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HomeMy WebLinkAboutMIN 1988 0706 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California July 6, 1988 The Regular Meeting of the City Council of the City of Moorpark, California was held on July 6, 1988 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 John Lane. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council.member Perez. 3. ROLL CALL Present: Councilmembers Eloise Brown, John Galloway, Clint Harper, Bernardo Perez and Mayor John Lane. 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; Dennis Delzeit, City Engineer; Mike Ruben, Senior Planner; Dennis Delzeit, City Engineer; Lt. Mike Brown, Sheriff's Department; and Maureen Wall, City Clerk. 4. PROCLAMATIONS, COMMENDATIONS,_ AND SPECIAL PRESENTATIONS: A. Special commendation to Mr. Thomas P. Genovese for his service to the City of Moorpark. Acknowledging the resignation of Deputy City Manager Tom Genovese, Mayor Lane presented him with a plaque for his service to the City of Moorpark, and thanked him for his service on behalf of the entire City Council. Mr. Genovese was wished well by all those present. Lt. Mike Brown presented a certificate of appreciation for the support Mr. Genovese provided the law enforcement efforts within the City. S. REORDERING OF, AND ADDITIONS T0, THE _AGENDA Councilmember Perez requested that Agenda Items ll.B. (Consider the placement of a traffic device at the pedestrian crossing Minutes of the City Council Moorpark, California 2 July 6, 1988 located at Moorpark Avenue a report regarding sight and Roberts, & Spring Road back -to -back on the Agenda. and Second Street) and 11.E. (Consider distance at the corners of Spring Road and Second Street) be combined or taken Councilmember Brown requested that Agenda Items 8.E. and 8.G. be bulled from the Consent Calendar. City Manager Steven Kueny requested that the Council consider adding to the Agenda an item concerning the School District's contractor removing a mature tree on Poindexter Avenue. He further requested that Agenda Item 8.F. be deferred for consideration until after the Closed Session. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to add Agenda Item ll.G. (School District contractor removal of tree on Poindexter Avenue) since the need to consider it had arisen after posting of the Agenda. The voice vote was unanimous. 6. PUBLIC COMMENTS A. Nick Brown (8929 Wilshire Boulevard, Beverly Hills) representing West America Construction Corporation, addressed the Council regarding Agenda Item 8.E. (Resolutions approving Development Plan Permit Nos. 393 to 404 and Parcel Map LDM -10). He presented a letter outlining four concerns regarding the Conditions of Approval on the projects which included: 1) Transportation System Management; 2) Anti - Graffiti Solution; 3) Art in Public Places; and 4) Park System Fee. B. Leo Barrera (266 Sherman Avenue, Moorpark) addressed the Council concerning sight distance at the corner of Spring and Roberts, and the corner of Spring and Second. He also urged the Council to continue consideration of a downtown park. COUNCIL COMMENTS A. Councilmember Harper requested that Mr. Nick Brown be available for questions when Agenda Item 8.E. is considered by the Council. 8. CONSENT CALENDAR On a motion by Councilmember Brown and second by Councilmember Galloway, the following items were approved by a unanimous roll cal vote of the Council: A. Approval of Warrant Register Prepaid Warrants Nos. 6984 -7002 $55,650.93 Payable Warrants Nos. 7016 -7084 $761,095.18 Minutes of the City Council Moorpark, California 3 July 6, 1988 B. Consider an amendment to the City's service contract for Liability Claims Service. Staff recommended approval of the amendment extending the contract from July 1, 1988 through June 30, 1989. C. Resolution No. 88 -486. A resolution reciting the fact of the Special Municipal Election held on June 7, 1988 and declaring the results and such other matters as required by law. Staff recommended approval of the proposed resolution. D. Resolution No. 88 -487. A Resolution authorizing the installation of a stop sign on Misty Meadow Street at its intersection with Walnut Creek Road. Staff recommended approval of the proposed resolution. H. Consider a Minor Modification to amend exterior elevations in Tract No. 4095/PD -1046 Seal /Oliver). Staff recommended that the report be received and filed. I. Consider a report concerning the zero tolerance ordinance in the City of Santa Ana. Staff recommended that this report be received and filed. J. Consider bond exonerations for PD -970 and PD -971 (Urban West Communities). Staff recommended the City Clerk be authorized to exonerate relative bonds. K. Consider the acceptance of public improvements and bond exonerations for DP -315 _(Warshaw)._ Staff recommended the public improvements be accepted and the City Clerk be authorized to exonerate relative bonds. L. Consider the acceptance of _public _improvements and bond exonerations for Tract No. 2851 (Griffins Staff recommended that the public improvements be accepted within Tract No. 2851; to include all streets in the City Street System for maintenance; and that the City Clerk be authorized to exonerate relative bonds. M. Consider a time extension for Tract No. 2865 -4 to 7 (Pacifica). Staff recommended the Mayor be authorized to extend the time for completion of the subdivision improvements as indicated. The following items were pulled for individual consideration by the Council: E. Resolutions No. 88 -488, 88 -489, 88 -490, and 88 -491. Consider resolutions approving Development Plan Permit Nos. 393 to 404 and Parcel Map LD_M -10 to construct twelve (12) separate industrial buldi.ngs, the re- subdivision of three industrial lots into twenty -six (26) industrial lots, and the respective mitigated negative declarations. The project is located on the east side of Matir.een Lane north of Los Angeles Minutes of the City Council Moorpark, California 4 July 6, 1988 Avenue. Staff recommended approval of the proposed resolutions. Regarding the concern of Art in Public Places, Council clarified that the intent of the covenant is to provide visual improvements in industrial parks, and not to merely accumulate money for this purpose. MOTION: Councilmember Brown moved and Councilmember Lane seconded a motion to modify Condition 31B. by striking reference to "covenant" and replacing it with "condition ". Councilmember Galloway suggested that the applicant be required to supply public art as approved by the Director of Community Development. The motion carried by a voice vote, with Councilmember Galloway dissenting. Regarding the concern on the Park System Fee, , Condition 31A., Staff explained the methodology by which it determined to charge 37.5 cents per square foot. Discussion followed regarding a reduction in this amount. MOTION: Councilmember Galloway moved and Councilmember Perez seconded a motion to adjust the Park System Fee to 25 cents per square foot. The voice vote was unanimous. Regarding the condition to treat or paint the buildings with an approved anti - graffiti solution, and West America's offer to remove any graffiti in a timely manner, the Council discussed the viability of this alternative. MOTION: Councilmember Galloway moved and Councilmember Perez seconded a motion to modify the anti- graffiti condition to read that the City require that any graffiti shall be removed within three weeks (21 days) of notification to owner, and that the requirement for surface treatment be removed. MOTION AMENDMENT: Councilmember Galloway amended his motion, and Councilmember Perez concurred, to make the time period for erradicating graffiti thirty (30) days rather than three weeks (21 days). The voice vote was unanimous. Regarding the Traffic System Management contribution of $20,000, the Council directed that the language clearly read that the $20,000 is a one - time -only charge, but will be triggered by any one of the projects. Regarding the applicant's request that building permits not be delayed if the City has not determined a TSM fee by that time, City Manager advised that the fee due date could be shifted to the time of occupancy rather than building permit stage. He reminded the Council that after the TSM study is Minutes of the City Council Moorpark, California 5 July 6, 1988 completed, the applicant may be required to meet conditions other than monetary, and this should be reflected in the document. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to amend the language of Condition 91 to read, 11 ... study to also identify specific measures for improvements needed...." rather than "specific roadway improvements" as it now reads. The voice vote was unanimous. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to adopt Resolutions No. 88 -488, 88 -489, 88 -490 and 88 -491, with Conditions as amended. The voice vote was unanimous. G. Resolution No. 88 -492. A proposed resolution directing the Planning Commission to initiate proceedings to consider amending the General Plan and/or Zoning Ordinance and the Moorpark Municipal Code pertaining to requirements regarding Art in Public Places. Staff recommended that the proposed resolution be adopted. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to adopt Resolution No. 88 -492. The voice vote was unanimous. 9. PUBLIC HEARINGS A. Appeal of No. 4 of a Planning Commission decision by U.S. Sprint Network Route Development (Randall Murphy). U.S. Sprint Communications proposes to install an underground fiber optic communications cable directly within the Southern Pacific Railroad right -of -way through the City. Staff recommended that the proposed agreement be rejected and U.S. Sprint be required to file an Industrial Planned Development permit. Director of Community Development Patrick Richards requested that the Council defer consideration of this item until later in the evening. The Council concurred with the request. B. Draft Downtown Plan. A study plan making recommendations regarding possible future land uses, architectural themes, signage, streetscape plans plus the incentive measure and implementation plans proposed. Staff recommended that this item be continued to the Council meeting on July 20, 1988. Director of Community Development Patrick Richards advised that a scheduling conflict with the consultant on this item prompted the request for def.errment to the meeting of July 20, 1988. Minutes of the City Council Moorpark, California 6 July 6, 1988 MOTION: Councilmember Harper seconded a motion to continue voice vote was unanimous. moved and Councilmember Galloway this item until July 20, 1988. The C. Consider an amendment to the_ Moorpark Municipal Code to provide requirements for Political (Campaign) signs. Staff recommended that this matter be continued to the meeting of July 20, 1988. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to continue this item until July 20, 1988. In response to a question by Council, Patrick Richards advised that the Planning Commission modified some of the provisions of the amendment, and there was not ample time for Staff to incorporate these changes for the Council's consideration. Discussion followed concerning the timing for the amendment to be in effect prior to the beginning of campaining for the November elections. Staff advised that if the amendment were read on July 13 and approved on July 20, it would be in effect August 20. MOTION AMENDMENT: Councilmember Harper amended the Motion and Councilmember Galloway seconded the amendment, to continue this item until July 13, 1988. The voice vote was unanimous. VOTE ON MAIN MOTION AS AMENDED: Carried by unanimous voice vote. D. Draft Comprehensive Planning Ordinance. A proposal to consider revising the City's General Plan amendment process and a listing of required ordinance adoptions on selected subjects. Director of Community Development Pat Richards summarized the proceedings to date on the background and status of the Comprehensive Planning Ordinance. He advised that the Planning Commission has recommended a name change from Comprehensive Planning Ordinance to the "Moorpark Local Planning Ordinance ". The proposed draft CPO is divided into two parts: Part I addresses the General Plan; and Part II addresses related items including hillside, ridgeline and open space preservation; development and design standards for all projects; traffic management and circulation; establishment of greenbelts; and historical buildings and tree preservation. Mayor Lane opened the public hearing. 1. Scott Montgomery, Vice Chairman of the Planning Commission (13069 Cloverdale, Moorpark) advised the Council he was available to answer any questions the Council may have regarding the recommendations and /or decisions of the Planning Commission regarding the draft CPO. Minutes of the City Council Moorpark, California 7 July 6, 1988 He summarized the Comm.i.ssions's recommendations to the Council outlined in its Resolution No. PC -88 -174 to include in Section I: 1) Regular updates to General Plan every four years; 2) Prohibit General Plan Amendments between the 4 -year cycle unless it is initiated by unanimous vote of the City Council, would not increase population more than 350 persons, or would not increase vehicle trips by more than 1,000 per day; 3) Require voter approval of General Plan if update results in an increase or decrease of the estimated total population of the City by 5 %; 4) A General Plan consisting of all state mandated elements as well as a Public Facilities Element which would include identification of existing and future public facilities necessary to meet ultimate demands of the City, establishment of on -going service requirements for public facilities and adoption of specific performance standards for identified public facilities, identification of potential financing methods, and an informational data based system to forecast demand and monitor adequacy of public facilities. Section II of Resolution No. PC -88 -174 recommended that the Council initiate a complete revision of the City's Zoning Ordinance, including all aspects of design and development standards. Council discussion included concern regarding the Commission's recommendation against establishing a population cap; whether or not the zoning ordinance could be redrafted in sufficient time to salvage hillsides from development; and whether it was feasible or possible to update all elements of the General Plan every four. years. AT THIS POINT IN THE MEETING, the full Council recessed, the time being 9:00 p.m. At 9:18 p.m., the full Coiincil reconvened. Mayor Lane closed the public hearing. In response to the Council's concern regarding defensibility of the proposed CPO, City Attorney Cheryl Kane advised that there is nothing in State law which compels cities to consider general plan amendments. The City must, however, accommodate reasonable uses of property. The Council would need to articulate why criteria such as 350 people and 1,000 vehicle trips per day arc .reasonable limitations. Council discussion focused on when and under what circumstances the General Plan Update and /or Amendments should be voted on by the City's residents, and whether they should be voted on separately or cumulatively. Councilmember Harper suggested that no thresholds be used, but rather if a project will change the capacity of the General Plan by 5 %, it should be submitted to the voters for approval. Concern was expressed that 5% is too low a percentage to trigger an election. Minutes of the City Council Moorpark, California 8 July 6, 1988 Councilmember Harper recommended that: 1) The City of Moorpark enter into the general plan cycle every four years on land use, circulation and housing elements; 2) The general plan amendments will be submitted to the voters if the sum of the GPA's equal plus or minus 5% of the General Plan capacity; 3) The current general plan process will remain, including hearings before the Planning Commission and City Council, and all approved GPA's will be submitted to the voters at the same time, in a single election, to be voted on separately; and 4) GPA's can be approved between the four -year cycles by a unanimous vote of the Council. Councilmember Harper recommended that the Council carry over this item to another meeting; he will put his proposal in writing and distribute to the Council prior to the next consideration of this item. Councilmember Brown requested that Staff develop an outline of the current general plan process. MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to request the Planning Commission to add a recommendation for proposed cyclical rotation of all General Plan Elements in the update process, with recommendation for several scenarios. Councilmember Harper recommended that the Planning Commission be directed to address three elements: land use, circulation and housing. VOTE ON MOTION: The motion was defeated with Councilmembers Harper, Perez and Lane voting no; Councilmembers Brown and Galloway voting yes. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to continue this item to the next meeting and Councilmember Harper to draft and distribute a proposal for the Council's consideration prior to that time. The Motion carried, with Councilmembers Brown and Galloway dissenting. The Council determined to consider Part II of the Planning Commission's recommendation at a subsequent meeting. A. Appeal of No. 4 of a Planning Commission decision by U.S. Sprint Network Route Development (Randall Murphy). U.S. Sprint Communications proposes to install an underground fiber optic communications cable directly within the Southern Pacific Railroad right -of -way through the City. Staff Recommendation: Reject the proposed agreement and direct U.S. Sprint to file an Industrial Planned Development permit. Director of Community Development Pat Richards advised that a draft agreement between the City and U.S. Sprint is now complete. He advised that significant changes from the Minutes of the City Council Moorpark, California 9 July 6, 1988 original draft included a provision for liquidated damages; additional language regarding mutual consideration; and format amendments to make it a legal document. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to approve Staff's revised recommendation that the Agreement be approved contingent upon receipt of proof that the person signing the document on behalf of U.S. Sprint has the authority to do so; that this proof be supplied to the City by July 13th; and that if not received by that time, Staff be authorized to proceed with the requirement of an Industrial Use Permit. The motion carried by a unanimous voice vote. 10. COMMENTS FROM COUNCILMEMBERS A. Councilmember Brown advised that she participated in a meeting of the Year 2000 Committee. She advised the Committee is comprised of 32 members, of which 14 are elected officials. The Committee is looking at the County beyond the year 2000 for total planning, including population, circulation, etc. B. Councilmember Harper expressed concern regarding the adequacy of the City's street - sweeping program, and potential ways to improve this service. With Council concensus, Councilmember Harper will make a report on his concerns and suggestions. Councilmember Harper also expressed concern about the light intrusion at Peach Hill Park, suggesting that reflectors placed behind the light fixtures may alleviate this problem. He expressed a desire to work with Staff to develop some mitigation measures for the Council's consideration. Councilmember Harper advised that three, 20- minute video tapes are available through Supervisor Flynn's office on state -of- the -art solid waste recycling. lie requested that Staff obtain copies of these videos for viewing by the Council. C. Councilmember Perez advised that delivery trucks from the new Domino's Pizza shop on the corner of High Street and Spring Road are crossing the double yellow line on High Street to exit or enter their shop. Ile requested that Lt. Brown check into this practice and advise the owner that the laws regarding illegal turns will be enforced. Councilmember Perez requested that Staff provide a report on the activites of the CEO to date. Councilmember Perez commented that there is a problem with maintenance at Peach Hill Park. 11. DISCUSSION /ACTION ITEMS Minutes of the City Council Moorpark, California 10 July 6, 1988 City Manager Kueny recommended that the Council consider item 11.G (School Disrict Contractor removing tree on Poindexter Avenue), and then adjourn to Closed Session. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to accept the recommendation of the City Manager to consider item ll.G and then adjourn to Closed Session. The motion carried by a unanimous voice vote. G. School District Contractor removing tree on Poindexter Avenue. City Manager Kueny advised that the contractor making improvements to Chaparral School removed a mature tree from City property. The contractor was working without an encroachment permit, and they have been issued a stop -work order. Mr. Kueny recommended that the Engineer be directed to issue an encroachment permit in the normal manner, with the condition that the removed tree be replaced with a 36" box tree of the same variety. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to direct Staff to send a letter to the School District reminding them of the Encroachment Permit Policy; and directing Staff to ascertain the type and location of the replacement tree. The motion carried by a unanimous voice vote. 13. FUTURE AGENDA ITEMS A. Councilmember Galloway requested that discussion of a pocket park be placed on the agenda. B. Councilmember Lane questioned the activity of the tractors working in the vicinity of Tierra Rejada Road. 14. CLOSED SESSION MOTION: Councilmember Galloway moved and Councilmember Harper seconded a motion to go into Closed Session under items: 14.C. - Litigation concerning Urban West Communities; 14.D. - Litigation concerning B.I.A.; 14.E. - Personnel; 14.F. - Negotiations concerning the high school site; 14.G. - Litigation concerning Boething vs. the City of Moorpark; and 14.H. - Litigation concerning the City of Moopark vs. Boething. The motion carried by a unanimous voice vote. The time of adjournment to Closed Session was 10:25 p.m. All. Councilmembers, except Councilmember Galloway, plus Steven Kueny, City Manager; and Cheryl Kane, City Attorney were present for the Closed Session. The full Council reconvened into Open Session at 12:15 a.m. Cheryl Kane stated there was no action to report from the Closed Session. Minutes of the City Council Moorpark, California 11 July 6, 1988 8.F. Resolution No. 88 -493 for positions. A__.proposed resolution__ adopting a salary City Manager. Steven Kueny recommended that the proposed resolution be modified as follows: 1) Retitle Administrative Intern to Administrative Aide; 2) Include repeal of Resolution No. 87 -441 concerning additional compensation for person designated Deputy City Clerk and reinstatement of the same provision in the subject resolution; and 3) Increase salary range of Deputy City Manager by 5 %. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to adopt Resolution No. 88 -493, as modified. Motion carried by a unanimous voice vote, with Councilmember Galloway absent. The Council conducted discussion concerning the additional responsibilities the City Manager would incur during the vacancy in the Deputy City Manager position, and that some additional compensation is warranted. MOTION: Councilmember Harper moved and Councilmember Lane seconded a motion to grant the City Manager ten days additional administrative leave which may be converted to cash at City Manager's option during the period October 1, 1988 to December 31, 1988. The motion carried by a unanimous voice vote, with Councilmember Galloway absent. 15. ADJOURNMENT MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to adjourn the meeting until 5:00 p.m. on July 8, 1988 to consider further Items 14.A. through 14.11. The motion carried by a unanimous voice vote, with Councilmember Galloway absent. The time of adjournment was 12:22 a.m. Eloise Brown, Mayor Attest: