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HomeMy WebLinkAboutMIN 1988 0210 CC ADJMINUTES OF THE CITY COUNCIL Moorpark, California February 10, 1988 The Adjourned Meeting of the City Council of the City of Moorpark, was held on February 10, 1988, in Room A of the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: The meeting was called to order at 6:15 P.M. by Mayor Galloway. AT THIS POINT IN THE MEETING, item number two, Pledge of Allegiance, was not heard. 2. ROLL CALL: Present: Councilmembers Eloise Brown, Clint Harper, and Mayor Galloway. Absent: Councilmember John Lane (entered the meeting at 6:30 p.m.) Also Present: Steven Kueny, City Manager; Cheryl Kane, City Attorney; Patrick Richards, Director of Community Development; Thomas Genovese, Deputy City Manager; Philip Newhouse, Director of Community Services; Lt. Michael Brown, Sheriff's Department; and Maureen W.Wall, City Clerk. 3. REORDERING OF, AND ADDITIONS TO, THE AGENDA: City Attorney, Cheryl Kane asked that an item be added to the Closed Session items of the agenda. She recommended that it be numbered Item 14.D City of Moorpark vs. Boething. She further stated that the need to take action on this item arose after the posting of the agenda. The following motion was heard: MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to add Item No. 14.D City of Moorpark vs. Boething to the agenda since the need to take action on this item arose subsequent to the posting of the agenda. The voice vote was unanimous with Councilmember John Lane absent. Then another motion was heard. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to adjourn to Closed Session for the items Minutes of the City Council Moorpark, California 2 February 10, 1988 listed, and added to the agenda. The voice vote was unanimous with Councilmember John Lane absent. The time was 6:17 P.M. Present in the Closed Session were Councilmembers Brown and Harper; Mayor Galloway; Steven Kueny, City Manager; and Cheryl Kane, City Attorney. At 6:30 P.M. Councilmember John Lane entered the Closed Session. The full Council reconvened at 7:15 P.M. in the Council Chambers at City Hall of said City with the City Attorney reporting that no action had been taken during Closed Session. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember John Lane. 3. ROLL CALL: Present: Councilmembers Eloise Brown, Clint Harper, John Lane, and Mayor John Galloway. Steven Kueny, City Manager; Cheryl Kane, City Attorney; Patrick Richards, Director of Community Development; Philip Newhouse, Director of Community Services; Thomas Genovese, Deputy City Manager; John Knipe, Assistant City Engineer; Lt. Michael Brown, Sheriff's Department; Stan Rap, Fire Department; and Maureen W. Wall, City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: None were presented. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: City Manager, Steven Kueny reported that the 6:15 call to order of the meeting item No. 14.D City of Moorpark vs. Boething had been added to the agenda. Additionally, he asked that a tree trimming project be added to the agenda concerning trees on McFadden at Coronet. The following motion was heard: MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to add item No. ll.P Tree Trimming project to the agenda since the need to take action arose subsequent to the posting of the agenda. The voice vote was unanimous. Minutes of the City Council Moorpark, California 3 6. PUBLIC COMMENTS: February 10, 1988 A. Tom Zanic, 520 Broadway Suite #100, Santa Monica, asked that the City Council not reconsider Resolution No. 88 -442 Item 11.0 on the agenda since there had been no changes in the project since the Resolution was first brought to the City Council for consideration. B. Ian Sander, of Dick Clark Productions, stated his firm would like to film a family - oriented movie in the City of Moorpark and asked Council to give his firm direction as to how to proceed in the film process. C. Randy Unger, of Dick Clark Productions, felt his firm would be providing financial benefits to the City since they would be hiring locals as extras and would be frequenting the City restaurants. He additionally asked for the City Council's help in resolving permit process problems. D. Joseph C. Latunski, 289 Casey Rd., asked the City Council to restore zoning to his property as it was previously. He stated he will be willing to file a lawsuit if this action is not taken. E. Howard Yaras, 4248 Laurel Glen Dr., Vice President of Buttercreek Homeowners Association, asked that the Council consider placing a stop sign on the corner of Westbound Williams Ranch Road and Southbound Laurel Glen Drive and to perhaps additionally place speed bumps on Laurel Glen Drive and East Hillside Drive. He stated traffic is cutting through from Walnut Creek to Williams Ranch Road, by using Hillside Drive and Laurel Glen Drive, and this has created an unsafe situation along these stretches of roadway. He additionally presented the Council with a petition signed by twenty -nine residents of the area asking that measures be taken to correct this unsafe condition. F. William Mason, 437 Shasta Ave., stated he does not want to see a Park Assessment District put in place this year. He would like to see a downtown park in place before a Parks Maintenance Assessment District is applied City wide. G. Gina Manchester, General Manager of Camrosa Water District, 7385 E. Santa Rosa Rd., Camarillo, requested Council to support the District's request for postponement of the LAFCO hearing, scheduled for February 17, 1988, concerning the detachment of a parcel known as the Embassy Project from the Minutes of the City Council Moorpark, California 4 February 10, 1988 water district. 7. COMMITTEE REPORTS: None were presented. 8. CONSENT CALENDAR: None were presented. 9. PUBLIC HEARINGS: None were scheduled. 10. COMMENTS FROM COUNCILMEMBERS: Councilmember Harper commented that he would like to see the film permit for Dick Clark Productions approved if at all possible. City Manager, Steven Kueny, commented that the film application had not been filed in a timely manner. Thomas Genovese, Deputy City Manager, stated the permit process normally allowed thirty days for processing and this was not done in the case of Dick Clark Productions. He added that the permit application has also been revised twice since its initial filing on February 4, 1988. Lt. Mike Brown of the Police Department stated he has met twice with representatives of the film company. His department is concerned with security, traffic and public safety at the site. It appears the filming will take place Monday through Friday for two weeks. Caltrans has not been consulted concerning their objections and /or concerns of the filming. He did indicate that staff costs will be fully covered prior to the first day of shooting. Councilmember Harper also commented he would like to see staff meet with Camrosa water District and suggested that this item be added to the agenda so that the City Council could discuss asking LAFCO to delay their public hearing concerning the Embassy parcel. The following motion was heard. MOTION: Councilmember Harper moved and Councilmember Brown seconded a Motion to suspend the rules to allow an item to be added to the agenda at this point in the meeting. The voice vote was unanimous. The following motion was then heard. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to add an item as ll.Q to the agenda in Minutes of the City Council Moorpark, California 5 February 10, 1988 order to discuss the request of Camrosa Water District to ask LAFCO to delay their February 17, 1988 public hearing concerning detatchment of the Embassy parcel since the need to take action on this item arose subsequent to the posting of the agenda. The voice vote was unanimous. Councilmember Lane expressed concern with Mr. Yaras request that the City look into the placement of a stop sign and /or speed bumps to correct a traffic safety problem in their area. Councilmember Harper commented the City staff might want to consult with the Fire Department concerning the installation of speed bumps since he remembered the Fire Department having concerns relative to potential damage to their firetrucks in relation to speed bumps along roadways. Steven Kueny stated staff is requesting that the film permit be denied. He indicated it has taken a lot of time and estimated to take additionally two more man days to complete the filming process. The following motion was then heard. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to suspend the rules to allow an item to be added to the agenda at this point in the meeting. The voice vote was unanimous. The following motion was then heard. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to add consideration of the Dick Clark Production film permit request to the agenda since the need to take action arose subsequent to the posting of the agenda. The voice vote was unanimous. Councilmember Lane asked that a letter received from Mrs. Thomas Bradford concerning the erosion of her driveway be looked into by staff. John Knipe, Assistant City Engineer, commented this concern would be added to the "punch list" for the Pacifica Project {Tract 2865} and he will report back to Council concerning the outcome of that review. Councilmember Lane also asked staff to look into a letter received by the residents of Villa del Arroyo concerning rental increases with the City Attorney reporting back to the Council. Councilmember Brown reported that Southern Pacific Railroad has sent a letter to Caltrans concerning the rubberized railroad crossing asking them to expedite the process. Additionally, staff was to review the condition of the railroad crossing near the Villa del Arroyo Mobile Home Park Minutes of the City Council Moorpark, California 6 February 10, 1988 and to recommend any corrective actions which might be taken to reduce their hazardous condition. 11. DISCUSSION /ACTION ITEMS: H. Consider awardina the site preparation contract for the Senior Citizens Center and appropriating the necessary funds. It was staff's recommendation that Council direct staff as they deemed appropriate. This item was deferred to February 17, 1988. Councilmember Brown reported she is working with the Senior Citizens Ad Hoc Committee to discuss the two alternatives and will be reporting back shortly. I. Consider contractual services for financial administration services. Staff recommendation was to defer discussion of this item to the meeting of February 17, 1988. L. Review of the City's appropriation limit and consideration of alternative actions. Staff recommended that staff review the alternatives and Council set an election to request an increase in the appropriation limit. Steven Kueny gave an overview of his report dated February 5, 1988 and revised February 9, 1988. He indicated the City has more money than it can spend and this condition is expected to last through fiscal year 1991/1992. He further indicated that his research shows the initial appropriations limit set at the incorporation of the City was too low and that the Gann appropriation limit can be changed by a simple majority of the voters. There would be no increase in the taxes and this would only allow the City to spend what will be received or already received in proceeds of tax. To allow the City to increase its appropriation limit might enable the City to fund certain levels of service and /or capital improvement projects within the City which could otherwise not be accomplished. It is suggested that Council take action to place this on the ballot indicating that it would apply only for a four year period as allowed by State law. Councilmember Harper commended Mr. Kueny for his clear Minutes of the City Council Moorpark, California 7 February 10, 1988 report with Mayor Galloway agreeing. After some discussion concerning appropriate ballot wording, the following motion was heard. MOTION: Councilmember Harper moved and Councilmember Brown seconded a Motion to table this item until the City Attorney had an opportunity to review the ballot wording. This item would then be brought back for Council discussion later in the meeting. The voice vote was unanimous. M. Consider a response to a letter from John W. Newton & Associates, Inc. dated January 13, 1988 concerning Moorpark City Council /Affordable Housing Committee. Staff recommendation was to authorize the Mayor to send a response to the letter. Steven Kueny gave a brief overview of his report dated January 28, 1988. Councilmember Brown indicated her displeasure that Mr. Taylor, who is legal counsel to Bibo Inc., commented that an Affordable Housing Committee had not been formed at the City level due to organizational problems of the City when in fact this item had never been considered by the Council. In reality, Bibo's letter had suggested the formation of such a committee and the Council had not even considered this suggestion. Council indicated that the following points of response should be included in the letter: 1. The Council has had no formal discussion or taken any action concerning the proposed formation of an affordable housing committee; however, they did feel that the Planning Commission which is already in place might be capable of fulfilling the role of an affordable housing committee. 2. The affordable housing aspect of the proposed project would be considered when such project is submitted for processing. Further it would be beneficial to know what an applicant is proposing on this subject at the time the project is submitted instead of attempting to negotiate during processing. Minutes of the City Council Moorpark, California 8 February 10, 1988 3. If applicable, an affordable housing agreement would be considered in conjunction with the project. 4. The City Council did not encourage submittal of a project with density in excess of that allowed by the RPD -12 zoning on the Burnette property. The Council did discuss that an applicant was not precluded from either applying for a subsequent zone change or seeking a density bonus under applicable law to increase the density of a project. The following motion was heard: MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to authorize the Mayor to send a letter to Mr. Newton informing him of the Council's position as identified in the four points above with copies to Mr. Taylor as legal counsel to Bibo Inc. and Robert and Paulette Burnette. The voice vote was unanimous. N. Consider a report concerning a flood control access road for Tierra Rejada Road just south of Tierra Rejada Road Bridge. Staff recommendation was to ask that Council direct staff as they deemed appropriate. John Knipe, Assistant City Engineer, gave an overview of the staff report dated January 28, 1988. After some discussion, the following motion was heard: MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to approve the concept of relocating the access road to the East side of Tierra Rejada Road; that alignment be worked out by staff to the satisfaction of the City and Ventura County Flood Control District; that Urban west be required to pay any additional cost above the cost of the original access road; that Urban west Communities provide a complete design of the final alignment; and that the City bear none of the cost associated with this change. The voice vote was unanimous. O. Reconsideration of Resolution No. 88 -442. Staff's recommendation was to ask that Council give staff direction as they deemed appropriate. The following motion was heard: Minutes of the City Council Moorpark, California 9 February 10, 1988 MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to table consideration of this item. The voice vote was unanimous. Q. Discussion concerning LAFCO's meeting on February 17, 1988 on detachment of the Embassy parcel from the Camrosa Water District. Mr. Kueny suggested that the Council only ask for the delay if the Embassy group is also recommending denial of the detachment. Mrs. Manchester again addressed Council outlining the Camrosa Water District concern. She indicated that the district does not want to see this parcel of land detached from the District and no longer served by them since they have water lines in already. She further commented that her district has allowed Water Works District #1 to serve the Carlsberg parcel which is across the street from the Embassy parcel. Councilmember Harper felt the Council should respect the request of Camrosa Water District to ask LAFCO to delay their hearing on this detachment and further indicated that the City of Moorpark should also have some representation at this LAFCO hearing when it was considered by them. The following motion was heard: MOTION: Councilmember Harper moved and Councilmember Lane seconded a motion to direct staff the prepare a letter to LAFCO requesting the postponement of this hearing to allow the City and Camrosa Water District to prepare a presentation to the LAFCO staff. After some discussion, the following amendment to the motion was heard: AMENDMENT TO THE MOTION: Councilmember Brown moved and Councilmember Lane seconded a Motion to direct that a meeting between Camrosa Water District, Water Works District No. 1, Embassy group representatives, the City of Moorpark, and LAFCO representatives be held to address concerns raised by Camrosa Water District before the continued public hearing date. The voice vote of the amendment to the motion was unanimous. After further discussion, an amendment to the amendment was heard: Minutes of the City Council Moorpark, California 10 February 10, 1988 AMENDMENT TO THE MOTION: Councilmember Lane moved and Councilmember Harper seconded a motion to direct that staff forward a letter to Water Works District No. 1 asking them how they plan to serivice the Carlsberg parcel. The voice vote was unanimous. The motion as twice amended was approved by a unanimous voice vote. AT THIS POINT IN THE MEETING, the Council recessed, the time being 9:10 P.M. At 9:35 P.M., the full Council reconvened. The following motion was heard: MOTION: Councilmember Harper moved and Councilmember Lane seconded a motion to appoint Councilmember Eloise Brown to represent the City at the joint meeting of the two Water Districts, Embassy group, LAFCO and the City. The voice vote was unanimous. R. Consideration of the film permit by Dick Clark Productions Mr. Genovese, Deputy City Manager, outlined staff's concerns which mainly revolved around lack of staff time to process the film permit within the time frame suggested by the filming company. He indicated that it appears Monday, February 22, 1988, will be the first day the company would be filming within the City of Moorpark. However, notification and response to that notification needs to be completed on either this Friday, February 12, 1988 or at the latest by Tuesday, February 16, 1988, and that it is estimated to take between eight and sixteen hours of staff time to accomplish this notification process. This process is intended to alert both businesses and residents of the area in which filming is to occur and to request their concurrence of the filming schedule. Council indicated that they were concerned that the notification process take place in a satisfactory manner and that the safety of our citizens was a top priority. They were further concerned with the lack of staff time to accomplish this and after further discussion, the following motion was heard: Minutes of the City Council Moorpark, California 11 February 10, 1988 MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to appoint Mayor John Galloway and Councilmember Eloise Brown as an Ad Hoc Committee of the Council to meet with staff and the applicant concerning the film processing request to determine whether or not the City's needs could be met and to additionally authorize this committee to act on behalf of the City Council. The motion was approved by voice vote, with Councilmember Lane voting no. 12. ORDINANCES: A. Ordinance No. 94. A proposed Ordinance amending the zoning of an 8.5 acre parcel from within PC -3 from "PC" (Planned Comminity) to RPD6.5U. The site is located on Walnut Creek Road north of Tierra Rejada Road. It was staff's recommendation to approve the proposed Ordinance for second reading and adoption. City Attorney, Cheryl Kane read the ordinance in title only. The following motion was heard. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to waive further reading of the ordinance and to declare the ordinance read for the second time. The voice vote was unanimous. The following motion was then heard: MOTION: Councilmember Lane moved and Councilmember Harper seconded a Motion to adopt Ordinance No. 94 as read. The voice vote was approved with Mayor Galloway voting no. 11.P Tree Trimming Project (Cornett & McFadden) Steven Kueny reported staff has been asked to trim trees along Cornett and McFadden Streets, but indicated the subject trees were not actually within the public right of way. City Attornery, Cheryl Kane indicated that if there is only an incidental benefit to the property owners, that it is not a violation of state law for the City to trim the trees. She reported that it is understood that the trees were originally intended to have been planted within public parkway and that they could be found to be for the public benefit; however, she cautioned the Council that once a decision was made to trim the trees that the City might be indicating some type of public control over the trees and if there was an injury caused by the trees that a lawsuit could be brought against Minutes of the City Council Moorpark, California 12 February 10, 1988 the City. The following motion was heard: MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to direct staff to trim the subject trees on Cornett and McFadden and that the funds were available within the tree trimming project funds to accomplish this. This will not be precedent setting and that the trees will not be trimmed in the future. Additionally, staff was directed to obtain the property owners permission prior to the tree trimming being accomplished. The voice vote was unanimous. 11.L Review of the City's appropriation limit and consideration of alternative actions. This item was brought back for Council consideration. The following wording for the ballot measure was recommended by the City Attorney: "Shall an ordinance be adopted changing the appropiations limit of the City of Moorpark for fiscal years 1986/87 through 1989/90 to be equal to the proceeds of taxes received by the City with the additional available proceeds to be used to maintain essential City services and to supplement the City's capital improvements budget for police, streets and parks. This change in the appropriations limit will not cause an increase in the property tax rate." The following motion was then heard: MOTION: Councilmember Harper moved and Councilmember Lane seconded a motion to approve the ballot wording as recommended by the City Attorney to determine that the City Council would prepare and sign the argument in favor of the ballot measure, and to appoint a City Council Ad Hoc Committee composed of Councilmembers Brown and Harper to develop a program for communicating with the public on this matter and to write the draft of the argument in favor of the ballot measure and to direct that staff provide any additional information determined necessary on this matter. The voice vote was unanimous. The following motion was then heard: MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to adopt Resolution No. 88 -446 Calling and giving notice of the holding of the Special Municipal election to be held on June 7, 1988 and to request that the election be consolidated with the statewide Presidential Primary on that date; to adopt Resolution No. 88 -447 Requesting certain election services be provided by the Minutes of the City Council Moorpark, California 13 February 10, 1988 Elections Department of the County of Ventura; to adopt Resolution No. 88 -448 Authorizing all City Council members to file a written argument for the City initiative to be presented to the voters at the June 7, 1988 election; and to adopt Resolution No. 88 -449 Providing for the Filing of Rebuttal Arguments for the City initiative to be presented to the voters at the June 7, 1988 elections. The voice vote was unanimous. The following motion was then heard: MOTION: Councilmember Lane moved and Councilmember Harper seconded a Motion to appropriate funds in an amount not to exceed $5,000.00 from the General Fund to Elections Fund No. 113 -549 to cover expenses to be incurred for the special election of June 7, 1988. The roll call vote was unanimous. 13. FUTURE AGENDA ITEMS: The following items were mentioned as future agenda items: 1. Ways to reduce the speed of traffic along Williams Ranch Road and Laurel Glen Drive. 2. Consideration of the Mobile Home letter received concerning the raising of rent. 3. Early truck delivery traffic along Tierra Rejada Road. 4. Consideration of lowering the speed limit along High Street. 5. A report concerning off road vehicle enforcement in the Buttercreek area. 14. CLOSED SESSION: The following motion was heard. MOTION: Councilmember Brown moved and Councilmember Harper seconded a Motion to adjourn the Council meeting to consider items number 14.B Potential litigation pursuant to Government Code Section 54956.9(c), item number 14.0 Litigation concerning Urban West Communities vs. the City of Moorpark, and item number 14.D City of Moorpark vs. Boething in closed session. The voice vote was unanimous. The Council adjourned to Closed Session, the time being 10:34 p.m. Present in the Closed Session were all members of the City Council; Minutes of the City Council Moorpark, California 14 February 10, 1988 Steven Kueny, City Manager; and Cheryl Kane, City Attorney. At 12:15 a.m., the Council reconvened in open session. Steven Kueny, City Manager, announced there was no action to report out of closed session. 15. ADJOURNMENT: Councilmember Harper moved and Councilmember Brown seconded a motion to adjourn the meeting. The voice vote was unanimous. The time of adjournment was 12:16 a.m. ayor ATTEST: City Clerk