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HomeMy WebLinkAboutMIN 1987 0304 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California March 4, 1987 A regular meeting of the City Council of the City of Moorpark, California was held on March 4, 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: In celebration of the Girl Scout's of America's 75th Anniversary Year, a Color Guard comprised of local Girl Scouts presented the colors and led the pledge of allegiance. 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; Lt. Michael Brown, Sheriff's Department; Thomas Genovese, Director of Administrative Services; Gerald Forde, Director of Community Services; Michael Rubin, Senior Planner; and Maureen W. Wall, City Clerk. AT THIS POINT IN THE MEETING, Mayor Ferguson offered his apology for comments he made during an interview which were printed in local newspapers, and stated he had not intended his remarks to be critical of a particular race. Councilmember Brown moved and Councilmember Harper seconded a motion to place the reorganization of the City Council on a future Council agenda. The motion failed with Councilmembers Galloway, Harper and Perez voting no. Councilmember Perez stated no explanation could justify the comments as they were reported, and he asked that the reorganization of the Council be added to this agenda. Councilmember Galloway commented the City had room for people of different backgrounds, but did not have room for bigotry. MOTION: Councilmember Perez moved and Councilmember Galloway seconded a motion to add the reorganization of the Council to this agenda. On a roll call vote the motion was approved with Councilmembers Perez, Galloway, and Harper, and Mayor Ferguson voting yes, and Councilmember Brown voting no. The item was added to the agenda as Item 5.B. Minutes of the City Council Moorpark, California 2 March 4, 1987 4. APPROVAL OF MINUTES: 4.A. The minutes of the regular meeting of the City Council held on January 21, 1987 were approved as presented on a motion by Councilmember Harper, seconded by Councilmember Brown, and approved by an unanimous voice vote. 4.B. The minutes of the joint meeting of the City Council and the Parks and Recreation Commission held January 26, 1987 were amended to read as follows: "S. G. Naming of the 69 -acre Community Park site was referred to the Parks and Recreation Commission for their recommendation. Council deferred their decision until the Commission determined whether or not they would be looking for alternate park sites or using the 69 -acre park site." A motion by Councilmember Galloway, seconded by Councilmember Harper, approved the minutes as amended by an unanimous voice vote. 4.C. The minutes of the special meeting of the City Council of February 3, 1987 were approved on a motion by Councilmember Brown, seconded by Councilmember Galloway, and passed by an unanimous voice vote. 5. PROCLAMATIONS, COMMENDATIONS__SPEr,IAL PRESENTATIONS: 5.A. Presentation of a Proclamation commemorating the 75th Anniversary of Girl Scoutinu to local Girl Scouts: Mayor Ferguson presented a representative of Girl Scouts with a proclamation celebrating their 75th Anniversary Year. COUNCIL RECESSED at 7:30 p.m. and reconvened at 8:00 p.m. All Councilmembers were present. 5.8. Reorganization of the City Council: MOTION: Councilmember Galloway moved and Councilmember Perez seconded a motion to appoint Councilmember Harper as Mayor and Councilmember Brown as Mayor Pro Tem for the remainder of the current one year term (through November 1987) effective immediately. The roll call vote was unanimous. Councilmember Ferguson stated he was stepping down for a good cause. He further stated he had made a mistake and that he must now pay for that mistake. Councilmember Harper stated he would accept the position until the Council could reorganize at the regularly scheduled meeting of March 18, 1987. 6. PUBLIC COMMENTS: 6.A. Mr. Steve Brodsky, 4572 Vista Del Valle, commented concerning the litigation pending between the City of Moorpark and the residents on Vista Del Valle. He felt the past city managers had been shortsighted in the development which had occurred in their area, and lethargic in their actions. Minutes of the City Council Moorpark, California 3 March 4, 1987 6.B. Mr. Harvey C. Jones, 1542 North Bridget, Simi Valley, commented he was sorry to see what had been printed in the newspaper regarding black people, and was also sorry that Mr. Ferguson had to step down from the Mayorship. 6.C. Mr. John R. Hatcher, III, P. 0. Box 7645, Oxnard, CA 93030, Chairman of the Ventura Chapter of the N.A.A.C.P., introduced Mr. Jose De Sosa, 11243 Glen Oaks Blvd, Pacoima, who asked Councilmember Ferguson for an apology for his remarks which were published in the newspaper, stated the reorganization of the City Council was alright, but asked that Mr. Ferguson resign from his position as Councilmember. He further stated that they were going to write a letter to the Attorney General concerning what appears to be racism in the City. Mr. Hatcher concurred with Mr. De Sosa's remarks. 6.D. Mr. Bill Mitchell, 6440 North Berkeley Circle, who tendered his resignation from the Citizen Transportation Advisory Committee, asked the City to pursue an extension of Los Angeles Avenue to mitigate the problem on the eastern portion of Highway 118. Councilmember Brown thanked him for his dedication to the committee. 6.E. Mr. Roger Beaulieu, 14792 East Stanford Street, stated Councilmember Ferguson's credibility is under question as he takes a lot of action without forethought. He further stated the position Mr. Ferguson holds is held in high esteem, but the events which have transpired have been an embarrassment to the community. He asked Councilmember Ferguson to resign from the Council and then run again for his seat. 6.F. Ms. Marci Butler, 6425 East Westwood, offered her support to Councilmember Ferguson stating she felt he was not a prejudiced man at heart. 6.G. Mr. Joseph C. Latunski, 289 Casey Road, spoke in support of a change of city government from General Law to Charter City. He also asked for Councilmembers Ferguson's and Brown's resignation. 6.H. Mr. Don Fender, 14875 Campus Park Drive, stated City Councilmembers should be able to make nominations to the Commissions when they assume office. 6.I. Mr. Roger Littell, 14958 Marquette Street, asked the Council to allow builders who had begun projects to complete those projects rather than leave those projects unfinished for a long period of time. It was his feeling that those unfinished projects were an eyesore to the community. 6.J. Mr. Steve Gaines, 13208 Quail Summit, was concerned with remarks Mr. Bill LaPerch made in a previous City Council meeting concerning a local citizen. It was his opinion Mr. LaPerch should not run for public office in Moorpark. He also felt Mr. Joe Latunski was overly critical of City staff. Minutes of the City Council Moorpark, California 4 March 4, 1987 6.K. Mr. Dan Woolard, 487 Millard Street, defended Mr. Latunski stating Mr. Latunski might not say things in the best possible way, but that his intentions meant well. 7. CONSENT CALENDAR: 7.A. Approval of Warrant Register: - Prepaid Warrants No. 4404 -4414 & 4466 -4488 $40,095.06 - Payable Warrants No. 4489 -4550 $144,117.93 Councilmember Perez moved and Councilmember Brown seconded a motion to approve the Warrant Register as presented. On a roll call vote, the motion was approved unanimously. 8. PUBLIC HEARINGS: M" 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 CaMDUS Park Drive. Marauette Street_ and the futures ctrpptc of Commission's recommendation of denial of-the request. 8.A. -1. Mr. Joseph C. Latunski, 289 Casey Road, inquired whether U.S. Condominium could get their building permits moved ahead. Staff replied they could ask for an extension, but the City would not have to grant their request. 8.A -2. Mr. Fred Ferrell, 6712 Chapman Place, representing U.S. Condominium, commented they were attempting to work with the City concerning the grading plan. He asked the Council to continue this item until the March 18, 1987 meeting. MOTION: Councilmember Ferguson moved and Councilmember Perez seconded a motion to continue this item until March 18, 1987, with no consideration of this item after that time. The voice vote was unanimous. 9. ORDINANCES /RESOLUTIONS: 9.A. Ordinance No. 87 Declaring the need for a Redevelopment Agency to function and declaring the City Council to be the Redevelopment Agency.-- - Steven Kueny, City Manger, gave the staff report. The floor was then opened for public comment. 9.A -1. Mr. Don Fender, 14875 Campus Park Drive, was afraid a redevelopment project within the City might change some of the historical aspects of Moorpark. He also felt General Plan updates should be done prior to consideration of redevelopment, and that, in light of current events, the City Council should not be named as the Redevelopment Agency. Minutes of the City Council Moorpark, California 5 March 4, 1987 9.A -2. Mr. Joseph C. Latunski, 289 Casey Road, asked where people would live if redevelopment caused their area to be bulldozed. an Councilmember Galloway asked if park development would be considered by the redevelopment program. Staff responded park improvement would be studied as a part of the redevelopment plan. Cheryl Kane, City Attorney, then read the ordinance in title. The Council waived further reading of the ordinance on a motion by Councilmember Brown, seconded by Councilmember Perez and approved on a voice vote. Ms. Kane then introduced the ordinance for first reading by reading it in title only. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to approve the proposed ordinance for first reading and introduction. The voice vote was unanimous. A proposed ordinance amending the Municipal Code to provide for extending the time period_ in which Zoning Clearances, Building Permits, and Time Extensions on existing Building Permits are valid, from 180 days currently in effect to one (1) near. Patrick Richards, Director of Community Development, gave the staff report. Councilmember Brown inquired as to the number of permits which would be affected by this ordinance. Mr. Richards responded there were 2,354 permits approved in 1986. Currently, the 180 -day timeclock begins with the first call for inspection of the project, which is the interpretation called out in the Uniform Building Code. 9.B -1. Mr. Bob Crockford, 7189 Walnut Canyon Road, member of the Committee for Managed Growth, spoke in opposition to the proposed ordinance. 9.B -2. Mr. Don Fender, 14875 Campus Park Drive, asked if the City wasn't giving the builders a free six months by instituting this ordinance. He felt the City would lose money. Councilmember Brown responded the proposed ordinance would allow an additional six months, but fees are to be attached to that extension. 9.B -3. Mr. Joseph Latunski, 289 Casey Road, spoke in opposition to the proposed ordinance. 9.B -4. Mr. Fred Ferrell, 6712 Chapman Place, commented the proposed ordinance would only affect 100 units, so the Council wasn't considering alot of money. Councilmember Galloway commented it would apply to permits which were vested as well as those which were not vested. Public comments were closed as there were no other Speaker Cards. The following motion was then heard. Minutes of the City Council Moorpark, California 6 March 4, 1987 MOTION: Councilmember Ferguson moved to introduce the ordinance for first reading as presented. The motion died for lack of a second. MOTION: Councilmember Brown moved and Councilmember Ferguson seconded a motion to direct staff to formulate a new ordinance which would address use and inauguration of building permits only. Councilmember Galloway favored an ordinance which would protect future standards which might come into being during the term of a time extension. Councilmember Perez and Mayor Harper felt the building code seemed to work effectively and saw no need for the ordinance presented. On a voice vote, Councilmembers Galloway, Perez and Mayor Harper voted no, and Councilmembers Brown and Ferguson voted in the affirmative. MOTION: On a motion made by Councilmember Galloway and seconded by Councilmember Brown, the wording currently in place will remain. The voice vote was unanimous. AT THIS POINT the Council recessed, the time being 10:30 p.m. At 10:55 p.m. the meeting was reconvened. All Councilmembers were in attendance. 9.C. Resolution No. 87 -372 requested by LAFCO to amend the Tierra Re.iada 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. Staff's recommendation was to approve the resolution presented and initiate a request to expand the boundary of the greenbelt within the Tierra ada Vall Michael Rubin, Senior Planner, gave the staff report. There were no Speaker Cards. Councilmember Brown spoke against taking any other land out of the greenbelt. Councilmember Galloway requested that if a portion of land was removed from the greenbelt, that a like amount of land be added to the greenbelt. Mayor Harper suggested the recommended Areas A and B mentioned in the staff report be studied for inclusion in the greenbelt area, and that a response from the Cities of Simi Valley and Thousand Oaks be requested concerning this addition. The following motion was then heard: MOTION: Councilmember Galloway moved and Councilmember Perez seconded a motion to adopt the resolution as presented with the additional wording; "Section 3. This Council approves the request by the staff of the Local Agency Formation Commission (LAFCO) of Ventura County to amend the boundary of the greenbelt within the Tierra Rejada Valley, as shown on 'Exhibit B', attached hereto and incorporated herein." The motion was approved on a voice vote with Councilmember Ferguson voting no. MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to strongly recommend that this and future amendments be accomplished with compensating changes in the area adjacent to the greenbelt area, and that policies be developed between the cities affected to govern future amendments to the greenbelt Minutes of the City Council Moorpark, California 7 March 4, 1987 area. After discussion, the motion was withdrawn with the concurrence of the second. MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to request LAFCO immediately consider the inclusion of Areas A & B of Figure 2 of the staff report for inclusion in the Tierra Rejada Greenbelt Area. The voice vote was unanimous. 9.D. Resolution No. 87 -373 initiating proceedings for the annual assessments for the Moorpark Lighting Maintenance Assessment District No. AD -84 -2, and ordering the City _Enn ineer to prepare and file a report in accordance therewith. Steven Kueny gave the staff report. 9.D -1. Mr. Joseph Latunski, 289 Casey Road, spoke against the continuation of this assessment district. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to approve Resolution No. 87 -373. The roll call vote was unanimous. 9.E. Resolution No. 87 -374 initiating proceedings for the annual assessments for the Parks Maintenance Assessment District No. AD -85 -1, and ordering the City Engineer _to_ pre ap re and file a report in accordance therewith. Steven Kueny gave the staff report. Councilmember Ferguson felt the continuation of the assessment district should go to a vote of the people. 9.E -1. Mr. Joseph Latunski, 289 Casey Road, spoke against the continuation of this assessment district. MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to approve Resolution No. 87 -374. The roll call vote was approved with Councilmember Ferguson voting no. 9.F. Resolution No. 87 -375 amendina the rate schedule to the Citv Engineer Services Agreement with Willdan Associates. Steven Kueny gave the staff report. Mayor Harper asked staff to look at the possibility of handling city engineer functions in- house. Councilmember Brown concurred. 9.F -1. Mr. Joseph Latunski, 289 Casey Road, was concerned with the city's contract engineer. Councilmember Ferguson commented the suggested hourly rates were reasonable, however, he felt the number of hours which were spent accomplishing projects was too high. MOTION: Councilmember Brown moved and Councilmember Ferguson seconded a motion to approve Resolution 87 -375 as presented, and to direct staff to survey other communities and compile related information to make a report concerning in -house engineering services. The roll call vote was unanimous. Minutes of the City Council Moorpark, California 8 March 4, 1987 AT THIS POINT IN THE MEETING, it was the concurrence of Council to reorder the agenda. The following items were heard with the remaining items continued to March 11, 1987. 10. COMMENTS FROM COUNCILMEMBERS: 10.A. Councilmember Brown gave a brief report concerning bicentennial activities and requested that Council appoint a Bicentennial Committee. She also asked if it was possible to publish the Planning Commission agenda any sooner, and commented on the lack of bus benches available for public use. 10.C. By consensus the Council appointed Councilmembers Brown and Perez and the City Manager to an ad hoc committee to review the Rules of Procedure for City Council Meetings, 10.0 -1. Mr. Joseph Latunski, 289 Casey Road, asked that the Council not limit citizen's access to speak at Council Meetings. AT THIS POINT the Council recessed, the time being 12:20 a.m. The full Council reconvened at 12:30 a.m. 11. STAFF REPORTS /RECOMMENDED ACTION ITEMS: 11.A. 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 ( Calprop). The applic_a_nt is appealing the decision of the Commission to require a wall height of six feet. Staff's Recommendation was for Council to deny the appeal. Mike Rubin gave the staff report. 11.A -1. Robin N. Stone, 5456 McConnell, Los Angeles, representing Calprop Corporation, asked the Council to uphold their appeal. 11.A -2. Steven Brodsky, 4572 Vista Del Valle, supported the Planning Commission's decision, urged the Council to deny the appeal, and also asked for a solid plaster or block perimeter wall at the project site, not wrought iron fencing. Councilmember Perez voiced his support of the Planning Commission's decision. Mayor Harper felt the 6' height was preferred, and felt wrought iron fencing could be used between the houses. MOTION: Councilmember Perez moved to uphold the Planning Commission's action pertaining to all requests of the applicant. The motion failed for lack of a second. MOTION: Councilmember Galloway moved and Councilmember Ferguson seconded a motion to allow a wall height of 5', and to permit wrought iron fencing on upslope portions of side yard fencing rather than continuous use of slumpstone block. The motion was approved with Councilmember Perez and Mayor Harper voting no. Mayor Harper commented he could not support the 5' wall height. Minutes of the City Council Moorpark, California 9 March 4, 1987 11.B. Consider awarding the Griffin Senior Park Improvement Project. Staff's Recommendation was to award the project to BLM Constructors for $28,200. Jerry Forde, Director of Community Services, gave the staff report. 11.B -1. Mr. Tom Baldwin, 6475 Pepperdine, was concerned the play equipment was not included in the bid process, and also wanted a gazebo in the park. He asked that Council return this project to the Parks and Recreation Commission. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to return this project to the Parks and Recreation Commission with the recommendation that they not spend more than necessary for the project. The voice vote was unanimous. 11.K. Consider the acceptance of North Meadows Park from Urban West Communities. Staff's Recommendation was to accept the park into the City's Park System since the project had been completed per the City's approved plans and specifications. Jerry Forde gave the staff report. 11.K -1. Mr. Tom Baldwin, 6475 Pepperdine, recommended the Council accept the park into the City's Park System. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to accept the park as currently constructed effective March 5, 1987, authorized the recordation of the Grant Deed, and directed staff to return with an agreement with Urban West Communities for one year maintenance of the park, and waived the Quimby requirement that gas lines have to be stubbed into the park site. The voice vote was unanimous. 11.C. Consideration of a new liquor license being issued to Crazy Ted's. Staff's Recommendation was to forward a letter to the Alcoholic Beverage Control outlinina anv Council concerns. Patrick Richards gave the staff report, noting a Minor Modification was needed due to a change in the occupancy conditions. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to forward a letter to Alcoholic Beverage Control outlining the City's occupancy concerns and requesting no license be granted until those concerns are resolved. The voice vote was unanimous. 12. STAFF REPORTS /INFORMATION ITEMS: 12.A. Comments regarding possible slope failure_ concerns in Tract 4037 ( Calprop) near Mr. Brody_ _s roperty. Dennis Delzeit, City Engineer, gave the staff report. It was his conclusion that the field review of the site was not definitive; he was not sure if an undercut had occurred as a result of actions by Calprop. Minutes of the City Council Moorpark, California 10 March 4, 1987 12.A -1. Mr. Steve Brodsky, 4572 Vista Del Valle, stated he felt Calprop had undercut his slope. The report was received and filed by the Council. 11.J. Request to advertise for bids relating to the Tierra Rejada Bridge Project and associated street improvements. Staff's Recommendation was to authorize the request to advertise for bids. Dennis Delzeit gave the staff report. MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to authorize the advertisement calling for bids for the construction of the Tierra Rejada Road bridge, channel improvements and road improvements. The voice vote was unanimous. 11.I. Consideration of the agenda for the Town Hall Meeting, and confirming the date and time of the meetinq. Maureen Wall, City Clerk, gave the staff report. It was the consensus of Council to announce the Town Hall Meeting and the North Meadows Park Grand Opening on March 21, 1987 via the media resources available, and to set the agenda for the meeting (Goal and Priorities for the City, the Work Program, and Public Comments). 11.P. Consideration of a draft letter outlining the Council's concerns regarding AB -13, a proposed bill restricting City development fees. Staff's Recommendation was to authorize the Mayor to sign the draft letter on behalf of the Council. Patrick Richards gave the staff report. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to authorize the Mayor to sign the proposed letter addressed to Assemblyman Cortese stating the City's opposition to AB -13 on behalf of the Council. The voice vote was unanimous. 13. FUTURE AGENDA ITEMS: The following items were mentioned as future agenda items: reorganization of the City Council, and a review of Ordinance #33. 14. CLOSED SESSION: MOTION: Councilmember Perez moved and Councilmember Galloway seconded a motion to add two items concerning possible litigation between the City and the Moorpark Mirror, and between the City and the Gisler family, which arose after the posting of the agenda, under Closed Session. These items will become items 14.B. and 14.C. on the agenda. The voice vote was unanimous. Minutes of the City Council Moorpark, California 11 March 4, 1987 14.A. Discussion of A -C Construction litigation. The Council then adjourned to Closed Session under Government Code Section 54956.9(a) to discuss the A -C Construction case, the time being 2:32 a.m. No action was reported. At 3:29 a.m. the Council reconvened in Open Session, found a need to adjourn to a Closed Session to discuss the B.I.A. lawsuit under Government Code Section 54956.9 (a) on a motion by Councilmember Galloway, seconded by Councilmember Brown, and approved unanimously by a voice vote. The Council adjourned to a Closed Session; no action was reported. The Council reconvened in Open Session at 3:34 a.m. and adjourned the meeting to Wednesday, March 11, 1987 at 7:00 p.m. on a motion by Councilmember Perez, seconded by Councilmember Galloway, and approved unanimously. Clint D. Harper, Mayor ATTEST: Maureen W. City Clerk