HomeMy WebLinkAboutMIN 1987 0218 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California February 18, 1987
A regular meeting of the City Council of the City of Moorpark, California was held
on February 18, 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 7:08 p.m. by Mayor Thomas Ferguson.
2. PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Councilmember Bernardo Perez.
3. ROLL CALL:
Present: Councilmembers Eloise Brown, John Galloway, Clint Harper,
Bernardo Perez, and Mayor Thomas Ferguson.
Steven Kueny, City Manager; Cheryl Kane, City Attorney; Patrick
Richards, Director of Community Development; Dennis Delzeit,
City Engineer; John Knipe, Assistant City Engineer; Lt. Mike
Brown, Sheriff's Department; Michael Rubin, Senior Planner;
Gerald Forde, Director of Community Services; Thomas Genovese,
Director of Administrative Services; and Maureen Wall, City
Clerk.
4. APPROVAL OF MINUTES:
None were presented for approval.
5. PROCLAMATION, COMMENDATIONS, SPECIAL PRESENTATIONS:
None were presented.
6. PUBLIC COMMENTS:
6.A. Mr. Steve Brodsky, 4572 Vista Del Valle, stated his concerns relating to
his contention that Calprop, Tract #4037, had undercut the slope on the
west edge of his property. This :matter was continued by the Council from
February 4. 1987 to February 11. 1987, and he was not aware this had occurred.
Staff assured Mr. Brodsky the matter had been properly placed on the agenda.
6.B. Mr. Tom Thompson. 12623 Hillside Drive, and a member of the Tierra Rejada
Neighborhood Council questioned whether or not Councilmembers Brown and
Harper should be voting on the possible newsrack ordinance violation of
the Moorpark Mirror since it appeared they paid a lower rate per page for
advertisements in the Moorpark Mirror during the recent election campaign.
Mayor Ferguson commented the Council would take Mr. Thompson's remarks under
advisement, however, the City Attorney had reviewed the situation and found
no conflict of interest to exist.
6.C. Mr. Joe Latunski, 289 Casey Road, asked the Council to deny a revision to
the grading plan for Tract Nos. 4170 and 3070 -4, U.S. Condominium Corporation.
Minutes of the City Council
Moorpark, California 2 February 18, 1987
7. CONSENT CALENDAR:
7.A. Approval of Warrant Register:
- Prepaid Warrants No. 4388 -4403 $22,490.01
- Payable Warrants No. 4415 -4465 $63,235.16
Councilmember Harper moved and Councilmember Brown seconded a motion to
approve the Warrant Register as presented. On a roll call vote, the motion
was approved unanimously.
7.B. Approval of City Manager- approved contracts for Parks and Recreation Winter /Spring
Contract Instructors.
After a reminder from the Council to utilize local citizens whenever possible,
Councilmember Brown moved and Councilmember Galloway seconded a motion to
approve the contracts as presented. The voice vote was unanimous.
7.C. Appropriation of $41,000 from the Los Angeles Avenue Area of Contribution
for the Princeton Avenue Signal Project.
Steven Kueny, City Manager, gave the staff report. There were no questions
asked of staff. Councilmember Galloway moved and Councilmember Harper seconded
a motion to appropriate $41,000 from Los Angeles Avenue Area of Contribution
fund to account number 27- 142 -603 to fund the City's share of the Princeton
Avenue Signal project. On a roll call vote, the motion was approved unanimously.
8.A. Revision to the Gradinq Plan for Tract Nos. 4170 and 3070 -4: U.S. Condominium
Corporation.
Mr. Kueny noted the applicant had requested this item be continued to March
4, 1987. U.S. Condominium is working with the County in an attempt to move
the excess dirt into an unincorporated area of the County. However, the
County has not given their approval yet. Council concurred to continue
this item to March 4, 1987.
8.B. Residential Planned Development Permit No. PD -1058; Glenhaven, Inc.
Michael Rubin, Senior Planner, gave the staff report. There were no questions
from the Council. Public Comment was then taken.
Mr. Russ Russell, 3240 San Ysidro, Camarillo, representing Glenhaven, questioned
the Planning Commission 's condition number 4 relating to no delivery prior
to 9:00 a.m. and no construction prior to 8:00 a.m. He indicated the applicant
would be constructing a chain link fence around the project and asked Council
to relieve Glenhaven from this condition. Councilmember Brown commented
there were school bus stops along Peach Hill Road, and this would add
another reason why the condition should remain.
Mr. E. Warren Bossard, 1670 Elstow Court, Westlake Village, representing
Lincoln Title Company, spoke to Councilmember Harper's question why planting
easements were being requested instead of lot line adjustments. Mr. Bossard
responded the planting easements were considered to be -the best for expediency.
If the City asked for lot line adjustments, the property owner would not
have to accept the additional land. Additionally, lot line adjustments
could trigger reassessments.
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Moorpark, California 3 February 18, 1987
Mr. Patrick Richards. Director of Community Development, commented the units
affected by the planting easement were on the south side of the project.
These units were situated on shallow lots which would benefit by the additional
area given by the planning easements.
Mr. Kueny suggested staff work with the applicant and the homeowners affected
to resolve the situation in as consistent way as possible.
Councilmember Harper asked how the cul -de -sac was to be landscaped. Mr.
Richards responded the Planning Commission had conditioned that a six -foot
wall was to be constructed at the end of the street with a five -foot planting
area in front of the wall. The City would maintain the planted area after
the initial one -year period of maintenance by the developer. Councilmember
Brown stated she was not in favor of the wall as it was not absolutely necessary.
Doris Meifert, 13191 Golondrina, was concerned with the grading plan of
the project. She stated the pads behind her home were 14 inches higher than what
they were supposed to be. She further stated that they have already constructed
a block wall at the rear of their property, and were not interested in the
additional land offered to them by way of the planting easement. Dennis
Delzeit, City Engineer, responded his department will review the grading
of the pads behind Mrs. Meifert's home to assure the elevations are correct.
Councilmember Brown asked why garage door openers were required on two of
the sites. Mr. Richards responded those sites were on corners and were
being required for safety's sake to encourage use of the garage for parking.
MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion
to continue this item to March 18, 1987 to allow staff and the developer
time to resolve the planting easement issued with each property owner affected.
MOTION TO AMEND: Councilmember Harper moved and Councilmember Brown
seconded a motion to resolve the lot line adjustment /planting easement
issue by either an outright dedication of land, a landscape easement,
or no action by each property owner affected; a design for the landscaped
area of the cul -de -sac will be submitted; and screening alternatives
for privacy for the south side of the project will also be submitted.
The motion to amend was approved by an unanimous voice vote.
The original motion was then approved by an unanimous voice vote.
AT THIS POINT THE COUNCIL RECESSED; the time being 8:32 p.m. Council reconvened
at 8:45 p.m.
9. ORDINANCES /RESOLUTIONS:
9.A. Proposed Resolution initiating proceedings for the annual assessments for
the Moorpark Lighting Maintenance Assessment District No. AD 84 -2, and ordering
the Engineer to prepare and file a report in accordance therewith.
Steven Kueny gave the staff report noting the public hearings could be held
in June. During Council discussion, a concern was expressed regarding whether
or not the assessment districts should be continued this year. There was
also concern expressed over some of the costs outlined on the City Engineer's
report. It was suggested staff could look at a modification of the assessment
formula so assessments would be spread more evenly.
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Moorpark, California 4 February 18, 1987
Mr. Joe Latunski, 289 Casey Road, spoke against the lighting assessment
district as he lives one -half mile from the nearest street light and feels
he should not have to pay the assessment.
MOTION: Councilmember Galloway moved and Councilmember Brown seconded a
motion to look at this matter more closely as to where money has been spent
from last year's assessment and what was collected; direct staff to explore
other methods of funding this expense so the assessment district would not
have to be continued from year to year; and continue this item to the March
4, 1987 meeting. The voice vote was unanimous.
9.B. Proposed resolution initiating proceedings for the annual assessments for
the Parks Maintenance Assessment District No. Ad 85 -1 and ordering the
Engineer to prepare and file a report in accordance therewith.
On a motion by Councilmember Galloway and seconded by Councilmember Brown,
this item was continued to March 4, 1987 meeting.
10. COMMENTS FROM COUNCILMEMBERS:
10.A. Consideration of the possible appointment of Councilmember Perez to Council
Committee(s).
Council concurred to have Mr. Perez replace former Councilmember Woolard as
Council appointee on all council- appointed committees.
10.B. Possible consideration of the vacancy on the Parks and Recreation Commission.
This item was continued to the February 25, 1987 meeting.
10.C. Possible consideration of the vacancy on the Planning Commission.
This item was continued to the February 25, 1987 meeting.
10.D. Councilmember Harper was concerned with off -road vehicles being ridden in
the City. Mike Brown, of the Sheriff's Department, will step up enforcement
of the off -road vehicle ordinance.
He also voiced a concern with the block walls along Tierra Rejada Road and
their lack of landscaping. He asked staff to approach Warmington with this
concern and ask for some landscaping similar to the Mountain Meadows area.
Council concurred.
10.E. Councilmember Galloway asked the Council to consider the visual impact of
putting some type of trim along the top of block walls.
He also mentioned that the striping on Los Angeles Avenue has become pale
and asked staff to contact CalTrans to see if it could be repainted. Council
concurred.
10.F. Councilmember Brown would like to see a local bicentennial committee work
with the Country Days Celebration committee. She asked that this item appear
on the March 4, 1987 agenda.
She also inquired whether or not the road work had been completed on Moorpark
Road. Mr. Delzeit responded it has not been completed yet. She also voiced
Minutes of the City Council
Moorpark, California 5 February 18, 1987
concern regarding the truck traffic along Peach Hill Road due to the closing
of Tierra Rejada Road to one lane. Mr. Delzeit responded he will attempt
to close a smaller portion of Tierra Rejada Road to one lane in an effort
to divert the truck traffic back to Tierra Rejada Road.
She also asked when the rubberized railroad crossings were expected to be
installed. Mr. Delzeit responded the latest word from Southern Pacific
was 1988. The Council and staff will work to move the installation up as
much as possible.
10.G. Councilmember Perez asked when the City newsletter was to be published.
Mr. Kueny responded the newsletter was budgeted for in 1986/87, but that
the Council has not yet set a date for publication. Mr. Perez suggested
this item could be taken up by Council after the Town Hall Meeting.
10.H. Councilmember Galloway stated he must now resign from the Ventura County
Arts Commission. He asked staff to advertise for the opening on the Commission
and suggested Council consider appointing someone from those responding
to the advertisement.
11. STAFF REPORTS /RECOMMENDED ACTION ITEMS:
11.A. Consideration of the appropriateness of the City's Newsrack Ordinance.
Patrick Richards gave the staff report. There were no questions of staff.
Mr. Dan Schmidt, P. 0. Box 3, asked Council if the ordinance was an attempt
to keen pornography out of newsracks, or to put the Moorpark Mirror out
of business. He also asked if the insurance rates of the City would be
increased if he were not required to furnish the required insurance. He
further stated the entire ordinance should be struck down as it is unjust.
Mr. Tom Thompson, 12623 Hillside Drive, of the Tierra Rejada Neighborhood
Council, asked why the Moorpark Mirror should be allowed to forego the insurance
requirement when even the Country Days event was required to have liability
insurance. He further pointed out that even homeowners needed to have liability
insurance. He asked the Council to leave the insurance requirement in the
newsrack ordinance. He suggested that Councilmembers Brown and Harper both
had a conflict of interest on this item since they write columns for the
Moorpark Mirror.
Mr. Dan Woolard, 487 Millard Street, pointed out that only the Moorpark
Mirror was objecting to the insurance clause of the ordinance. He also
felt the Council had given sufficient thought to the ordinance at its adoption
and that there was no need to further examine it.
Barbara Schultz, 116 Sierra, stated she works for a newspaper and that the
bulk of income for the newspaper comes from advertisements placed in the
paper and not from the newsracks. She suggested that Mr. Schmidt should
sell more ads to fund his newspaper.
Councilmember Galloway asked if there wasn't a way to require a vendor
to provide a telephone number on the newsracks in order to receive a refund
when the machine is not working properly. He also questioned the Moorpark
Mirror's inability to pay for an insurance policy. He presented the Council
with a petition signed by several local businesses who paid Mr. Schmidt to
produce a local business directory which he has failed to proauce.
Minutes of the City Council
Moorpark, California 6 February 18, 1987
Councilmember Perez commented that safety is a paramount issue and concern
of the City. He would be inclined to maintain the insurance clause in the
ordinance.
Councilmember Brown was concerned the ordinance was originally drawn up
to address a concern of the contents of the newsracks, and she feels it
does not adquately address that concern.
Mayor Ferguson stated the ordinance does not work in his opinion and in
order to make it work it would cost the City more money.
Councilmember Galloway pointed out that only the insurance clause is being
objected to, and this objection is only coming from one newspaper.
Councilmember Harper commented on the freedom of the press and also the
safety of the community. Although pornography had not been stopped, at
least the public's view of this type of matter had been reduced. He was
not in favor of any changes to the ordinance.
Councilmember Brown asked whether or not the City was incurring liability
for the newsracks just by discussing a need for liability insurance. City
Attorney Kane responded that we are requiring the placement of the newsracks
in certain places to limit our liability exposure. If the racks are moved
from those areas, then we might have liability exposure, however, by discussing
the matter we are not incurring liability. Councilmember Brown also inquired
whether or not our $50,000 insurance requirement was sufficient coverage.
City Attorney Kane responded the amount may not be adequate which is why
other cities are requiring a higher amount, but at least $50,000 was better
than no requirement.
Councilmember Brown asked the City Attorney if there were some way to force
the vendors to refund money to people who pay for a paper and then the machine
doesn't work properly. Ms. Kane responded she will review state statutes
to see if there is a way to do so.
MOTION: Councilmember Galloway moved and Councilmember Perez seconded a
motion to reaffirm the need and justification for the Newsrack Ordinance.
The voice vote was unanimous.
Councilmember Brown asked staff to be sure the ordinance was enforced equally.
11.B. Computer System Proposal.
Thomas Genovese, Director of Administrative Services, gave the staff report.
Council commended staff on the quality and thoroughness of the report.
Mr. Joe Latunski, 289 Casey Road, felt the System 36 is too large a system
for the City.
Mr. Don Fender, 14875 -C Campus Park Drive, a Rockwell employee, commented
the City could accomplish the same thing with I.B.M. clones.
MOTION: Councilmember Perez moved and Councilmember Galloway seconded a
motion to purchase the system proposed in an amount not to exceed $38,000
with monthly maintenance charges not to exceed $300 per month. The roll
call vote was unanimous.
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Moorpark, California 7 February 18, 1987
MOTION: Councilmember Brown moved and Councilmember Galloway seconded a
motion to authorize the appropriation of $2,000 from the General Fund for
the necessary electrical improvement to City Hall. The roll call vote was
unanimous.
11.C. Marlborough Landscape Project.
Gerald Forde, Director of Community Services, gave the staff report. There
were no questions from Council.
Mr. Gary L. Buck, 4384 Laurelhurst Road, President of the Marlborough Association,
stated it is the association's desire to upgrade the area which is owned by
the City since it is a very visible corner.
Reminding the Council that the Marlborough Association had been working
with the City for some time to upgrade this area, Councilmember Brown suggested
the City should allow someone to upgrade areas of the City without putting
them through so much.
MOTION: Councilmember Galloway moved and Councilmember Brown seconded a
motion to approve the installation of the landscaping and irrigation as
generally provided by the proposed plans, and authorize staff to obtain
quotes from other companies for the completion of the landscaped area, and
award the project to the lowest responsible bidder. The roll call vote
was unanimous.
AT THIS POINT THE COUNCIL RECESSED, the time being 10:53 p.m. The Council reconvened
at 11:10 p.m.
11.D. Consider an agreement to construct public works improvements in a 4.5 acre
residential project located on the north side of Wicks Road (PM -3930 .
Dennis Delzeit, City Engineer, gave the staff report. Mayor Ferguson asked
if there had to be a entrance to Parcels 3 and 4. Mr. Delzeit responded
that only one entrance was required.
Mr. Doug Brossard, 14442 East Loyola Street, stated he would like to build
on at least three of the lots.
MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion
to authorize the Mayor to sign the agreement for construction of subdivision
improvements and direct the City clerk to retain the original agreement
and return an executed copy to the property owner and surety company. The voice
vote was unanimous.
11.E -1. Consider taking the initial step to begin condemnation proceedings for the
acquisition of necessary right -of -way for the Los Angeles Avenue Widening
Project (Gisler).
Steven Kueny gave the staff report asking for a continuation of this item
to March 4, 1987.
MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion
to continue this item to March 4, 1987. The voice vote was unanimous.
11.E -2. Consider directing staff to initiate Eminent Domain proceedings for prope
needed for the widening of Los Angeles Avenue (Country Properties, Inc.).
Minutes of the City Council
Moorpark, California 8 February 18, 1987
MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion
to continue this item to March 4, 1987. The voice vote was unanimous.
11.F. Consideration of a request by the Planning Commission to hold a joint meeting.
Patrick Richards gave the staff report. There were no questions from the
Council.
MOTION: Councilmember Harper moved and Councilmember Galloway seconded
a motion to set February 25, 1987 at 7:00 p.m. as the joint City Council/
Planning Commission meeting to discuss (1) Measure F implementation, (2)
Infrastructure Report, (3) Circulation and Land Use Elements updates, (4)
Permit Allocation Program Models of the Cities of Thousand Oaks and Camarillo,
(5) possible slide presentation by the Air Quality Management program, and
(6) industrial area buildout. The voice vote was unanimous.
11.G. Consideration of a Proposed Redevelopment Survey Area; Request for Proposals
Tor a feasibility study of establishing a Redevelopment Project Area and
Formation of a Redevelopment Agency.
Steven Kueny gave the staff report. Councilmember Galloway voiced a concern
regarding the boundaries proposed. Mr. Kueny responded the suggested boundaries
for the feasibility study could be changed.
MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion
to direct staff to prepare a resolution designating the survey area as recommended
by the Redevelopment Survey Area Committee, direct staff to prepare a draft
ordinance declaring the need for a redevelopment agency and declaring that
the City Council will act as the Redevelopment Agency for consideration
at the meeting of March 4, 1987, direct staff to prepare a Request for Proposal
for the necessary feasibility study, solicit proposals from qualified firms
and return with a recommendation for contract award as soon as possible,
and direct staff to express appreciation to the members of the Redevelopment
Survey Area Committee. The voice vote was unanimous.
Councilmember Galloway asked that the redevelopment area would not take
in any portion of the Tierra Rejada Valley.
11.H. Proposal for preparation of Engineer's reports for Annual Assessments for
Lighting Maintenance Assessment District (AD 84 -2) and Parks Maintenance
Assessment District (AD 85 -1).
This item was continued to March 4, 1987.
11.I. Consideration of a draft letter to the League of California Cities outlining
the inconsistencies in the Ralph M. Brown Act and offering support to possible
clean -up legislation.
Cheryl Kane, City Attorney, gave the staff report.
MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion
to send the letter presented to Assemblyman Lloyd G. Connelly with a copy
of the letter to be sent to the League of California Cities. The voice
vote was unanimous.
Minutes of the City Council
Moorpark, California 9 February 18, 1987
11.J. Consideration of a Tree Preservation Committee report and request for direction
regarding the Committee's duties and direction regarding a proposed tree
preservation ordinance.
Gerald Forde gave the staff report. Councilmember Brown asked that a tree
ordinance be prepared as soon as possible, and also that a tree specialist
be included in this process. Councilmember Galloway suggested staff might
want to obtain other cities' tree ordinances and modify them for our use.
MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion
to direct the Tree Preservation Committee to draft an ordinance for tree
preservation and also that the committee should review and approve all
tree removal requests prior to the implementation of the ordinance. The
voice vote was unanimous.
11.K. Consider the purchase of a lawn vacuum.
Gerald Forde gave the staff report. The Council was assured there was a
long -term need for this piece of equipment, and that it would be operated
by a City employee.
MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion
to authorize purchase of a lawn vacuum in an amount not to exceed $600 and
transfer $300 from account 25- 147 -542 to account 25- 147 -606 and appropriate
$300 from the Gas Tax Fund to account 03- 142 -606. The roll call vote was
unanimous.
11.L. Report by the City Attorney concerning Council's consideration of a Traffic
Mitigation Fee Ordinance.
Cheryl Kane gave the staff report. Councilmember Harper asked if the ordinance
should be a part of the Circulation Element update. Mr. Kueny responded
it could be tied in with the alternate route. Councilmember Brown felt
the City should be very careful and know what we were going to develop,
the costs involved, and then spread those costs. Mr. Kueny pointed out
staff would be checking to be sure there would be no overlap with the two
areas of contribution. Council directed that definitive recommendations
be made by staff, including a timeline, and that this matter should be placed
on the agenda as soon as possible.
12. STAFF REPORTS /INFORMATION ITEMS:
12.A. Special Election, June 2, 1987, Update.
This item was received and filed.
12.B. U2date by the City Engineer's office on the status of the three traffic
signal projects (Princeton Avenue, Los Angeles /Gabbert, and North Condor'
This item was received and filed.
12.C. Informational report from the City Engineer's office regarding the extensic
of the Happy Camp flood control drain through Hiahwav 118.
This item was received and filed.
Minutes of the City Council
Moorpark, California 10 February 18, 1987
12.D. An overview of the Monte Vista Nature Park - Phase I.
Council questioned the $96,000 estimate for complete development of the
park. Staff responded that a grant had been requested to cover some of
the expense. The report was received and filed.
13. FUTURE AGENDA ITEMS:
The following agenda items were requested: Mr. Brodsky's slope undercut
concerns, time extension'of building permits, formation of a bicentennial
committee, and consideration of a Town Hall Meeting.
14. CLOSED SESSION:
The City Council then adjourned to Closed Session to discuss the A -C Contruction
VS City of Moorpark litigation under the authority granted by Government
Code Section 54956.9. This adjournment occurred at 12:16 p.m.
The Council reconvened in Open Session at 1:05 a.m. and announced no action was
taken regarding the A -C Construction case.
15. ADJOURNMENT:
The Council meeting was adjourned to February 25, 1987 at 7:00 p.m. by Mayor
Ferguson.
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