best method of handling the legality of the strip is for Glenhaven to handle it as a landscape easement. B -2. Ms. Linda Todd, 4305 Northwest Cloverdale, felt Inglewood Road should not have access to the Southern California Edison easement. She would also like to see a six (6) foot wall near Inglewood. B -3. Mr. Joseph Latunski, 289 Casey Road, inquired if this project Minutes of the City Council Moorpark LCalifornia _.__. 5 _ . March 18, 1987 had been awarded allotments out of 1987. Mr. Kueny responded the project has been approved, but this does not give them the right to pull building permits. Since no one else wished to address the Council regarding this item, the Public Hearing was closed and opened to Council discussion. Councilmember Perez felt the wall height should be six feet instead of five feet. Mr. Russell responded they would be willing to do whatever the Council directed regarding wall height. Mayor Harper questioned whether or not the landscape easement proposed would be a burden to the property owner. Patrick Richards, Director of Community Services, responded that the landscape easement would become a continuation of the lot and actually add area to the lot. Mayor Harper asked what would happen in the event the landscape easement was not maintained by the property owner. Mr. Richards responded it could be placed in the landscape maintenance district. MOTION: Councilmember Perez moved and Councilmember Galloway seconded a motion to require: 1) The planter at the westerly terminus of Inglewood Avenue shall be designed as specified by the Community Development Department. A decorative masonry wall, six (6) feet in height shall be provided at the end of the street. The wall shall be shown on the wall plan for the tract as required by Community Development Condition No. 14. Landscaping for the planter shall be included in the landscape plan as required by Community Development Condition No. 13. Lot 1 of Tract 3306 shall be placed in a Zone of Benefit with associated costs for inclusion into the district to be borne by the developer, so as to provide maintenance of the street planter; 2) The grading plan shall be revised to lower pads on Lots 21 and 22. Final approval shall be made by the City Engineer; and 3) a three (3) foot planting easement shall be granted to the adjacent property owners to the south where applicable and only if desired by the affected property owners, or a lot line adjustment shall be accomplished for the rear three (3) feet of the subject property to the adjacent property owners to the south. Whichever method is used shall be subject to the approval of the Community Development Director. On a voice vote, the motion passed unanimously. A second motion was then heard. MOTION: Councilmember Perez moved and Councilmember Brown seconded a motion to: 1) approve the negative declaration; 2) make the findings listed in the staff report dated December 10, 1986 as required by Section 8163 -3 of the code; and 3) direct staff to prepare a resolution conditionally approving this item for the Council's consideration at its next regular meeting with conditions of approval as recommended by the Planning Commission and modified by the Council. The motion passed unanimously on a voice vote. Minutes of the City Council Moor ap rk,_California_ 6 March 18, 1987 9. ORDINANCES /RESOLUTIONS: A. Ordinance No. 87. Second Reading and Adoption of an Ordinance declaring the need for a Redevelopment Agency to function, and declaring the City Council to be the Redevelopment Agency. A -1. Mr. Don Fender, 14875 -C Campus Park Drive, had some concerns regarding what might be torn down if the redevelopment agency were to be established. A -2. Mr. Joseph Latunski, 289 Casey Road, spoke against the formation of the redevelopment agency. There being no further public comment, the following motion was heard. MOTION: Councilmember Perez moved and Councilmember Brown seconded a motion to read the ordinance in title only and waive further reading of the ordinance. The voice vote was unanimous. The City Attorney then read the ordinance in title. MOTION: Councilmember Ferguson moved and Councilmember Perez seconded a motion to declare the ordinance read for the second time, and adopt the ordinance as read. The roll call vote was unanimous. 10. COMMENTS FROM COUNCILMEMBERS: A. Reorganization of the City Council: 1. Selection of a Mayor. 2. Selection of a Mayor Pro Tem. Mayor Harper turned the gavel over to the City Clerk. The City Clerk then called for nominations for the office of Mayor. Councilmember Perez nominated Clint Harper. Nominations were then closed. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to appoint Clint Harper to the office of Mayor. The voice vote was unanimous. The gavel was then returned to Mayor Harper. The floor was then opened for nominations for the office of Mayor Pro Tem. Councilmember Ferguson nominated Eloise Brown. Nominations were then closed. MOTION: Councilmember Ferguson moved and Councilmember Perez seconded a motion to appoint Eloise Brown to the office of Mayor Pro Tem. The voice vote was unanimous. B. Update__on activities of _ the Bicentennial_ Committee by Councilmember Brown. Minutes of the City Council Moorpark,_Cal i forn i a _ _ _ 7 _ __. _ _ March_18, 1987 Councilmember Brown gave a brief overview of the committee's goals adding a committee meeting was planned in the near future. C. Councilmember Brown asked when the tree ordinance would be coming to the Council. Jerry Forde, Director of Community Services responded the committee has met and is reviewing a model ordinance supplied by the City of Simi Valley. They will be meeting with the author of that ordinance to resolve some of their concerns. Once a draft ordinance has been prepared, it will go to the Community Development Department and the City Attorney for review. Mr. Forde anticipated the draft would be before the Council in April. D. Councilmember Brown commented there are still street signs on High Street which indicate Highway 118. Staff will follow up on this item. E. Councilmember Ferguson asked for an update concerning the progress of the Senior Citizens Center. Mr. Forde responded the commercial kitchen equipment had been purchased, and the project was on schedule. F. Councilmember Perez commented he was encouraged by a Highway 118 meeting which he attended. Councilmember Harper concurred. A written report concerning the meeting will be prepared by this sub - committee and distributed to the Council and all other interested persons. G. Councilmember Galloway asked if a Closed Session concerning personnel could be added to the agenda. City Attorney, Cheryl Kane, responded such a motion would take a 4/5 vote, and the need must have arisen after the posting of the agenda. The following motion was then heard. MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to add a Closed Session concerning Personnel to the agenda since the need arose after the posting of the agenda. The roll call vote was unanimous. H. Appointment to the Ventura Counter Arts_Commissio_n. It was the consensus of Council to continue this item until such time as members of the Council had an opportunity to talk with those interesting in serving on the commission. The item was continued until April 1, 1987. I. Appointment s) p the Citizens Transportation_ Advisory Committee (CTAQ. Council was informed by Mr. Bill Mitchell (the current appointee) that he was resigning from the commission, but was Minutes of the City Council Moore rk� _California__._ __ _ .._.___ __8 _ March 18, 1987 willing to serve until May. Council directed that a news release advertising the vacancy be issued and the matter brought back to the Council on April 1, 1987. J. League of California Cities' _City Council -City Manager Leadership Team Workshop. Councilmember Perez commented he felt this workshop would be a benefit for the City Council and the City Manager. By consensus of Council, this item was continued to April 1, 1987. 11. STAFF REPORTS /RECOMMENDED ACTION ITEMS: A. U.S. Condominium Corporation - Request for time extension of building permits. A staff report regarding a request to extend building permits. Staff Recommendation was to refer the matter to the Director of Community Development for determination on a case -by -case basis. At the request of the applicant, this item was removed from the agenda. B. Park Improvement Fund Distribution. As directed, the Parks and Recreation Commission reviewed the allocation formula for park improvement funds. Staff Recommendation was to approve the Parks and Recreation Commission's recommendations. Jerry Forde gave the staff report dated March 9, 1987. Councilmember Perez was concerned that monies received would have to be spent where land was available. The floor was then opened for public comment. B -1. Mr. Tom Baldwin, 6475 Pepperdine, Chairman of the Parks and Recreation Commission stated it was the Commission's intention to keep the "60/40 ". B -2. Mr. Joseph Latunski, 289 Casey Road, stated he wanted to see a downtown park as soon as possible. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to keep the same "60/40" distribution formula for the Park Improvement Fund; sixty (60) percent of monies collected in a zone would remain in that zone, while the remaining 40% of funds collected would be earmarked for community park facilities; and unappropriated Park Land Lease Funds currently held in the amount of $21,400, and future Park Land Lease Funds collected, will remain in their respective zones. The voice vote was unanimous. A second motion was then heard. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to leave decisions on the allocation of all Minutes of the City Council Moorpark, California_ _ 9 March 18.1987 residential planned development fees on a case -by -case basis. The voice vote was unanimous. C. Peach Hill Park Improvements. Consideration of awarding a construction contract for the completion of park improvements. Staff Recommendation was to award the contract to Val leycrest Landscaping, Inc., as the lowest responsible bidder, in an amount not to exceed $670,067. Jerry Forde gave the staff report. Councilmember Galloway commented it was his understanding the Parks and Recreation Commission was to cut the cost of the parks development. Councilmember Brown concurred. After determining there were two lighted ball fields planned (at Peach Hill Park and at the 69 -acre site), Councilmember Ferguson asked what was going to be left for the downtown park site. There being no further questions of staff, the Council opened the floor for public comments. C -1. Mr. Joseph Latunski, 289 Casey Road, was concerned that if Peach Hill Park was developed as currently planned, there would not be enough money left to develop a downtown park. C -2. Mr. Don Fender, 14875 -C Campus Park Drive, stated he thought the cost of developing Peach Hill Park was too high, and added the City needed a downtown park. Mayor Harper commented developing parks throughout the City was important, but stopping the development of the Peach Hill Park would be counter productive. The Council, he felt, was very concerned that parks would be developed in other areas of the City as soon as possible. C -3. Mr. Tom Baldwin, 6475 Pepperdine, Chairman of the Parks and Recreation Commission, stated it was the Commission's decision not to cut the scope of the park or the development costs of the park. C -4. Mr. Joseph Latunski, 289 Casey Road, spoke in opposition to the proposed installation of lights in the Peach Hill Park due to the high cost. It was his concern that monies expended at Peach Hill Park would limit the amount of monies which might be spent on the development of the 69 -acre park site. Councilmember Brown felt the Peach Hill Park site was being overdeveloped for a park of its size. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to direct staff to come back to the Council on April 1, 1987, with more precise information concerning the unit price per item on the construction bid. The voice vote was unanimous. AT THIS POINT OF THE MEETING, Council recessed, the time being 11:45 p.m. The full Council reconvened at 12:10 a.m. Minutes of the City Council Moorpark 10 _ _ _March 18,_1987 D. Community Park - 69-Acre Site. Consideration of a request to appropriate additional funds for Professional Services to prepare conceptual drawings for the community park development. Staff Recommendation was to approve the appropriation of funds. This item was continued to April 1, 1987. E. Consider a time extension for construction of subdivision improvements; PM- 3244- 1_(Moorpark Properties). The project is located on Los Angeles Avenue at Goldman Avenue. Staff Recommendation was to extend the time for completion of the subdivision improvements. Dennis Delzeit, City Engineer, gave the staff report dated March 10, 1987. There were no questions by Council. MOTION: Councilmember Ferguson moved and Councilmember Brown seconded a motion to extend the time for completion of the subdivision improvements for PM- 3244 -1 (Moorpark Properties) to six months following completion of the City's Los Angeles Avenue Widening Project or to June 22, 1988, whichever occurs first. On a voice vote the motion passed unanimously. F. Residential Development Management System. Consideration of a draft implementation process associated with the passage of Measure F. Staff Recommendation was to review and comment then forward the draft to the Planning Commission for the Public Hearing process. By consensus of Council, this item was continued until April 1, 1987. G. Acceptance of a_ Grant Deed for sidewalk within PD -1055 (Feller). This planned development is located on Moorpark Avenue near Highway 118. Staff Recommendation was to accept for public access the right -of -way as described in the Grant Deed. Dennis Delzeit gave the staff report. There were no questions by Council. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to accept for public access the right -of -way as described in the proposed Grant Deed and authorize the City Clerk to have said deed recorded at the County Recorder's Office. The voice vote was unanimous. H. General Plan Update. Consideration of a staff report concerning further progress towards updating the City's Land Use and Circulation Elements of the General Plan. Staff Recommendation was that Council set a date specific to discuss the scope of what the update should accomplish or set a date specific to receive public testimony. Minutes of the City Council Moorpark Cal ifornia 11 _ March 18,_1987 This item was continued to April 1, 1987. I. Liquor License Requests. A staff report regarding four (4) locations in the City requesting sale of liquor licenses and their present status in processing with the State Alcoholic Beverage Control Office. Staff Recommendation was to alert the Alcoholic Beverage Control Office of any concerns the Council might have. Patrick Richards gave the staff report dated March 10, 1987. There were no questions by Council. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to receive and file the report. The voice vote was unanimous. J. Consideration of Zones of Benefit for Lighting and Landscaping Maintenance Assessment District AD -84 -_and the Parks Maintenance Assessment District (AD-85-1). Staff Recommendation was to approve the general policy for Zones of Benefit. Steven Kueny, City Manager, presented the staff report. By consensus of Council, staff was directed to bring this item back with additional information concerning the spreading of costs and review by the Public Works Committee. 12. STAFF REPORTS /INFORMATION ITEMS: A. Information from the League of California Cities concerning Charter VS General Law Cities. Continued to April 1, 1987. B. Rubberized railroad crossings project history to date. Continued to April 1, 1987. C. Review of proposed pedestrian bridge across the Arroyo Simi and relating to a condition for PD -1010 (Palmer). Continued to April 1, 1987. 13. FUTURE AGENDA ITEMS: The following concerns were brought forth as future agenda items: Grimes Canyon street repair, response times for emergency vehicles, and the summit meeting for the freeway connector. 14. CLOSED SESSION: A. Personnel. MOTION: Councilmember Brown moved and Councilmember Ferguson seconded a motion to adjourn to a Closed Session to consider personnel matters under Government Code Section 54957. The roll call vote was unanimous. The time was 12:45 a.m. Minutes of the City Council Moorpark.—California _ _ 12 _ _ March 18, 1987 At 1:29 a.m. the Council came out of Closed Session. The following motion was then heard: MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to adjourn the meeting to March 21, 1987 at 9:30 a.m. The voice vote was unanimous. Clint D. Harper, Ph.D. Mayor ATTEST: