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