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HomeMy WebLinkAboutMIN 1988 0511 CC ADJMINUTES OF THE CITY COUNCIL Moorpark, California May 11, 1988 The adjourned meeting of the City Council of the City of Moorpark, California was held on May 11, 1988, 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 5:55 p.m. by Mayor John Patrick Lane. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was continued to a time later in the meeting, since it was Council's intent to first go into Closed Session. 3. ROLL CALL: Present: Councilmembers Eloise Brown, Clint Harper, Bernardo Perez and Mayor John Patrick Lane. Steven Kueny, City Manager; Cheryl Kane, City Attorney; and Patrick Richards, Director of Community Development. Absent: Councilmember John Galloway. 4. CLOSED SESSION: A. Personnel. B. Litigation concerning Urban West Communities versus the City of MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to go into Closed Session to discuss all Moorpark. C. Litigation concerning R.I.A. versus the City of Moorpark. D. Litigation concerning_Boething versus the City of Moorpark. E. Potential litigation___pursuant to Government Code Section 54956.9(b)(1). F. Potential litigation_ to Government Code Section 54956.9(c) . - _ - _pursuant - - -- - --- - - - - -- - -- G. Litigation concerning A -C Construction versus -- - --------------- the City of - - - - -- Moorpark. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to go into Closed Session to discuss all Minutes of the City Council Moorpark, California _ 2 May 11, 1988 Closed Session Items listed on the Agenda. The voice vote was unanimous with Councilmember Galloway absent. The Council reconvened in Open Session at 7:06 p.m. and announced there was no action to report. AT THIS POINT IN THE MEETING, the Council recessed, the time being 7:07 p.m. 1. CALL TO ORDER: The meeting was reconvened at 7:12 p.m. by Mayor John Patrick Lane. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Harper. 3. ROLL CALL: Present: Councilmembers Eloise Brown, Clint Harper, Bernardo Perez and Mayor John Patrick Lane. Steven Kueny, City Manager; Cheryl Kane, City Attorney; Patrick Richards, Director of Community Development; Lt. Mike Brown, Sheriff's Department; Philip Newhouse, Director of Community Services; Thomas P. Genovese, Deputy City Manager; and Maureen W. Wall, City Clerk. Absent: Councilmember John Galloway. 4. PROCLAMATIONS, COMMENDATIONS,,AND SPECIAL PRESENTATIONS: None were presented. 5. REORDERING OF, AND ADDITIONS TO,-THE AGENDA: MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to add an item concerning the Simi Valley Landfill to the agenda, since the need to take action arose subsequent to the posting of the agenda. The voice vote was unanimous with Councilmember Galloway absent. The matter became Item 11.M. on the agenda. 6. PUBLIC COMMENTS: A. Mrs. Connie Lawrason, 4291 Ambermeadow, gave an overview of a Citizen Transportation Advisory Committee survey which was taken by the Southern California Association of Governments. B. Mr. William E. Mason, 437 Shasta Avenue, suggested the City institute business licenses. C. Mr. Paul Lawrason, 4291 Ambermeadow Street, asked the Council for more information on increasing the City's Gann limit and suggested the electorate be encouraged to vote for the initiative on the June ballot. Minutes of the City Council Moorpark, California _ _3 _ Martell, 1988 D. Mr. Jim Brady, 12419 Sunnyglen Drive, Creekside II Homeowners' Association President, stated the lowering of elevations in Tract No. 4338 has the support of the association since they feel it will add to the development. E. Ms. Mary Gayle, 350 North Lantana Street, Camarillo, legal counsel for Pardee Construction, asked the Council to accept the off - street drainage improvements in Tract No. 2865 -3 offered by Pardee Construction. F. Mr. Maury Froman, 520 Broadway, Suite 100, Santa Monica, representing Urban West Communities, asked the City Council to allow the lowering of elevations in Tract No. 4338. G. Mr. Kenneth D. Sherman, 15460 Dracena Avenue, asked the City Council to stop the rate increase in cable television. Councilmember Brown commented public funds could not be spent to support the Gann limit increase initiative. Therefore, she and Councilmember Harper will be working on this by meeting with community groups and through the preparation of news releases as individual citizens. Councilmember Harper stated the City does not have the authority to regulate cable television rates. 7. COMMITTEE REPORTS: None were presented. 8. CONSENT CALENDAR: Nothing was presented on the Consent Calendar. 9. PUBLIC HEARINGS: None were scheduled. 10. COMMENTS FROM COUNCILMEMBERS: Councilmember Brown asked for a consensus of Council to send a letter stating the City's position on AB -3722 (requires local authorities be noticed 72 hours prior to the shipment of rocket fuel through their jurisdiction) and AB -2830 (permanently bans the transportation of rocket fuel on Highway 101 from its point of origin south, to Highway 246 in the north). She suggested Council support AB -3722 and not AB -2830 since the later might encourage the use of highways which traverse the City of Moorpark as alternate routes. 11. DISCUSSION/ACTION ITEMS: C. Consider a request from a citizen_ to consider creation of a "Land Bank" within the City__of Moorpark. Staff recommended Council direct staff as deemed appropriate. Minutes of the City Council Moorpark, California _4 Maur 11, 1988 No staff report was given. Councilmember Harper commented the more he reviewed the model document, the more he liked the idea. Councilmember Perez also expressed interest in the idea. Steven Kueny, City Manager, suggested Council direct the City Attorney to review the model to determine what methods within current law would be permitted, how the use of certain amounts of fees already taken in might be earmarked for this, and to determine if such an idea could be enacted in the City. By consensus of Council, the City Attorney was directed to review the matter as outlined by the City Manager with a report to the Council on June 15, 1988. Council then suspended their Rules of Procedure by consensus of the Council, with Councilmember Galloway absent, to allow Mr. LaPerch to address the Council. C -1. Mr. Bill LaPerch, 7200 Walnut Canyon Road, urged the City Council to consider a "land bank" in an effort to preserve the rural nature of Moorpark. F. Consider making elevation adjustments to Tract No. 4338 (Urban West Communities) to allow a lowerinq of elevations from the approved tentative map. Staff recommended Council approve the lowering of the elevations. No additional staff report was given. Councilmember Harper inquired whether or not lowering the elevations would interfere with sewer lines. The Council suspended their Rules of Procedure by consensus, with Councilmember Galloway absent, to allow Urban West Communities an opportunity to respond. F -1. Mr. Maury Froman, representing Urban West Communities, stated the sewer lines were located within public access easements to the park, and thus would not be affected by the requested lowering of elevations. Steven Kueny pointed out the sewer lines go through the park's parking lot. He suggested Urban West be required to slurry over the parking lot since they would be patching the surface in the lot when the lines were installed. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to direct that the elevations as shown on Exhibit "A" of the April 28, 1988 staff report be approved in accordance with the City's Conceptual Grading Plan Policy; to direct that an easement be granted as shown on Exhibit "B" of the same staff report and legal description to Ventura County Waterworks District No. 1 for the sewer line within North Meadow's Park; to direct the final easement deed with a Certificate of Acceptance will be provided at the next City Council meeting; to direct that additional fencing be placed on the backstop; to direct that slurrying and re- striping of the parking lot will be completed by Urban West; and additional Minutes of the City Council Moorpark, California _ _ _ 5 _ _ Ma _11, 1988 sidewalk work will be completed by Urban West. The voice vote was unanimous with Councilmember Galloway absent. G. Consider the adoption of certain amendments to the Council's Rules of Procedure _r_elatinq to_the length of meetings_. Staff recommended Council adopt the modifications to the Rules of Procedure until further action is taken by the Council. Steven Kueny gave an overview of this item. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to approve the temporary amendments to the Council's Rules of Procedure which were further amended in Section 2.1 to read, "Discussion /action items which are judged by the City Manager to have critical deadlines or due dates shall be indicated by an asterisk" and in policy number 2 to read, "The Mayor will work with staff to put no more than an estimated five or six hours of items on each agenda, with a clean -up meeting to occur as necessary ". The voice vote was unanimous with Councilmember Galloway absent. H. Consider a report concerning costs associated with first class mailings for the two assessment districts. Staff recommended Council discontinue the practice of assessment district mailings and direct the City Clerk to publish and post assessment district notices. No further staff report was given. Mayor Lane stated he was in favor of continuing the practice of mailing notices. Councilmember Brown commented she felt it was better to continue the practice. Councilmember Harper found it interesting that the public had not participated in the past when the notices were mailed. He suggested the notices be "dressed up" to encourage citizen interest. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to continue the mailing practice with a reminder to the electorate to vote in the June 1988 election. The voice vote was unanimous with Councilmember Galloway absent. I. Reconsideration of West Villaae tract conditions_relati_nq to the Peach Hill Watercourse Plathe West Meadows Park Plan, and the three private recreation areas of Tracts 4340, 4341, 4342 and Residential Planned Development Nos. 1070, 107 and 1072 Urban West Communities). Staff recommended Council direct staff as deemed appropriate. By consensus of Council, with Councilmember Galloway absent, this matter will go back to the Parks and Recreation Commission along with the revised park lay -out, then go to the Public Works Committee and then to the City Council for reconsideration. J. Consider authorizing___a bid for a proposed _ traffic signal at Delfen Street and C_a_m_pus_Par.k Drive. Staff recommended Council authorize the bid. Minutes of the City Council Moorpark, California 6_ _____ . ____________ May11, 1988 Steven Kueny gave the staff report. The following motion was heard. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to authorize the advertisement of the Delfen Street Signal Project for public bidding. The voice vote was unanimous with Councilmember Galloway absent. K. Consider a report concern inn__double line striping on Walnut Canyon Road. Staff recommended Council direct staff as deemed appropriate. Steven Kueny reported CalTrans had restriped the center line with a skip stripe instead of solid lines. Staff was attempting to determine why. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to request the City Manager to obtain a bid from a striping contractor and have the work accomplished at City cost through the issuance of a CalTrans encroachment permit with the costs not to exceed $1,500 for the project, if staff could not get CalTrans to come back and restripe the center line correctly. The voice vote was unanimous with Councilmember Galloway absent. Consideration of the Request for Proposals for building and safety, and city engineering services Staff recommended Council direct staff as deemed appropriate. Steven Kueny outlined the options for review of the Request for Proposals. He urged the City Council to make a selection by May 25, 1988, so that staff would have an opportunity to implement Council's choice. Councilmember Harper suggested a sub - committee composed of two Councilmembers and the City Manager be appointed. By consensus of Council, with Councilmember Galloway absent, Councilmembers Brown and Harper and the City Manager were to review the Request for Proposals and report their recommendations to the entire Council. M. Discussion concerni_Rg_the..Simi Valley Landfill. Councilmember Brown reported she had attended a meeting of the Association of Ventura County Cities where it was announced that Waste Management had unilaterally cancelled future meetings. The cities had expressed a preference that an appraisal which was to be done, be done at the direction of the cities and paid for by the cities, rather than directed by the County and paid for by the cities. The Mayor was authorized to sign a letter stating the City of Moorpark preferred the cities to direct and pay for the appraisal by consensus of Council, with Councilmember Galloway absent. 12. ORDINANCES: Minutes of the City Council Moorpark. California None were presented for Council's consideration. . _ . - -_. - May 11,1"8 13. FUTURE AGENDA ITEMS: The land bank idea was directed to be placed on a future Council agenda. 14. CLOSED SESSION: A. Personnel. B. Litigation concerning_ Urban West Communities versus the City of Moorpark. - - - -- - -- - - - -- C. Litigation concerning _B. -I.A. versus the City of Moorpark. D. Litigation concerning Boething versus the Ci_ty__of Moorpark. E. Potential litigation __pursuant .to Government_ Code Section 54956.9(b)(1). - - - - - -- -- - F. Potential litigation,_pursuant to Government Code 54956.9 c_). G. Litigation concerning __A -C Construction versus the City of Moorpark. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to go into Closed Session to discuss Items 14.A. and 14.E. The voice vote was unanimous with Councilmember Galloway absent. The time of adjournment was 8:28 p.m. At 8:43 p.m. the Council reconvened and announced they would carry over the remaining agenda items since the City Engineer could not arrive until 11:00 p.m. The following items were placed on the May 18, 1988 agenda: Item 11.D., acceptance of off - street drainage improvements in Tract No. 2865 -3; and Item 11.E., realignment of Tierra Rejada Road. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to return to Closed Session to continue discussion on Items 14.A. and 14. E. The voice vote was unanimous with Councilmember Galloway absent. The time was 8:45 p.m. Also present in the Closed Session were Steven Kueny, Philip Newhouse, Cheryl Kane and Thomas Genovese. Thomas Genovese and Philip Newhouse left the Closed Session at 9:50 p.m. The Council reconvened in Open Session at 10:01 p.m., and Cheryl Kane stated there was no action to report. 15. ADJOURNMENT: Minutes of the City Council Moorpark,_California 8 MOTION: Councilmember Perez moved and motion to adjourn the meeting. The Councilmember Galloway absent. The time ATTEST: Councilmember voice vote wa of adjournmen t Ma ,y_ 11, 1.988 Brown seconded a s unanimous with was 10:05 p.m.