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HomeMy WebLinkAboutMIN 1987 0204 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California February 4, 1987 The regular meeting of the City Council of Moorpark, California was held on February 4, 1987, in the Council Chambers in the City Hall of said City, located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: The meeting was called to order at 7:12 p.m. by Mayor Ferguson. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Galloway. 3. ROLL CALL: Present: Councilmembers Eloise Brown, John Galloway, Clint Harper and Mayor Thomas Ferguson. Steven Kueny, City Manager; Cheryl Kane, City Attorney; Patrick Richards, Director of Community Development; Lt. Mike Brown, Sheriff's Department; Dennis Delzeit, City Engineer; John Knipe, Assistant City Engineer; Michael Rubin, Senior Planner; Bert Rapp, Senior Engineer; Gerald Forde, Director of Community Services; Thomas Genovese, Director of Administrative Services; and Maureen Wall, City Clerk. 4. APPROVAL OF MINUTES: 4.A. The minutes of the regular meeting of January 7, 1987 were approved on a motion by Councilmember Harper and seconded by Councilmember Brown. The voice vote was unanimous. 5. PROCLAMATIONS, COMMENDATIONS, SPECIAL PRESENTATIONS: There were none. 6. PUBLIC COMMENTS: 6.A. Joseph Latunski, 289 Casey Road, suggested the City should purchase the old Moorpark High School for use as a Civic Center. 6.B. Steve Brodsky, 4572 Vista del Valle, spoke in favor of the Planning Commission decision to require a six -foot fence in Tract No. 4037 ( Calprop). He also did not like the change of materials which Calprop wanted. 7. CONSENT CALENDAR: 7.A. Approval of the Warrant Register The warrant register was approved on a motion by Councilmember Brown, seconded by Councilmember Galloway. The roll call vote was unanimous. Minutes of City Council Moorpark, California 2 February 4, 1987 7.B. Approval of a City Manager - Approved Contract for a Recreation Leader III for the STAR CLUB, an After - School Program for Children The contract was approved on a motion by Councilmember Brown which was seconded by Councilmember Harper. The motion was approved by an unanimous roll call vote. 8. PUBLIC HEARINGS: B.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 Due to a request by the applicant, this item was continued to February 18, 1987. 8.B. Proposed Area of Benefit for the Improvement of Tierra Rejada Road, North and South of the Proposed Tierra Rejada Bridge The notice for the public hearing was published, the affected properties posted and the public hearing was called in the manner prescribed by law. Steven Kueny, City Manager, gave the staff report. Dennis Delzeit, City Engineer, gave the Engineer's Report. The Council had no questions of staff. The public hearing was then opened to the public. Mr. Gregory Weiler, 4000 MacArthur Boulevard, Newport Beach, Attorney for John Boething, spoke to the Council. It was his concern that the geographic area of the Area of Benefit (AOB) would only affect two property owners; Mr. Boething and Urban West. He noted the school site was not included, adding there should be a ration between the benefits enjoyed and the assessment imposed. A letter outlining his concerns was presented to the Council. Councilmember Harper asked why the High School was excluded from the AOB. Staff responded the High School has already been required to provide the improvements along the frontage of their project. Mr. John Boething, 23475 Long Valley Road, Woodland Hills, stated he intended to do a lot for the City's parks. His main objection to the AOB was the proportion of assessment to his property. Since there were no other Speaker Cards for the item, the public hearing was closed. After a brief discussion, the Council recessed at 7:52 p.m., and reconvened at 8:10 p.m. Councilmember Harper asked if the method of dividing the cost of the project on a linear front foot basis was equitable, or if the assessment should be made according to the number of units which coulc be placed on the property. Dennis Delzeit responded there must be a relationship between the assessment and the benefit received. The "linear method" is a fair method in line with the City's past practices and the law. Minutes of City Council Moorpark, California 3 February 4, 1987 8.B, (continued) Mr. Gregory Weiler again spoke to the Council asking that fairness be the manner in which the assessment is made. The Council recessed at 8:30 p.m. and reconvened at 8:35 p.m. An amendment was made to the Engineer's Report to reflect the administrative and legal fees which were omitted from the report. After changes were made in the resolution presented, Resolution No. 87 -368, making findings and determinations and overruling and denying protests in the area of benefit, was approved on a motion made by Councilmember Harper and seconded by Councilmember Galloway. The voice vote was unanimous. 9. ORDINANCES /RESOLUTIONS: 9.A. Second Reading and Adoption of Ordinance No. 86 Amending the Zoning of Certain Properties Located on the South Side of Los Angeles Avenue East of Liberty Bell Road from Residential -1 R -1 to Commercial Planned Development (CPD) - Everett Braun Zone Change ZC -2811 Mr. Patrick Richards, Director of Community Development, presented the staff report. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to read Ordinance No. 86 in title only. The voice vote was unanimous. Cheryl Kane, City Attorney, then read the Ordinance in title only. MOTION: Councilmember Harper moved, and Councilmember Galloway seconded a motion to approve Ordinance No. 86, AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA AMENDING THE ZONING OF CERTAIN PROPERTIES (ZONE CHANGE NO. ZC- 2811), EVERETT BRAUN, for second reading and adoption. The voice vote was unanimous. 9.B. Proposed Ordinance Amending the Moorpark Municipal Code to Provide for Extending the Time Period in which Zoning Clearances, Building Permits, and Time Extensions on Existing Buildin Permits are Valid, from 180 Days Currently in Effect to One 1 Year Michael Rubin, Senior Planner, gave the staff report. There were no questions of staff, and the floor was then opened to the public. 9.B. -1. Mr. Joe Latunski, 289 Casey Road, inquired if the proposed ordinance would allow three years in time extensions. Mr. Rubin replied that it would. Mr. Latunski further stated he was not in favor of the proposed ordinance. There being no other Speaker Cards, the floor was closed to the public. Councilmember Harper asked staff if they were recommending the ordinance. Staff responded they were not, but had prepared the ordinance as directed. Minutes of City Council Moorpark, California 4 February 4, 1987 9.B.1. (continued) MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to read the proposed ordinance in title only. The voice vote was unanimous. Ms. Kane read the ordinance in title only. MOTION: Councilmember Brown moved, and Mayor Ferguson seconded a motion to approve the first reading and introduction of AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING SECTION 8165 -0.2 OF THE ZONING ORDINANCE AND SECTION 2 -5(e) OF THE BUILDING CODE OF THE COUNTY OF VENTURA, ADOPTED BY THE CITY OF MOORPARK ON SEPTEMBER 21, 1983, PERTAINING TO TIME PERIODS FOR ISSUANCE OF ZONING CLEARANCES, BUILDING PERMITS, AND TIME EXTENSIONS OF BUILDING PERMITS. During discussion, Mayor Ferguson spoke in favor of the ordinance. Councilmember Harper spoke against the ordinance stating a lid is needed to be put on growth and while some of the building permits pulled would be built, others might be allowed to lapse. Councilmember Galloway called for the question. There being a vacancy on the Council and with Councilmembers Harper and Galloway voting no, the voice vote failed 2 -2. 9.C. Proposed Resolution Request from LAFCO to Amend the Tierra Rejada Greenbelt area so as to Reduce the Greenbelt by 18.6 Acres and Adjust the Boundary by Moving a 900 Foot Portion of the Southerly Boundary Along Madera Road Approximately 900 Feet North Michael Rubin gave the staff report. There being no questions of staff, the floor was then opened to the public. 9.C.1. Mr. Bob Braitman, representing the Local Agency Formation Commission, ( LAFCO), spoke to Council saying the area in question should not have been included originally. He suggested it may have been included through a line drawn "by a wide pen "; a mapping error. Mayor Ferguson asked if LAFCO would be returning at a later date to take more land from the greenbelt. Councilmember Galloway suggested the County might consider adjusting the greenbelt boundary line in another area so the acreage of the greenbelt would remain the same. Patrick Richards stated staff supports the amendment to the greenbelt mainly due to the topography of the area in question. It was his feeling the amendment would not erode the greenbelt area. After directing staff to look and be sure no other areas also need to be changed, and keeping in mind the idea of adjusting the boundaries enough to offset the proposed loss of acreage to the greenbelt, the following motion was heard: MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to continue this item to the March 4, 1987 meeting. The voice vote was unanimous. 9.C.2. Mr. Gerry Goldstein, 11932 Los Angeles Avenue, then spoke asking the Council not to give away the greenbelt area. Minutes of City Council Moorpark, California 5 February 4, 1987 Resolution No. 87 -370 Requesting the Board of Supervisors of Ventura County Permit the County Clerk to Render Services to the City for the Special Election to be Held on June 2, 1987 Maureen Wall, City Clerk, gave the staff report. There being no questions of staff, the following motion was heard. MOTION: Councilmember Brown moved, Councilmember Harper seconded a motion to approve the resolution as presented, and appropriate funds in an amount not to exceed $6,500 from the General Fund to elections fund number 113 -549. The roll call vote was unanimous. THE COUNCIL RECESSED at 9:50 p.m. and reconvened at 10:12 p.m. 10. COMMENTS FROM COUNCILMEMBERS: 10.A. Presented by Councilmember Brown Regarding the Bicentennial Ad Hoc Committee which was Formed to Celebrate the U.S. Constitution Bicentennial Councilmember Brown suggested the local Chamber of Commerce, Rotary and Jaycee Clubs might be interested in joining the celebration. She will be giving an update to activities concerning the bicentennial festivities in March 1987. She also requested that the missing bus benches at the northeast corner of Peach Hill and Moorpark Roads be replaced. Councilmember Harper was concerned the developers of PM -4220 were not being required to provide some on -site improvements. Steven Kueny responded the Council should consider this matter since the Planning Commission's decision to delete the normal frontage improvements and fund them with Los Angeles Avenue Area of Contribution Funds was tantamount to having the Planning Commission set policy and possibly precedent. After some discussion with the City Attorney concerning the time period in which an appeal to a Planning Commission decision must be requested, the following motion was made by Councilmember Harper and seconded by Councilmember Galloway. MOTION: Due to the urgency of the matter which arose after the posting of the agenda for February 4, 1987 City Council Meeting, Council will initiate an appeal of a Planning Commission decision concerning PM -4220 as item "10.C." on the agenda. The voice vote was unanimous. Councilmember Harper then expressed interest in a traffic mitigation fee which might offer a funding mechanism for the City. 10.B. Consideration of an Interim Appointment to the City Council. The Appointment Period Would Expire on June 2, 1987 The floor was opened for nomination by Mayor Ferguson. Councilmember Harper nominated Mr. John Wozniak. AT THIS POINT, COUNCIL RECESSED, the time was 10:40 p.m. Council reconvened at 10:50 p.m. The City Attorney clarified the nominations for the interim appointment would occur in sets of four; with the nominees being voted upon in the order received. Minutes of City Council Moorpark, California 6 February 4, 1987 1O.B. (continued) Councilmember Galloway nominated Mr. Bill LaPerch. Councilmember Brown nominated Mr. Bernardo Perez. Each Councilmember briefly outlined why they had chosen to make their nomination. Mayor Ferguson did not make a nomination. The vote on Mr. Wozniak was then called. On a roll call vote, the nomination failed with Councilmember Brown and Mayor Ferguson voting no. The vote on Mr. LaPerch was then called. On a roll call vote, the nomination failed with Councilmember Brown and Mayor Ferguson voting no. The vote on Mr. Perez was then called. On a roll call vote, the nomination passed with Councilmembers Harper and Brown and Mayor Ferguson voting yes. Councilmember Galloway abstained from the vote. AT THIS POINT, COUNCIL RECESSED; the time was 11:00 p.m. Council reconvened at _11: 12 p.m. Councilmember Galloway instructed the City Clerk to change his abstaining vote to a yes vote. This made the vote on the appointment of Mr. Bernardo Perez to the interim position on the City Council unanimous. 10.C. City Council - Initiated Appeal of a Planning Commission 'PrecedPnce Setting Policy Concerning PM-4220 The Planning Commission had conditioned PM-4220 in such a way as to allow use of Area of Contribution (AOC) funds to be used for public works improvement in association with the project. 10.C.1. Scott Montgomery, 13069 Cloverdale, Planning Commissioner, outlined the special circumstances the Commission felt were involved with PM-4220 which would not constitute the setting of a precedence. Councilmember Brown stated the requirements set by the City Council should be met. 10.C.2. Cliff May, 13853 East Los Angeles Avenue, developer of PM-4220, stated he did not agree to pay for the widening of Los Angeles Avenue. MOTION: Councilmember Harper moved and Councilmember Galloway seconded a ' motion to appeal this matter to the City Council . The voice vote failed with Councilmembers Galloway and Brown and Mayor Ferguson voting no. 11. STAFF REPORTS/RECOMMENDED ACTION ITEMS: With the concurrence of the City Council , Item 11 .C. was heard next. Minutes of City Council Moorpark, California 7 February 4, 1987 11.C. to Waive the T—CUTY in the 11.C.1. Mr. Charles Schwabauer, 12681 Broadway, representing the Moorpark Historical Society, spoke to the Council. He outlined how the society was funded by volunteer donations and they were not planning on any major reconstruction of the building. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to waive the Conditional Use Permit processing fee of $1,400, but require the society to pay for out -of- pocket City expenses, such as mailing and notice requirements. The voice vote passed unanimously. 11.A. Consider the City's Newsrack Ordinance Regarding Insurance Requirements and Current State of Enforcement Patrick Richards gave the staff report. Councilmember Harper asked who was accepting the liability in a City which did not have a newsrack ordinance requiring liability insurance. Mr. Richards responded the City was then accepting the liability. 11.A.1. Mr. Dan Schmidt, P.O. Box 3, stated he was opposed to the newsrack ordinance and the insurance requirement. 11.A.2. Mr. James Hartley, 5950 Gabbert Road, strongly supported staff's recommendation that the City Council reaffirm the need and justification for the Newsrack Ordinance and not take any action to eliminate the insurance requirement. If anything, it was his recommendation that Council increase the insurance requirement from its current $50,000 limit to a $100,000 limit. 11.A.3. Mr. Dan Woolard, 487 Millard Street, concurred with Mr. Hartley. Mayor Ferguson stated the ordinance was originally drafted in an attempt to keep pornographic materials out of Moorpark. He would like to see the ordinance rescinded. The Council determined there were other areas of the ordinance which they wanted to review in addition to the insurance requirement. Council concurred to continue this item to February 18, 1987. 11.D. Proposed Transfer of Funding Responsibility for the Improvement of a Portion of Tierra Rejada Road Median North of Arroyo Simi and the Traffic Signal at Los Angeles Avenue, from Moorpark- Tierra Rejada Road Area of Contribution to Los Anqeles Avenue Area of Contribution Steven Kueny, City Manager, gave the staff report. There were no questions of staff. MOTION: Councilmember Harper moved and Councilmember Galloway seconded a motion to direct that the Los Angeles Avenue and Moorpark Road /Tierra Rejada Road AOC reports be modified so that the responsibility for funding the local share (50 %) of the traffic signal at Los Angeles Avenue and Tierra Rejada Road and median construction for Tierra Rejada Road north of the Arroyo Simi at an estimated cost of $70,000 and $40,000 respectively, Minutes of City Council Moorpark, California 8 February 4, 1987 11.D. (continued) be transferred from the Moorpark Road /Tierra Rejada Road AOC to the Los Los Angeles Avenue AOC, and that no fee adjustment to reflect this transfer of responsibility be made to either AOC until construction of the Tierra Rejada Bridge, The voice vote was unanimous. 11.J. Authorize Staff and the Senior Citizens Ad Hoc Committee to Proceed with the Senior Citizen Center Construction Project Jerry Forde, Director of Community Services, gave the staff report. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to authorize staff and the Senior Citizens Ad Hoc Committee to proceed with the Gelco /Dial approach, approve the concepts recommended by the Ad Hoc Committee, approve appointments of Annabel Sessler and Bob Cooper to the Ad Hoc Committee, and direct the Ad Hoc Committee to work closely with staff to oversee the project. The voice vote was unanimous. 11.K. Consideration of Appeal No. 12, a Request to Appeal the Planning Commission's Action on the Approval of the Wall Plan for Tract No. 4037 /RPD -1044 Cal ro At the applicant's request, this item was continued to March 4, 1987. 11.0. Consideration of a New Liquor License Beinq Issued to Golden Crust Pizza Patrick Richards gave the staff report. It was the concurrence of Council to forward a letter to the Alcoholic Beverage Control Department asking for these restrictions: 1) food must be served with drinks, 2) the sale of alcoholic beverages would end at 12:00 a.m., and 3) children must be accompanied by an adult. 11.P. Request by the Committee for Managed Growth to Retain Outside Legal Counsel for Defense Against the Building Industry Association Suit Steven Kueny gave the staff report, which included the fact that the Committee for Managed Growth had withdrawn their request. Council received and filed the report. 11.Q. Consideration of a Vacancy on the Parks and Recreation Commission MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to continue this item to the Adjourned City Council Meeting of February 11, 1987. The voice vote was unanimous. 11.S. Consider Directing the Citv Att Steven Kueny gave the staff report. Minutes of City Council Moorpark, California 9 February 4, 1987 11.S. (continued) MOTION: Councilmember Harper moved and Councilmember Galloway seconded a motion to direct the City Attorney to prepare and submit for Council consideration a Resolution of Necessity for a portion of property needed for construction of Tierra Rejada Road, that the property owner be notified the Resolution will be considered as soon as possible, and that an offer of purchase be made to the property with a report back to Council. The voice vote was unanimous. 11.T. Consider Approving an Extension of the Observation Agreement for the Landscape Construction Contract for Peach Hill Park Jerry Forde gave the staff report. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to approve an agreement with R.W. Graham & Associates to Observe the Landscape Construction of Peach Hill Park in an amount not to exceed $3,600. The voice vote was unanimous. 13. FUTURE AGENDA ITEMS: Councilmember Galloway asked that the "Staff Recommendation" portion of the agenda titles not be underlined. Staff concurred. Other future agenda items mentioned were; traffic mitigation fee ordinance, Redevelopment Agency establishment, the Los Angeles Avenue extension, and a report from the Ad Hoc Tree Preservation Committee The meeting was adjourned to Closed Session at 1:10 a.m. by Mayor Ferguson. 14. CLOSED SESSION: 14.A. Discussion of the Building Industry Association Litigation The Council reconvened at 1:52 a.m. No action was taken during Closed Session. The meeting was adjourned to February 11, 1987 at 7:00 p.m. CLINT D. HARPER, Mayor ATTEST: