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HomeMy WebLinkAboutMIN 1987 0429 CC ADJMINUTES OF THE CITY COUNCIL Moorpark, California April 29, 1987 The adjourned meeting of the City Council of the City of Moorpark, California was held on April 29, 1987, in the Council Chambers of City Hall located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: The meeting was called to order at 7:15 p.m. by Mayor Clint Harper. 2.' PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Brown. 3. ROLL CALL: Present: Councilmembers Eloise Brown, Thomas Ferguson, John Galloway, Bernardo Perez, and Mayor Clint Harper. Steven Kueny, City Manager; Cheryl Kane, City Attorney; Patrick Richards, Director of Community Development; Gerald Forde, Director of Community Services; Thomas P. Genovese, Director of Administrative Services; Lt. Michael Brown, Sheriff's Department; Dennis Delzeit, City Engineer; John Knipe, Assistant City Engineer; and Maureen W. Wall, City Clerk. 4. APPROVAL OF MINUTES: None were presented for approval. 5. PROCLAMATIONS, COMMENDATIONS ,SPECIAL PRESENTATIONS: None were presented. 6. PUBLIC COMMENTS: A. Ms. Teresa A. Cortes, 1095 Walnut Canyon Road, reported on the status of the family whose home was destroyed by fire. She also announced that Villa Campesina was having a fiesta on Saturday, May 2, 1987, as a benefit to raise funds to send someone from that organization for training on how to deal with housing problems. Minutes of the City Council Moorpark, California 2 April 29, 1987 B. Mr. Joseph T. Intiso, 15750 Los Angeles Avenue, #203, brought forward some suggested changes to the current rent control ordinance which he asked the Council to consider. His principal area of concern was the calculation of rent increases. C. Mr. Richard Thomason, 4770 Avedon Road, what they were doing with his suggestion someone to lobby in Sacramento for monii the City's traffic problems. Council diligently working with a committee to matter. asked the Council that the City hire ?s to help mitigate responded we are take care of this D. Mr. Tom Baldwin, 6475 Pepperdine, asked the Council to direct staff to closely monitor the current slurry seal project to ensure it was being done correctly. Dennis Delzeit, City Engineer, responded his office will be inspecting the work prior to its acceptance. 7. CONSENT CALENDAR: Nothing was presented for approval. 8. PUBLIC HEARINGS: None were held. 9. ORDINANCES /RESOLUTIONS: None were presented. 10. COMMENTS FROM COUNCILMEMBERS: A. Appointment(s) _to the _Citizens _ Transportation _ Adv_i sor Committee CTAC 1. Mrs. Connie Lawrason, 4291 Ambermeadow Street, addressed the Council volunteering to serve on the Citizens Transportation Advisory Committee. 2. Mr. Ron Arnone, 14455 East Loyola Street, stated he felt nothing affected our community more than our traffic problems. He also volunteered to serve on the Citizens Transportation Advisory Committee. A letter was also received by Mr. Michael Williams volunteering for service on this committee. MOTION: Councilmember Perez moved and Councilmember Brown seconded a motion to appoint Michael Williams, Connie Lawrason and Ron Arnone (as alternate) to CTAC. The City Clerk was directed to forward the appropriate letters. Minutes of the City Council Moorpark, California 3 April 29, 1987 B. Councilmember Galloway asked if members of the Council were still organizing a committee to lobby Sacramento with our concerns regarding Highways 118 and 23. Mayor Harper responded work was being done in this regard. C. Councilmember Perez asked staff if there was to be a meeting of the Design Standards Committee soon. Patrick Richards, Director of Community Development, responded a meeting date was being established. D. Mayor Harper asked that a progress report on the Redevelopment Agency, and also on the area of land to be landscaped at the corner of Peach Hill Road and Moorpark Road be placed on a future agenda. 11. STAFF REPORTS /RECOMMENDED ACTION ITEMS: A. Peach Hill Improvements. Further consideration concerning a possible award of bid for the Peach Hill Park improvements. Staff's recommendation was to award the bid. Gerald Forde, Director of Community Services, gave the staff report dated April 27, 1987. Councilmember Brown stated that someone had suggested her living in close proximity to the proposed Peach Hill Park might be a conflict of interest. City Attorney Cheryl Kane stated there might be a conflict of interest and suggested that Councilmember Brown listen to the item on this agenda, but the Council might defer action until a later time. Mayor Harper stated he would still like to take any public testimony offered. Councilmember Galloway agreed, stating testimony could be taken and then action deferred one week. AT THIS POINT IN THE MEETING, Councilmember Brown stepped down from the dais. 1. Mr. Steve Gaines, 13208 Quail Summit, felt the City needed the park, but suggested it should be a passive park. He felt the City did not have the funds to maintain the park now, and more funds would be necessary if the park were to be developed as an active park. Councilmember Ferguson asked City Manager, Steven Kueny, if there had been a public hearing on the project as proposed. Mr. Kueny responded no, except for the hearing concerning the negative declaration relating to lighted fields in the park. Councilmember Ferguson stated he would like to have a public meeting on the proposed active park to gather the public's comments concerning this issue. 2. Ms. Leslie K. Bennett, 12795 Summer Street, stated she felt Councilmember Brown should not vote on the park project since she lives so close to the site. She Minutes of the City Council Moorpark, California 4 April 29, 1987 also stated she would like to see lighted ball fields in the park. 3. Ms. Ginger Hitz, 13132 East Annette Street, stated she felt the City needed an active park. 4. Mr. Robert Schwab, 13131 Honeybee Street, stated he was not against having ball fields in the park, but that he did not want to see those fields lighted, especially until 10:00 p.m. at night. He also felt there was not sufficient parking space available to accommodate the number of people who might use the park if the park has lighted fields. He further suggested lighted ball fields might be installed in the 69 -acre community park. 5. Mr. Jeff Rosen, 4365 North Ashtree, stated the community needed an active park. He further stated his opinion that politics should not be involved, and that perhaps the scope of the project might be reduced somewhat, but not to the point that it would become a passive park. 6. Mr. Leonard Johnson, 4360 Brookdale, stated he has lived in Moorpark for 14 years. He felt the project cost was too high and that not enough parking spaces were being provided. 7. Mr. William Mason, 437 Shasta Avenue, did not feel that lights were necessary in the park. 8. Mr. Tom Baldwin, 6475 Pepperdine, stated Peach Hill Park needed to be active and wanted the park to be built as soon as possible. It was also his impression that the lights were to be turned off at 9:30 p.m. not 10:00 P.M. 9. Mrs. Cynthia Todd, 4240 Tecolote Court, presented a petition signed by citizens of the City in support of the active park as proposed. 10. Ms. Ginger Stratton, 6049 Darlene Lane, stated she has lived in Moorpark for 27 years, and has coached girls soccer for several years. There is a real need, she felt, for more soccer fields, and she asked the Council to approve the project as proposed. Additionally, she felt that a well- planned park would ensure that all residents of the City would utilize the park. 11. Ms. Marcia Shaffer, 13811 Christian Barrett Drive, felt Peach Hill Park needed to be an active park. Minutes of the City Council Moorpark, California 5 April 29, 1987 12. Ms. Gay Aguilar, 80 Fremont, the City for over 13 years. approve an active park. has been a resident of She asked the Council to 13. Pat Miranda, 6526 North Amherst Street, stated the passive park in the Campus Park area was not being used and stated the community needed an active park. 14. Mrs. Connie Lawrason, 4291 Ambermeadow Street, asked the Council to make Peach Hill Park an active park where different types of sporting events could take place. 15. Mr. Richard Stratton, 6049 Darlene Lane, stated the community needed an active park especially since the City has more and more children who want to participate in sports activities. He also felt the ball fields should be lighted. Councilmember Galloway suggested discussing the project amongst the Council, but defer action until the possible conflict of interest for Councilmember Brown had been resolved. Both Mayor Harper and Councilmember Perez favored an active park on the Peach Hill Park site. Councilmember Ferguson stated he would like to have a public hearing on the proposed site to discuss the issue prior to voting on the project. He stated he would like to see the park developed, but at a lower cost. The following motion was then heard: MOTION: Councilmember Galloway moved and Councilmember Ferguson seconded a motion to issue a notice for a public meeting on May 6, 1987, concerning the proposed park project in the local newspapers and with the neighborhood councils and defer a final decision until that time. The voice vote was unanimous. THE COUNCIL THEN RECESSED, the time being 9:20 p.m., and then reconvened at 9:47 p.m. with Councilmember Brown again present. D. Review of a proposed pedestrian bridge across the Arroyo Simi and relating to a condition for PD -1010 (Palmer). Staff's recommendation was to defer action until consideration of the major modification. Steven Kueny gave the staff report March 13, 1987. Councilmember Galloway asked if Council's first action to apply the condition of the pedestrian bridge would take precedence over any second action. Cheryl Kane responded the condition was not effective until Council has so notified the developer. Councilmember Galloway stated he thought the Minutes of the City Council Moorpark, California 6 April 29, 1987 original condition project attractive pedestrian bridge project. was one of the things that made the to the City, and that he wanted the to remain in the conditions for the Mr. Mitchel B. Kahn, 500 Esplanade Drive, Oxnard, attorney for G. H. Palmer, stated the community park had not been conceptualized as yet, but Moorpark Avenue seemed to be a good location for the pedestrian bridge to his client. By consensus of Council, no action was taken as the pedestrian bridge related to Condition No. 29 of PD -1010 which is to be the subject of a Major Modification in the near future. Additionally, the traffic signal was directed to be installed at Moorpark Avenue and Los Angeles Avenue as currently conditioned, and the low to moderate income level units were to be spread throughout the project site. The item was then continued to June 3, 1987. H. No Parking Any Time on Collector Streets within Mountain Meadows (PC -3). Consider alternatives available to accommodate proposed bike lanes in the Mountain Meadows Planned Community. Staff's recommendation was to request input from the affected Homeowner Associations concerning the establishment of "No Parking Any Time" zones. Steven Kueny gave the staff report dated April 3, 1987. 1. Mrs. Connie Lawrason, 4291 Ambermeadow Street, spoke in support of no parking along the collector streets. There being no further public comment, the following motion was heard: MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to request input from the affected homeowner associations concerning the establishment of "No Parking Any Time" zones on collector streets within Mountain Meadows. The voice vote was unanimous. L. Consideration of the purchase of bus benches for the City's transit service. Staff's recommendation was to appropriate funds necessary for the acquisition of bus benches for the City's transit service. Thomas Genovese, Director of Administrative Services, gave the staff reports dated April 10, and April 15, 1987. Councilmember Ferguson stated he was in favor of allowing advertisements on the bus benches. Councilmember Galloway was opposed to such advertisement. Councilmember Brown was in favor of allowing advertisement on the benches and requiring the advertisers to maintain the benches. Mayor Minutes of the City Council Moorpark, California 7 April 29, 1987 Harper was not in favor of advertising on the benches, stating if a style of bus bench is chosen with care, bus benches could add a lot aesthetically to the community. Councilmember Perez thought it would be nice to have bus benches which did not have advertisements on them. After discussion, the matter was continued to May 20, 1987. M. Information from the League of California Cities concerning the possible implementation of a Charter City VS a General Law City form of government for Moorpark. Staff's recommendation was to direct staff to proceed as deemed appropriate by the Council. Cheryl Kane gave an overview of the benefits of a Charter City and the benefits of a General Law City stating a General Law City had greater fiscal flexible, but that a Charter City had more control over land uses. The City Manager suggested to Council that they direct the City Attorney's office to further investigate the issue focusing on Council's areas of concern as mentioned in the joint meeting between the Council and the Planning Commission. Councilmember Brown felt Council was asking enough of staff already. By consensus, the City Attorney's office was directed to review the matter further. N. Consider the installation of a three -way stop at the intersection of Peach Hill Road and Tierra Rejada Road. Staff's recommendation was to not install stop signs. Dennis Delzeit gave the staff report dated March 27, 1987. Councilmember Galloway asked if there were some appropriate signage which could be installed which would alert drivers to the "T" intersection at this corner. Mr. Delzeit said there was. Councilmember Brown asked if proper signage could be added at the corner of Peach Hill Road and Moorpark Park to identify Peach Hill Road. Mr. Delzeit said that could be done. Councilmember Perez asked that the speed limit along Peach Hill Road be actively enforced. By consensus of Council, the City Engineer will report back to the Council concerning alternative methods of signage for the subject intersection. R. Consider revision of Ordinance No. 33, an ordinance relating to commissions. Staff's recommendation was to give staff direction in the preparation of a revised draft ordinance. Minutes of the City Council Moorpark, California 8 April 29, 1987 Steven Kueny gave the staff report dated March 18, 1987. Mayor Harper stated he favored continuing with the present practice of leaving commissioners in office until a reorganization of Council, which would occur in November of even - numbered years, unless commissioners are removed sooner pursuant to current removal procedures. Councilmember Galloway stated he felt there should be a relationship between Councilmembers and the commissioner they nominated, but it should be insulated. He favored leaving commissioners in office until the Special Election results were certified in June 1987, and then the Council could confirm an appointment based upon the nomination of the newly elected Councilmember. Councilmember Brown felt the successful candidate of the Special Election on June 2, 1987 should be able to nominate someone to each commissions. Mr. William Mason, 437 Shasta Avenue, asked if the newly elected Councilmember were allowed to nominate a commissioner, could that Councilmember nominate someone who was already appointed to the commission. Mr. Kueny responded yes. The following motion was then heard: MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to eliminate Section 2.06.130 (c) "Each Commissioner shall serve at the pleasure of his or her nominating Councilmember or his or her successor. "; and to specify the term of office would be for two years except when a vacancy on the City Council were filled by a Special Election; when the term is one year or more, then the City Council could appoint someone new to both commissions; and the current commissions would serve until the newly elected Councilmember was seated. After discussion, the motion was withdrawn by both Councilmembers Brown and Perez. By consensus of Council, the matter was directed to be brought back on May 6, 1987. T. Tierra Rejada Road and Bridge Protect. 1. Consider the approval of an agreement for possession of real property, Tierra Rejada Road, Moorpark, California. Staff's recommendation was to approve the agreement, and to authorize the Mayor to sign the agreement on behalf of the City. 2. Consider awarding the Tierra Rejada Road and Bridge Project. Minutes of the City Council Moorpark, California 9 April 29, 1987 This item was continued to May 6, 1987 by consensus of Council. AT THIS POINT IN THE MEETING, the following motion was heard: MOTION: Councilmember Ferguson moved and Councilmember Brown seconded a motion to add a Closed Session item to the agenda concerning negotiations with Mr. Boething as the need to take action arose subsequent to the posting of the agenda. The voice vote unanimously approved the motion adding the matter to the agenda as Item 14.B. U. Report from the City Engineer's office concerning conditions relating to the issuance of an encroachment permit for Tract #4037 (Calprop). Staff's recommendation was to approve staff's recommended conditions. Dennis Delzeit gave an oral staff report commenting the suggested extended work hours were to be from 7:00 a.m. to 10:00 p.m. By consensus the Council approved the conditions as recommended by staff in addition to lengthening the work days, if deemed appropriate by staff. V. Request from Department of Community Development to use a contract planner. Staff's recommendation was to authorize the City Manager to sign a contract with a planning consultant firm after a deposit was made by the applicant. Patrick Richards gave the staff report dated April 24, 1987 commenting Cabot, Cabot & Forbes had no problems with the arrangement as presented. There were no questions of staff. The following motion was heard: MOTION: Councilmember Brown moved and Councilmember Ferguson seconded a motion to approve the use of Sanchez Talarico Associates as case planner for the proposed 200,000 square foot industrial complex within the Cabot, Cabot & Forbes (CC &F) Moorpark Business Center so long as CC &F pays all costs associated with this contractor not to exceed a specified amount; to require CC &F to deposit with the City an amount to cover the estimated cost of the Sanchez Talarico Associates contract; and to authorize the City Manager to sign said contract with Sanchez Talarico after deposit was made by CC &F. The voice vote was unanimous. 12. STAFF REPORTS /INFORMATION ITEMS: A. Quarterly Status Report - Residential, Commercial and Industrial Development. Patrick Richards gave the staff report dated April 8, 1987. There being no questions of staff, the report was received and filed by consensus of Council. B. Report concerning directed patrol on Walnut Canyon Road. Minutes of the City Council Moorpark, California 10 April 29, 1987 Lt. Michael Brown, gave the staff reports dated April 9 and April 22, 1987. There were no questions of staff. The report was received and filed by consensus of Council. E. Report concerning utility trench backfill requirements. Dennis Delzeit gave the staff report dated April 8, 1987. There were no questions of staff. MOTION: Councilmember Perez moved and Councilmember Ferguson seconded a motion to direct that utility trenches excavated within existing streets be compacted to a minimum of 90% relative density above pipe zone to subgrade; and at the option of a contractor, subject to City approval, a cement slurry backfill may be used in place of the 90% compacted fill. The voice vote was unanimous. F. Report concerning film permit application. Thomas Genovese gave the staff report dated April 24, 1987. Lt. Brown will also require that officers are at the film shooting sites during outside filming. The report was then received and filed by consensus of Council. AT THIS POINT IN THE MEETING, Councilmember Brown moved and Councilmember Ferguson seconded a motion to add the following items to the agenda since the need to take action arose subsequent to the posting of the agenda: 1. Closed Session: Consider a Resolution of Necessity to initiate proceedings concerning Southern California Edison. 2. Closed Session: Pending litigation - U.S. Condominium. 13. FUTURE AGENDA ITEMS: Councilmembers requested the following items be placed on future agendas: progress report concerning the redevelopment project, progress report concerning the area to be landscaped at the corner of Peach Hill Road and Moorpark Road, special presentation by Mr. Ed Ball concerning the Chamber's Economic Development Committee, and a report concerning the possibility of in- housing engineering. 14. CLOSED SESSION: MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to adjourn to a Closed Session under Government Code Section 54957 to discuss 14.A., under Government Code Section 54956.8 to discuss 14.B., and under Government Code Section 54956.9 to discuss 14.C. The voice vote was unanimous. The time was 12:44 a.m. A. Personnel. There was no action to report. Minutes of the City Council Moorpark, California 11 April 29, 1987 B. Negotiations with Boething. Council found that there was a potential need to proceed with court action to acquire the necessary property from Boething for construction of the Tierra Rejada Road. Steven Kueny indicated that if court action to condemn the property is commenced, the City must deposit the $125,000 estimated cost of the property with the court. MOTION: Councilmember Galloway moved and Councilmember Perez seconded a motion to appropriate an amount not to exceed $125,000 form the Tierra Rejada /Moorpark Road Area of Contribution and to authorize the appropriate City officials to sign the warrant for the necessary deposit of funds with the court. The roll call vote was unanimous. C. Pending litigation - U.S. Condominium. Council found a need to remain in Closed Session to discuss this item pursuant to Government Code Section 54956.9 (b) 0). 15. ADJOURNMENT: The Council reconvened in Open Session at 2:06 a.m. The following vote was then heard: MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to adjourn the meeting, the time being 2:09 a.m. The voice vote was unanimous. 62i� Clint D. Harper, PhD Mayor ATTEST: Maureen W. Wall, City Clerk