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HomeMy WebLinkAboutMIN 1988 0713 CC ADJMINUTES OF THE CITY COUNCIL Moorpark, California July 13. 1988 The adjourned meeting of the City Council of the City of Moorpark, California was held on July 13, 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 6:04 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 the intent of Council to discuss Closed Session matters at this time. 3. ROLL CALL: Present: Councilmembers Eloise Brown, John Galloway, Clint Harper, Bernardo Perez and Mayor John Patrick Lane. Steven Kueny, City Manager; and Cheryl Kane, City Attorney. 14. CLOSED SESSION: A. Potential litigation __pursuant to Government _ Code Section 54956.9(b)(1). B. Potential litigation _pursuant to Government Code Section 54956.9Cc). C. Litigation concerning__Urban West Communities versus_ the City of Moorpark. D. Litigation concerning_ B.I.A. versus the Cif of_Moorpark. E. Personnel. F. Negotiations concerning the high school site. G. Litigation _concerni nq Boeth i ng versus the Ci ty__of Moor ark. H. Litigation concerning ... the_City of Moorpark versus Boething. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to go into Closed Session to discuss Item Minutes of the City Council Moorpaark,California 2 1988 — - -- — July _J 3 , 14. C. The voice vote was unanimous. The time of adjournment was 6:05 p.m. At 7:08 p.m. the full Council reconvened in Open Session, and the City Attorney stated there was no action to report. AT THIS POINT IN THE MEETING, the Council recessed, the time being 7:10 p.m. 1. CALL TO ORDER: The meeting was reconvened at 7:20 p.m. by Mayor John Patrick Lane. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Perez. 3. ROLL CALL: Present: Councilmembers Eloise Brown, John Galloway, 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; Dennis Delzeit, City Engineer; Philip Newhouse, Director of Community Services; and Maureen W. Wall, City Clerk. 4. PROCLAMATIONS, COMMENDATIONS,_AND SPECIAL PRESENTATIONS: None were presented. 5. REORDERING OF, AND ADDITIONS TO,- -THE AGENDA: MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to add an item to the agenda concerning Art in Public Places, since a need to take action arose subsequent to the posting of the agenda. The voice vote was unanimous. The matter became Item 11.I. on the agenda. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to add an item to the agenda concerning Circus D'Carlo, since a need to take action arose subsequent to the posting of the agenda. The voice vote was unanimous. The matter hpcame Item 11.J. on the agenda. 6. PUBLIC COMMENTS: A. Mrs. Anna Bell Sessler, 6061 Gabbert Road, asked the City Council to place the retention of the high school site on a future ballot. B. Mrs. Teresa A. Cortes, 1095 Walnut Canyon Road, reported Blue Star Ready Mix had made an application concerning a Conditional Use Permit to the County of Ventura. She asked the City Council to take into consideration the traffic impacts which this would cause. The impacts were especially critical since the City Minutes of the City Council Moorpark California _ 3 _July 13, 1988 could not improve the roadway as it is a State highway. She suggested Blue Star might be willing to help improve the roadway. 7. COMMITTEE REPORTS: Councilmember Brown reported she had attended a meeting with Southern California Edison concerning the frequent power outages in the community. Councilmember Harper reported he had attended a meeting concerning street sweeping. 8. CONSENT CALENDAR: Nothing was presented on the Consent Calendar. 9. PUBLIC HEARINGS: C. Consider an amendment to the Moorpark Municipal Code to provide requirements for Political (Campaign) signs. Staff recommended Council direct staff as deemed appropriate By consensus of Council, this item will be heard later in the meeting. D. Draft Comprehensive Planning Or A proposal to consider revising the City's General Plan amendment process and a_listino of required ordinance_adoptions on_ selected subjects. By consensus of Council, this matter will be heard later in the meeting. 10. COMMENTS FROM COUNCILMEMBERS: A. Consider rotation of appointment to the Highway _118 Strategy rnmmittna By consensus of Council, Councilmember Perez was appointed to serve with Councilmember Harper on the committee through August. B. Councilmember Brown reported the trees on the easterly side of Spring Road next to the Chevron Station needed attention. They appeared to be damaged. 11. DISCUSSION /ACTION ITEMS: A. Consider a report conce_rning_a draft tree preservation ordinance presented by the Ad Hoc Tree Preservation Committee, and another draft tree preservation ordinance. Staff recommended Council direct staff as deemed appropriate. There was no staff report prepared or given. Councilmember Galloway outlined his report of the matter dated June 22, 1988. Minutes of the City Council Moorpark, California _ 4 _ _ July 13, 1988 MOTION: Councilmember Lane moved and Councilmember Galloway seconded a motion to direct staff to return with a draft ordinance for Council's consideration. The voice vote was unanimous. B. Consider the placement of a traffic device at the pedestrian crossing located at Moorpark Avenue and Second Street. Staff recommended Council direct staff as deemed appropriate. No staff report was prepared or given. This matter was continued to July 20, 1988. C. Consider a draft Request for Proposal (RFP) to update the City's Land Use and Circulation Elements of the General Plan_. Staff recommended Council approve the draft RFP and direct staff to send it to consultant firms. By consensus of Council, this matter will be considered later in the meeting. D. Consider a report concerninq_ the regulation of campaign financing /spending. Staff recommended Council direct staff as deemed appropriate. Cheryl Kane, City Attorney, gave a brief overview of how the City could implement such an ordinance. Councilmember Harper suggested the City Attorney review a model previously seen by the Council in light of newly enacted Proposition 73. Councilmember Brown asked about an ordinance which would set a limit on spending by a certain amount per each registered voter. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to direct the City Attorney to prepare a draft ordinance containing a spending limit measure which is consistent with Proposition 73, sets a $.20 per registered voter spending limit, and with an additional reporting period of approximately one week prior to the election. The voice vote was unanimous. E. Consider a report regard ip_q_._s ht distance at the corners of Spring Road and Roberts, Spring Road and Second Street. Staff recommended Council direct staff as deemed appropriate. Dennis Delzeit, City Engineer, gave the staff report dated June 30, 1988. By consensus of Council, Councilmember Galloway and Mayor Lane will meet with the residents and see if it is feasible to remove the wall and build a new one at City expense. BY CONSENSUS OF COUNCIL, Item 11.I. was heard at this point in the meeting. Art in Public Places Condition app lied to DP -393 to 396. Councilmember Galloway presented his suggestion that the applicant be charged $100 per 1,000 square feet for Art in Minutes of the City Council Moorpark, California 5 Public Places, and that those funds be placed in an Art in Public Places Fund. This would apply only to this project. MOTION: Councilmember Galloway moved and Councilmember Harper seconded a motion to direct staff to acquire a letter from the applicant stating his agreement, with the Director of Community Development and the City Manager to re -draft the condition and bring this matter back to the City Council in the form of a proposed resolution. The voice vote was unanimous. 11. J. Consideration of a circus event - Circus D'Carlo. Steven Kueny gave a brief overview of the staff report dated July 13, 1988. The Council suspended its Rules of Procedure by consensus to allow Mr. Bill Rice of Circus D'Carlo to address the Council. Mr. Rice indicated to Council his circus had spent $1,000 just to get the circus to town, and would need to spend additional money for advertising costs. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to approve the contract and staff recommended conditions as presented, except to waive the advance or regular ticket sales percentage which was to be payable to the City. The voice vote was unanimous. AT THIS POINT IN THE MEETING, Council considered Closed Session items. 14. CLOSED SESSION: A. Potential litigation_ pursuant to Government Code — Section MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to go into Closed Session to discuss Items 14.A., 14.C. and 14.0. The voice vote was unanimous. The time of adjournment was 8:30 p.m. 54956.9Ab 1). B. Potential litigation to Government _ Code Section 54956_90 . _pursuant C. Litigation concerninq — - -- Urban West Communities versus the City of — - -- - - - - Moorpark. D. Litigation concerning B.I.A. versus the _Ci_ty _of_ Moo�ark. E. Personnel. F. Neqotiations concerning_ the high school site. G. Litigation concerninq_Boethinq versus the City of Moorpark. H. Litigation concerning the City of Moorkark_v_ersus Boething. MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to go into Closed Session to discuss Items 14.A., 14.C. and 14.0. The voice vote was unanimous. The time of adjournment was 8:30 p.m. Minutes of the City Council Moorpark, California _ _ _ 6 _ _ July__ 13, 1988 At 10:33 p.m., the full Council reconvened. The City Manager stated there was no action to report out of Closed Session. AT THIS POINT IN THE MEETING, Council considered Item 11.H. 11. H. Consider a potential settlement concerning Urban West Communities and UWC- Moorpark Investors versus the City of Moorpark. Staff recommended Council direct staff as deemed appropriate. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to approve the Settlement Agreement and authorize the Mayor to sign the agreement on behalf of the City. During Council's discussion of the motion, Councilmember Harper asked what fund the Tierra Rejada Road improvements (reimbursement), plus the 15% administrative fee, and the 8% interest would come from. Staff responded money could be taken from the proposed city -wide Area of Contribution, or the Gas Tax Fund or the General Fund Reserve. Mayor Lane commented he felt the agreement affords quite a bit in the way of city -wide benefits. Councilmember Brown felt there would probably be a six year period of time prior to money being paid. Councilmember Perez commented much discussion had been given to this item. The source of funds will be resolved. He felt the agreement was a good one. Councilmember Galloway cautioned the Council to consider the obligation the City would be taking on. The motion was approved with Councilmembers Harper and Galloway voting no. Councilmember Harper stated his objection was solely based on the lack of a clear reimbursement mechanism on the road improvement fund in the agreement. Mayor Lane commented he felt the road needed to be built as soon as possible, due to the level of service on the road. Councilmember Galloway commented his objection was in regards to the provision on the road reimbursement costs and interest. AT THIS POINT IN THE MEETING, Council considered Items 9.C. and 9.D. 9. C. Consider an amendment to the Moorpark Municipal Code to provide requirements for Political (Campai n sites. Staff recommended Council direct staff as deemed appropriate. Patrick Richards, Director, of Community Development, gave an overview of the resolution adopted by the Planning Commission. MOTION: Councilmember Harper, moved and Councilmember Brown seconded a motion to approve the County revised ordinance except change the maximum size of the political /campaign signs from 32 square feet to 16 square feet. The motion was approved with Mayor Lane voting no. Mayor Lane commented the suggested ordinance appeared to allow homeowners to put up 16 square foot signs in their front yards. Minutes of the City Council Moorpark, California 7 . July! 13, 1988 By consensus of Council, a draft ordinance is to be brought to the Council for consideration. 9. D. Draft Comprehensive Planning Ordinance. A proposal to consider revising the City's General Plan amendment process and a listing of required ordinance adopt ons on selected subjects Patrick Richards gave an overview of this item. By consensus of Council, the matter was continued to July 20, 1988. AT THIS POINT IN THE MEETING, Council considered Item 11.C. and 11.F. 11. C. Consider a draft Request for Proposal (RFP) to update the City's Land Use and Circulation Elements of the General Plan. Staff recommended Council approve the draft RFP and direct staff to send it to consultant firms. Patrick Richards gave an overview of this item. Councilmember Galloway commented he considered there was no direct reference of access to Happy Camp Park in the area of the document relating to circulation. Such a reference was to be added to the document by consensus of the Council. Consideration of this item was continued to July 2.0, 1988. 11. F. Consider a report regarding _the proposal by Blue Star Ready Mix to extend their existing Conditional Use Permit and add an asphalt batch plant. Staff recommended Council receive and file the report and direct staff as deemed appropriate. Patrick Richards gave an overview of this item. MOTION: Councilmember Galloway moved and Councilmember Harper seconded a motion to: 1) receive and file the report with staff to keep current on this issue; 2) a second letter is to be sent to the County stating it is the Council's opinion that an E.I.R. should be required, ask that the City be informed of the E.I.R. review process, and request: traffic impacts and noise problems be considered; and 3) comment that it had been one and one -half years since the original application was filed, and still there is no complete application. The voice vote was unanimous. 12. ORDINANCES: None were presented. 13. FUTURE AGENDA ITEMS: Council asked that the following items be placed on future agendas: Redevelopment Agency business, overcrowding in the downtown area, rate structures and cable television franchises in light of the proposed Gallegly bill, and the Casey Road high school site. 15. ADJOURNMENT: Minutes of the City Council Moorpark, California 8 July__13, 1988 MOTION: Councilmember Harper moved and Councilmember Galloway seconded a motion to adjourn the meeting to 6:00 p.m. on July 20, 1988 with the intent to discuss Closed Session matters at 6:00 p.m., and to meet in Open Session at 7:00 p.m. The voice vote was unanimous. The time of adjournment was 12:27 a.m. Me r- ATTEST: