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HomeMy WebLinkAboutMIN 1987 0107 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California January 7, 1987 A regular meeting of the City Council of the City of Moorpark, California was held on January 7, 1987, in the Council Chambers of City Hall of said City, located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: The meeting was called to order at 7:10 p.m. by Mayor Thomas Ferguson. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Woolard. 3. ROLL CALL: Present: Councilmembers Eloise Brown, John Galloway, Clint Harper, Danny Woolard, and Mayor Thomas Ferguson. Steven Kueny, City Manager; Cheryl Kane, City Attorney; Patrick Richards, A.I.C.P., Director of Community Develop- ment; John Knipe, Assistant City Engineer; Lt. Mike Brown, County Sheriff's Department; Thomas Genovese, Administrative Assistant; Gerald Forde, Administrative Assistant; and Maureen W. Wall, City Clerk. 4. APPROVAL OF MINUTES: 4.A. Councilmember Brown requested her motion on item ll.D. be amended to reflect her intention that the Annual Christmas Tree Lighting Ceremony be indicated on the City Calendar immediately. 4.C. Councilmember Brown requested her concern on item 9.C. include mention of the rough surface caused by the new lines placed on Moorpark Road. 4.D. Staff asked that these Minutes be deferred. 4.F. Staff asked that these Minutes be deferred. MOTION: Councilmember Harper moved that the Minutes of the Adjourned Meeting of November 24, 1986 and the Minutes of the Adjourned Meeting of December 17, 1986, be approved as recorded; that the Minutes of the Regular Meeting of November 17, 1986 be approved as amended, and the Minutes of the Adjourned Meeting of December 5, 1986, be approved as amended; and that the Minutes of the Regular Meeting of December 15, 1986, and the Minutes of the Regular Meeting of December 22, 1986, be deferred. Councilmember Brown seconded the motion which was approved unanimously on a voice vote. 5. PROCLAMATION, COMMENDATIONS /SPECIAL PRESENTATIONS: S.A. Presentation by Southern California Edison Company - H. J. Robings: Mr. Robings presented a plaque on behalf of SCE's Board of Directors, officers and employees which commemorated the company's centennial anniversary. He stated the City of Moorpark has played a significant and important role in the Company's history. In 1957 the City's lights were darkened and then relit by electric energy provided by nuclear power. Minutes of the City Council Moorpark, California 2 January 7, 1987 Mayor Ferguson thanked Mr. Robings on behalf of the City Council and commented on the attractiveness of the plaque. S.B. School Impact Fees Legislation, Chapter 887 of 1986 Statutes - Moorpark Unified School District - Superintendent Michael R. Slater and Assistant Superintendent Tom Duffy: Mr. Duffy gave a briefing on new legislation and what it will means to school construction in Moorpark. The district is currently in the process of holding public informational meetings to let the public know of their power to assess developers to assist in the construction of school facilities, and what those fees will be. Councilmember Galloway asked if the new legislation was retroactive. Mr. Duffy responded that it was not. 6. PUBLIC COMMENTS: 6.A. Mr. Joe Intiso, 15750 Los Angeles Avenue, protested there had been no action on his requests to discuss cable television concerns. He felt rates will certainly go up now that the franchise has been transferred, and that the citizens should have had more of a voice in the franchise transfer process. 6.B. Mrs. Phyllis Mason, 437 Shasta, was concerned the pool in the latest Palmer proposal has become the issue without regard to the increased density and traffic in the area. Quimby funds as well as private contributions should be used to construct the pool. 6.C. Ethel Sulkis, 270 Sierra Avenue, stated she was not against a pool for Moorpark, however a better location might be near the high school which would also benefit the school district. In the proposed project location, she felt the priority should be a park, not a pool. 6.D. Barbara Withers, 188 Shasta, was not opposed to the pool, but to the density which would add to the current traffic congestion in the area. She favored a change from high density to low density or parkland for the proposed project site. 6.E. Terry Mires, 689 East Los Angeles Avenue, stated she was concerned the high density project location isn't good for public safety concerns. The pool, she felt, was a good idea, but the Palmer development site was the wrong location. 6.F. Cynthia Hubbard -Dow of 187 Shasta Avenue also liked the idea of a muni- cipal pool for the city, but not at the Gisler field location. Perhaps that location could be rezoned for a park with a pool. She asked the Council to keep the residents in mind during further presentations by Mr. Palmer concerning his proposed project. 6.G. Beulah I. Hayden, 538 Sierra Avenu a municipal pool had been defeated to maintenance costs. Had Council costs? She also told Council that imity of the railroad tracks might at the proposed Palmer development e, reminded Council one of the reasons by the citizens in the past was due considered how they would pay for these the vibrations caused by the close prox- damage the walls of the swimming pool, site. Minutes of the City Council Moorpark, California 3 January 7, 1987 7. CONSENT CALENDAR: 7.A. Approval of Warrant Register: Councilmember Harper moved, and Councilmember Brown seconded a motion to approve the Warrant Register as presented. On a voice vote, the motion passed unanimously. 8. PUBLIC HEARINGS: 8.A. ADDeal of a Newsrack Permit Authoritv Decision by the Moorpark Mirror: Mr. Patrick Richards, Director of Community Services, gave the staff report. Upon inquiries by the Council, Mr. Richards stated that violations by other companies had been successfully mitigated by city staff. He will look into a possible violation by the owner of a "blue" newsrack mentioned by Councilmember Brown during discussion. Mr. Dan Schmidt, editor and publisher of the Moorpark Mirror, P.O.Box 3, accused the Council of trying to regulate his newspaper. It was his opinion that the Council had spent too much time regarding the regulation of newsracks. He also felt the Council was trying to deter criticism of the City Council by the Mirror through enforcement of the ordinance. Through a point of order request by Councilmember Woolard, Mr. Schmidt was asked to address the issue of his lack of compliance with the ordi- nance; in particular, his lack of providing the City with the required insurance certificate. Councilmember Woolard questioned whether Council - members Harper and Brown might have a conflict of interest since they regularly write for the Moorpark Mirror. Mr. Schmidt responded large newspapers can afford to pay for insurance, but he is small and only publishes once a week. He felt he should not have to supply a $50,000 certificate of insurance when he only has one newsrack. Councilmembers Galloway and Harper questioned whether or not Mr. Schmidt's complaints were with having to supply the insurance, or over the merits of the ordinance itself. Mr. Schmidt responded he had problems with the ordinance itself. Mayor Ferguson commented the original intent of the ordinance had been to prevent certain undesirable publications from coming into the City. He felt Council should consider the merits of the ordinance at another meeting. Councilmember Brown asked that other violations be taken care of, and if not, then she would like to see those brought before the Council also. Mr. William E. Mason, 437 Shasta, told the Council that other newspapers had no problem complying with the City's ordinance, even those that also only published once a week. He felt if it was the law, then it should be enforced; if it needed to be changed, then that should happen. He also stated that Mr. Schmidt should be held accountble like other news- papers. AT THIS POINT, COUNCIL RECESSED at 8:20 p.m., and reconvened at 8:41 p.m. The Public Hearing ws closed. Councilmember Harper announced that his position with the Mirror was not Minutes of the City Council Moorpark, California 4 January 7, 1987 a paid position, therefore, he had no conflict of interest. He uses his articles for the Mirror as a forum for the citizens. Councilmember Brown stated that she also does not receive payment for articles written for the Mirror. She stated she used the articles as a forum and could use letters to editors of other newspapers for the same benefit. Councilmember Galloway felt it was Council's job to uphold the laws of the City, even those he personally disagreed with. A review of this, as well as other ordinances of the City, might be in order. Councilmember Harper agreed, further stating that the Mirror was in violation of the ordinance. The insurance requirement will no doubt affect smaller news- papers more than larger newspapers. Perhaps the City should review what other cities in the area are doing regarding newsracks regulation. The following motion was then heard: MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to uphold the decision of the permit authority and require the Moorpark Mirror to provide the Certificate of Insurance in accordance with Section 16.030.(4) of Chapter 14 by February 7, 1987. The voice vote carried with Councilmember Woolard voting no. MOTION: Councilmember Harper then moved, and Councilmember Brown seconded a motion to review and discuss the merits of the ordinance at the regularly scheduled meeting of February 4, 1987. On a voice vote, the motion carried with Councilmember Woolard voting no. 9. ORDINANCES /RESOLUTIONS: 9.A. Ordinance No. 86 Amending the Zoning of Certain Properties - Everett Braun (Zone Change ZC- 2811): Mr. Richards presented the staff report. MOTION: A motion to approve the reading of Ordinance No. 86 in title only was made by Councilmember Harper, seconded by Councilmember Brown, and approved unanimously on a voice vote. MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to approve the ordinance for introduction and first reading. The voice vote was unanimous with City Attorney Kane declaring the ordinance introduced and read. 9.B. Resolution No. 87 -364 Adopting the Safety Element of the General Plan of the City of Moorpark: Mr. Richards gave the staff report. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to approve the resolution as presented. The motion was approved by an unanimous voice vote. 9.C. Resolution No. 87 -365 Authorizine the Placement of a No Parkine School Bus Sign on the South Side of Campus Park Drive: Administrative Assistant Gerald Forde gave the staff report. He stated he had been in contact with the City Engineer, Lt. Brown, and residents in the area. All felt there would be no impacts. MOTION: Councilmember Harper moved and Councilmember Galloway seconded Minutes of the City Council Moorpark, California 5 January 7, 1987 a motion to approve the resolution as presented. The motion was approved by an unanimous voice vote. 9.D. Resolution No. 87 -366 Establishing the Classifications of Director of Administrative Services and Director of Community Services: MOTION: On a motion by Councilmember Harper, seconded by Councilmember Galloway, the resolution as presented was approved by an unanimous voice vote. 10. COMMENTS FROM COUNCILMEMBERS: 10.A. Appointments to the Ad Hoc Design Standards Committee: The following appointments were made to the committee as indicated below, and received a consensus of Council: Appointee: By Councilmember: Al Prieto Councilmember Harper Bruce Tackman Councilmember Brown Cynthia Todd Councilmember Galloway James Hartley Mayor Ferguson Wayne Jones Councilmember Woolard 10.B. Councilmember Galloway asked that the Council make the Highway 118 and freeway connector a number one priority; even that the Council would become activists on the issue. The City Manager indicated the City Engineer's office is currently preparing a report regarding an engineering analysis of the alternate route. Councilmember Galloway suggested the Council work as a team to lobby for completeness of the project and make necessary telephone calls, etc. Mayor Ferguson reminded the Council that Councilmembers Woolard and Harper have been appointed to represent the City. Responding to Councilmember Harper's concern that we form a unified policy to present to the State, City Manager Kueny suggested council direct the committee to have a strategy meeting and return to the Council with their thoughts. Councilmember Harper asked that this meeting occur prior to January 21, 1987, the next Council meeting. 10.C. Councilmember Brown suggested the City be represented at a CalTrans meeting in Thousand Oaks where the Freeway 101 Project is to be discussed. It was the Councilmember's concern that Moorpark would become an alternate route with little or no information on the matter. The City Manager will direct the City Engineer's Department to obtain what information they can on the item from CalTrans and present a report to Council at their next meeting. 10.D. Councilmember Brown was also concerned that rubbish collection was going on in the Peach Hill area too early. Lt. Brown will investigate. 10.E. Councilmember Brown reported there was going to be a rate increase for garbage collection in a part of the City effective February 1, 1987. She asked staff to look at possibly franchising garbage collection. 10.F. Councilmember Brown understood the City Engineer's Office felt the formula used to assess maintenance fees to commercial people was flawed. If this is true, shouldn't the City look at refunds when appropriate? Minutes of the City Council Moorpark, California 6 January 7, 1987 10.G. Councilmember Brown asked how much longer mud would be on Moorpark Road? 10.H. Councilmember Woolard reminded Council the connector is the State's responsibility, and that we are working on the alternate. He asked staff to direct a letter to CalTrans to be sure our having an alternate route will not affect the connector schedule or halt the work in any way. Councilmember Galloway felt we should ask that CalTrans guarantee not to move anything else ahead of the connector project, even if they couldn't guarantee that the alternate route would have no affect on the current schedule. 10.I. Councilmember Harper has heard that the street names, Moorpark Avenue and Moorpark Road, are confusing to emergency services personnel. He suggested staff look into possibly changing one of the names and report to Council in the near future. Councilmember Brown thought this might be a matter to refer to the Design Standards Committee. Staff was directed to report back to the Council on this matter. 10.J. Mayor Ferguson inquired whether or not the Tree Preservation Committee was looking at the Second and Third Street trees. Mr. Kueny said staff is gathering cost information concerning saving some of those trees and will report to Council. 11. STAFF REPORTS /RECOMMENDED ACTION ITEMS: 11.A. Set a Public Hearing on Appeal No. 11 -LDM -9 (G.H. Palmer Associates) for an Adjourned Meeting on January 14, 1987, at 7:00 p.m.: Mr. Richards reported the applicant requested that the Hearing set for January 14, 1987, be continued to January 21, 1987, and he would so recommend. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to concur with the applicant and continue the Public Hearing on this appeal to January 21, 1987. On a voice vote, the motion was approved unanimously. 11.B. Landscape Agreement with Moorpark Le Club, Ltd., for Maintenance re: Authorize Mayor to Execute Agreement: Mayor Ferguson asked if there was to be a fence at the location parallel to the road. Mr. Richards responded that there was to be a wall of some type. MOTION: Councilmember Harper moved and Councilmember Galloway seconded a motion to approve the agreement and authorize the Mayor to execute the agreement on behalf of the City. On a voice vote, the motion was unanimously approved. 11.C. Refund of program Deposit to Pardee Construction Company and U.S. Condominium re: Proposed Single Family Mortgage Revenue Bond Issue: MOTION: Councilmember Brown moved to authorize termination of the Program Deposit Agreements with Pardee Construction and U.S. Condominium and return of the program deposits for the proposed 1986 Single Family Mortgage Revenue Bond Issue, less $100 from each of their deposits. Councilmember Harper seconded the motion which was unanimously passed on a voice vote. Minutes of the City Council Moorpark, California 7 January 7, 1987 11.D. Tierra Rejada Road and Bridge Construction Regarding Authorization to Proceed with Establishment of an Area of Benefit: Councilmember Brown asked whether or not Southern California Edison or the Moorpark Unified School District could be part of an Area of Benefit (AOB). Mr. Keuny responded that he thought they would be precluded. Mr. Bruce McBride, 4007 Doneva Road, felt the Area of Benefit was ridic- ulous. The bridge would be a benefit and an asset to the entire community. As a homeowner in the area, he doesn't use the present bridge, why should he pay for a new one? He thought an AOB might be formed to build the community pool. Mr. Kueny explained that an AOB applies to undeveloped areas of land, not current or existing developments. Mayor Ferguson asked whether or not staff felt 50% or more of the landowners in the area would approve the AOB. Mr. Kueny responded that once the costs have been broken down, staff was confident we would receive less than 50% protests. He reminded Council that AOC funds would pay for the bridge and its related costs. The project would include bridge, channel and road improvements, rights -of -way acquisition, a traffic signal needs to be installed, and there are some utilities which need to be relocated. Those monies expended by the City for the AOB are reimbursable from benefiting property owners that develop at a later date. MOTION: Councilmember Harper moved to direct staff to proceed with creation of an "Area of Benefit ", accept the City Engineer's proposal at a cost not to exceed $4,787 for services necessary to create the AOB, appropriate $8,000 from the Tierra Rejada /Moorpark Road AOC funds, and direct the Public Works Committee to work with City staff and affected property owners on matters cncerning the AOB proceedings. The motion was seconded by Councilmember Galloway. On a voice vote, the motion was unanimously passed. 11.E. Status Report on Available Funds in Park Improvement Funds: Mr. Tom Genovese, Administrative Assistant, gave the staff report. Mayor Ferguson asked if the monies could be used to develop parks in other areas first, if they were ready to be developed. Mr. Genovese responded that the present process does allow for that deviation. Mr. Kueny further explained that money from one area could not be used to develop a neighbor- hood park in another area, but the order in which the parks would be developed is subject to change according to need. Councilmember Galloway commented the guidelines and framework for the allocations was sufficient. However, he asked that the 69 -acre park site be given a name so as not to confuse it with the heading "community_ park" in the Park Improvement Funds report. MOTION: Councilmember Harper moved to refer the policy regarding distribution of parkland lease revenue and RPD funds and review of the Schedule of Obligations of Park Development Funds to the Parks and Recreation Commission for recommendations to the Council, and also that any direction to staff regarding allocation or use of funds be deterred until the joint meeting of the Council and the Parks and Recreation Commission. The motion was seconded by Councilmember Brown and approved unanimously on a voice vote. ll.F. Request by Parks and Recreation Commission for a Joint Meeting with the City Council: The joint meeting will be held on January 26, 1987, at 7:30 p.m. Minutes of the City Council Moorpark, California 8 January 7, 1987 Areas of discussion will be placement of Parks and Recreation agenda items on the City Council Agenda, staff time allocation, special fund for commissioners discretionary expenditure, review of the Parks Work Program and prioritizing that program, staff follow -up on items from the Commission to the Council, downtown area park, municipal swimming pool, Park Improvement Fund, and suggested names for the community park. ll.G. Budget and Finance Committee Review of Warrants: Mayor Ferguson commented that all members of the City Council should review the Warrant Register. Councilmember Brown felt that at least one member should be responsible for review prior to the final Warrant Register being compiled. Councilmember Harper felt the intent was that at least one councilmember would look at the detail and would offer assurance that review had been accomplished prior to publication in the agenda. MOTION: Councilmember Brown moved to direct that at least one member of the Budget and Finance Committee would review the detail to the warrants prior to each regular Council meeting as time permitted, in the event there was not sufficient time for a committee member to review the detail, then another member of the council would be asked to do so. The motion was seconded by Councilmember Galloway and unanimously approved on a voice vote. 11.H. Multi- Purpose Room Partitions - Possible Purchase: Mr. Gerald Forde, Administrative Assistant, gave the staff report. Council - member Harper had heard that revenues from rentals had been lost due to the Council dais being the backdrop in the multi - purpose room. He also commented the partitions would protect the equipment and furniture being used for Council and Commission meetings. Councilmember Brown felt the Parks and Recreation Commission should be somewhat involved in the selection of the partition color and the manner in which they would be installed. Upon further questions by Council, Mr. Forde explained the dais would be moved to the rear of the stage, and the partitions would be installed between a valance and the floor rather than hanging suspended from the ceiling. The panels of the partition would be 8' in height. Care will be taken to blend any remodeling necessary with the interior of the multi- purpose room. MOTION: Councilmember Harper moved to authorize the purchase of Trend Partition Company, Kwik -Wall #711 at a cost of $6,973, that $7,000 be appropriated from the General Fund Reserve Account to purchase the partitions, and that staff be authorized to select a color which would be compatable with the existing colors in the multi - purpose room. Councilmember Galloway seconded the motion. Councilmembers Galloway and Harper concurred to amend their motion to include that the color selection would receive the concurrence of the Parks and Recreation Commission's Community Center Sub - Committee. On a voice vote the motion passed unanimously. 12. STAFF REPORTS /INFORMATION ITEMS: 12.A. K -9 Service Availability to the City of Moorpark: Lt. Brown reported that K -9 service is now available to the City of Moorpark at no additional cost to the City. Minutes of the City Council Moorpark, California 9 January 7, 1987 12.B. Donation by Kavlico to the Municipal Pool Fund: Councilmember Harper commended Councilmembers Galloway and Brown for their assistance in the arrangement of the donation to the pool fund. 12.C. Signal Warrant Study for Los Angeles Avenue - Tierra Rejada Road Inter- section: Staff reported the traffic signal design is currently in progress. The report was received and filed. 13. FUTURE AGENDA ITEMS: The following items were brought forward by various members of the Council for inclusion on future agendas: 1) the Calabasas detour concern, 2) possible Moorpark Road or Moorpark Avenue name change, 3) the trees on Second and Third Streets, 4) Brown Act concerns and direction including comment by the City Attorney on which committees this act would apply to, 5) a possible joint meeting with the Planning Commission, 6) the Palmer Appeal, 7) the possibility of establishing a business license process and 8) adjourning the January 21st meeting of the Council to the joint meeting of the Council and the Parks and Recreation Commission on January 26, 1987, at 7:30 p.m. 14. CLOSED SESSION: None were scheduled. 15. ADJOURNMENT: MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to adjourn the meeting. On a voice vote, the motion passed unanimously. The meeting was adjourned at 10:50 p.m. by Mayor Ferguson. ry T mas C. Ferguson, May, r City of Moorpark ATTEST: Maureen W. Wall, City Cler City of Moorpark