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HomeMy WebLinkAboutMIN 1988 0720 CC REGMINUTES OF THE CITY COUNCIL Mooroark,_Cal i forni a _ _ July! 20, 1988 The regular meeting of the City Council of the City of Moorpark, California was held on July 20, 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 7:05 p.m. by Mayor Pro Tem Eloise Brown. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Clint Harper. 3. ROLL CALL: Present: Councilmembers Clint Harper, Bernardo Perez and Mayor Pro Tem Eloise Brown. Steven Kueny, City Manager; Cheryl Kane, City Attorney; Patrick Richards, Director of Community Development; Lt. Michael Brown, Sheriff's Department; Philip Newhouse, Director of Community Services; and Maureen W. Wall, City Clerk. 4. PROCLAMATIONS, COMMENDATIONS,_AND SPECIAL PRESENTATIONS: A. Introduction of the new Fire Chief, Mr._Scott Coggan. Mayor Pro Tem Brown introduced Chief Coggan to the community. Chief Coggan thanked Mayor Pro Tem Brown for the welcome, and then promised to get the new fire station in the Mountain Meadows area built by the end of the fiscal year. 5. REORDERING OF, AND ADDITIONS_TO,_THE AGENDA: By consensus of Council, Item 11.E. will be heard following the Consent Calendar. Mayor Pro Tem Brown also asked that Items 8.C., 8.E., 8.K., and 8.L. also be pulled from the Consent Calendar for individual consideration. 6. PUBLIC COMMENTS: A. Mr. Alex R. Sharki, 434 Ruth Avenue, stated as a property owner he was concerned with the overcrowding of single family residences in the community. He also inquired as to where he could obtain information as to current applicable laws ruling overcrowding. Minutes of the City Council Moorpark,_ Cal i forni a Jul�r 20., 1988 B. Mrs. Teresa A. Cortes, 1095 Walnut Canyon Road, spoke regarding overcrowding and asked that those problems by reviewed again. She also felt the high school site should not be sold. C. Mrs. Joy Barrera, 375 Millard Street, stated she would like to see the City use the lower fields of the high school site as a downtown park. D. Mrs. Leta Yancy- Sutton, 215 Moorpark Avenue, read the definition of single family dwelling from the zoning code. She then suggested the City adopt an ordinance which would require the disclosure of the zoning for a piece of property at the time of its sale. She also suggested the City enforce only one family living in a single family home. E. Ms. Alice Hernandez, Esther Street, asked the City Council to resolve the overcrowding in the downtown area. F. Ms. Teresa Godinez, 370 Bard Street, asked the Council to take care of the overcrowding problems in the City. G. Ms. Pat Arambula, 320 Ruth, asked for help to resolve the issue of overcrowding and speeding cars in the downtown area. H. Mr. Robert Campbell, 418 Dorothy Avenue, spoke concerning his displeasure regarding the overcrowding in the downtown area. I. Mrs. Marlene Garcia, 334 Ruth Avenue, asked the City Council to resolve the overcrowding problem in the downtown area. She felt the Council should take action to enforce existing codes, get word out that downtown Moorpark will not take immigrants into this area who cannot be decent, and that stronger ordinances needed to be enacted which would take care of the current problems. J. Ms. Betty Hornaday, 421 Ruth Avenue, asked the City Council to remedy the problem in the downtown core of the City. K. Mr. Leo Barrera, 266 Sherman Avenue, stated overcrowding has been a problem in the City for the last three or four years, but now it is getting to be a very big problem. He also stated he would like to see a park in the downtown area as soon as possible. L. Mrs. Gloria Nainoa, 12685 Crystal Ranch Road, spoke about the problem of single men congregating in front yards and causing problems in the downtown area. She stated overcrowding is a long term problem, and offered to translate for City officials, if the need arose. M. Mr. Jerry Hornaday, 421 Ruth Avenue, stated the overcrowding problems needs to be resolved, and soon. Minutes of the City Council Moorpark, California 3 _ _ _ July 20L1988 N. Ms. Alice Campbell, 448 Dorothy Avenue, was concerned with overcrowding, illegal parking on the streets, and sanitation problems in the downtown area. 0. Mrs. Victoria Perez, 4237 Canario Court, asked the Council and the community to get together and resolve the overcrowding problems. She felt it was a community problem, not just a problem of the downtown area. Traffic problems need to be resolved perhaps with the addition of a traffic officer. There should be no parking allowed on front lawns. She further suggested citizens should come up with a "good neighbor" program to communicate what acceptable behavior is to the citizens of Moorpark. P. Mrs. Anna Bell Sessler, 6061 Gabbert Road, stated she would like to see the City purchase the high school site and renovate it as the City of Ventura did to the old County Court building. AT THIS POINT IN THE MEETING, the Council recessed, the time being 7:50 p.m. At 8:30 p.m., the Council reconvened. Councilmember Perez thanked all those who had spoken during Public Comments concerning overcrowding. 7. COMMITTEE REPORTS: A. Councilmember Perez reported he had attended a Freeway Strategy Committee meeting. B. Mayor Pro Tem Brown reported she had attended a VCAG and an Animal Regulation Committee meeting. 8. CONSENT CALENDAR: By consensus of Council, Items 8.C., 8.D., 8.K. and 8.L. were pulled were individual consideration by Council. A. Approval of 1987/88 Warrant Register: - Prepaid Warrants Nos 6933, 7003 -7008, 7010 -7012, 7085 -7096 $27,763.96 - Payable Warrants Nos. 7112 -7145 $22,183.42 B. Approval of 1988/89 Warrant Register: - Prepaid Warrants Nos. 7009, 7014 -7015 $ 4,326.90 - Payable Warrants Nos. 7146 -7152 $ 1,375.30 E. Consider a report concerning _the _Lease of a _telephone system from G -TEL for the _ne_w,_City_ _Ha 11 Staff recommended Council authorize the Mayor to sign the necessary documents on behalf of the City. F. Resolution No. 88 -494 to Cook erate with the County of Ventura in Connection with the Community _ Development_ Block Grant Entitlement Proo ram.,_ Consider a resolution and a cooperative Minutes of the City Council Moorpark, California _ _ 4 _ _ July 20, 1988 agreement between the County of Ventura and the City of Moorpark to extend the Community_Development Block Grant (CDBG) Urban County /Entitlement prop ram for the next three years L1989- 19911. Staff recommended Council approve the proposed resolution and authorize the Mayor to sign the agreement on behalf of the City. G. In Consider an agreement to construct improvements and acceptance of a Grant Deed for abortion of Los Angeles Avenue for CUP -4508 to sign the to execute Deed. 1). Staff recommended Council authorize the Mayor agreement on behalf of the City and the City Clerk a Certificate of Acceptance and record the Grant Consider the exoneration of _letters of credit for DP -323 (Braun). Staff recommended Council authorize the City Clerk to exonerate the letters of credit. I. Consider the exoneration of a _grading bond for DP -325 (NHD Partners). Staff recommended Council authorize the City Clerk to exonerate the grading bond. J. Consider the exoneration of__grading security for DP -392 Cabot Cabot & Forbes). Staff recommended Council authorize the City Clerk to return the grading security to Cabot, Cabot, and Forbes. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to approve Consent Calendar Items 8.A., 8.8., 8. E. , 8. F. , 8.G., 8. H. , 8.1. and 8.J. as recommended by staff. The roll call vote was unanimous with Councilmember Galloway and Mayor Lane absent. C. Consider an update to_the City_Hall Construction rroo ect. Staff recommended Council approve the Change Orders and receive and file this report. Mayor Pro Tem Brown questioned who was responsible for the contract drawings which resulted in the misalignment of curbs in the parking lot which required modification under Change Order #8. Mr. Kueny responded DIAL was responsible. They did the re- drawings at their own cost, however, a 7 -day extension had to be granted to the contractor for the delay in time the error caused. MOTION: Mayor Pro Tem Brown moved and Councilmember Harper seconded a motion to approve the Change Orders and receive and file this report. D. Consider a contract for services for inspection of landscaping at the City Hall project. Staff recommended Council approve the contract with R. W. Graham and Associates. Minutes of the City Council Moorpark, California _ 5 Mayor Pro Tem Brown questioned whether or not another inspector would be reviewing Mr. Graham's work. Mr. Kueny responded staff would be monitoring the contract. MOTION: Mayor Pro Tem Brown moved and Councilmember Harper seconded a motion to approve the contract with R. W. Graham and Associates. K. Resolution No. 88- _ _ A proposed resolution amending -4 Resolution Numbers 8728,..__87 -429 and 87 -430 for the purpose of clarifying and making�___technical corrections to certain conditions of approval for vesting Tentative Tract Map Numbers 4340, 4341, and 4342 and Residential Planned Development Permit Numbers RPD -1070, 1071 and _1_0_72. Staff recommended Council defer approval of the proposed resolution to July 27, 1988. L. Consider the exoneration of a _qrading bond for DP- 318ILDM -5 Kavlico . Staff recommended Council defer consideration of this item until July 27, 1988. Mayor Pro Tem Brown placed on the agenda action until July 27, staff's practice not an adjourned meeting Not wanting to add prompted staff to pla questioned why Items 8.K. and B.L. were when staff was recommending Council defer 1988. City Manager Kueny responded it was to add items to an adjourned meeting, and on July 27, 1988 was already anticipated. these two items just for that agenda, ce them on the agenda early. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to defer action on Items 8.K. and 8.L. to July 27, 1988. The voice vote was unanimous with Councilmember Galloway and Mayor Lane absent. BY CONSENSUS OF COUNCIL, Item 11.E. was heard at this point in the meeting. 11. E. Consideration of residential _occupancy concerns. Staff recommended Council direct staff as deemed appropriate. Patrick Richards, Director of Community Development, gave an overview of the situation and the corrective actions taken to date. Councilmember Perez thanked the staff for all of their efforts so far. Mayor Pro Tem Brown commented 58 abandoned vehicles had been tagged and were scheduled for follow -up by staff. Lt. Mike Brown, Sheriff's Department, reported they would be implementing a directed patrol in the downtown area during officer's "free time ". He defined "free time" as time the officer was not involved with emergency calls. They felt this could be accomplished without overtime. A Sheriff's Cadet was also being considered to work on parking enforcement problems 20 hours per week in the downtown area. Minutes of the City Council Moorpark, California 6 July_ 20, 1988 Short term issues which needed to be resolved were identified by the Council as: vehicle code violations and speeding, improvement of public behavior, overcrowding of dwelling units, and parking on lawns. The long term issue to be resolved was low- income housing availability. Councilmember Perez commented he felt the behavior problems could be correctly easily with the help of the community. City Manager, Steven Kueny, suggested the Council might consider implementing the directed patrol beginning two hours before and ending two hours after the regular shift, plus the use of the Sheriff's Cadet. The Council could authorize additional funds in the amount of $8,000 to pay for overtime of current staff until the September 1st arrival of the new officer. Lt. Brown could be directed to work up a program which would begin as soon as possible. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to appropriate $8,000 from the excess proceeds of taxes (Gann funds) to be directed towards additional enforcement in the downtown area as recommended by Lt. Mike Brown. The roll call vote was unanimous with Councilmember Galloway and Mayor Lane absent. Mr. Kueny further commented the City's code enforcement officer would work with the deputy on duty in the downtown area. Councilmember Harper questioned what could be done to aid the public behavior problems, such as public urination, harassment of minors, etc. Lt. Brown pointed out there is a difference between public urination and indecent exposure. If public urination is to be a misdemeanor, then there is the requirement of a witness bringing forth a complaint. By consensus of Council, with Councilmember Galloway and Mayor Lane absent, the City Attorney was directed to prepare an ordinance for consideration by the Council prohibiting public urination, and making such a misdemeanor. The ordinance was to be presented to the Council at the adjourned meeting of July 27, 1988. Noise complaints would also require a victim who is willing to prosecute. He felt more aggressive reporting on the part of citizens in the area was needed. Mr. Kueny also suggested the Council hold a Town Hall meeting in eight weeks, or at some point after the directed patrols have had an opportunity to work, in order to receive some feedback from the citizens in the area involved. He further mentioned the Council might want to pursue some type of literature campaign, in both English and Spanish, which would address the public behavioral problems. Councilmember Perez felt this type of campaign could fall in the bounds of a good neighbor program perhaps consisting of those involved in the Neighborhood Watch Program. Mayor Pro Tem Brown asked that there be a report to the Council concerning the Minutes of the City Council Moorpark, California 7 Jul 20 1988 progress being made in approximately eight weeks. Councilmember Harper felt a Town Hall meeting during the week would be best. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to hold a Town Hall meeting on September 14, 1988 to discuss the progress being made on the overcrowding problem. The voice vote was unanimous, with Councilmember Galloway and Mayor Lane absent. Councilmember Harper felt a literature campaign should not only ask for cooperation from citizens, but also point out what constitutes a violation, and what action would be taken for violation of codes. Mr. Kueny suggested staff draft such a letter, in English and Spanish if possible, and return with a draft on July 27, 1988. Mayor Pro Tem Brown suggested that the letter reflect that certain types of behavior would affect how people are welcomed in the neighborhood. The draft would contain all suggestions made by Council, and would be presented at the adjourned meeting of July 27, 1988, by consensus of Council with Councilmember Galloway and Mayor Lane absent. Council discussed the merits of the Chula Visa and the Santa Ana ordinances which relate to overcrowding. City Attorney Cheryl Kane pointed out the Santa Ana ordinance requires an inspection warrant to be issued based upon a declaration that there is a problem. This requires a great deal of staffing efforts which are not available to the City of Moorpark at the present time. By consensus of Council, with Councilmember Galloway and Mayor Lane absent, staff was directed to get a copy of Santa Ana's ordinance and code enforcement program for review, and report back to the Council at Council's August 13, 1988 meeting. The Council also authorized overtime for the Code Enforcement Officer on an as- needed basis. Lt. Brown also proposed a seven day per week evening program (four hours a day with overtime), until September 1st when the new officer and additional police car will arrive. Weekly reports will be presented to the Council on activity in the area. He will attempt to work out a ride -along program with the Code Enforcement Officer. Officers assigned to the Moorpark, who are most familiar with the area, will be used as much as possible. AT THIS POINT IN THE MEETING, the Council recessed. The time was 10:02 p.m. At 10:22 p.m. the Council reconvened. 9. PUBLIC HEARINGS: A. Draft Downtown Plan. _A stuff plan making_ reco_m_mendations regarding ossible future land uses, architectural themesi signage,_ streetsc_ap_ flans plus _ t_he incentive measure and implementation plans _ Pm? posed. The Planning Commission recommended Council adopt the policy actions on pages five and six of the draft; include those other actions as part of the General Plan Update; and direct staff to prepare a regulatory Minutes of the City Council Moorpark, California _ 8 _ _ Jul 20, 1988 specific plan for the downtown area to be adopted no later than January 1, 1989. Patrick Richards gave an overview of the item, and then introduced Mr. Mike Nyland (1300 Dave Street, Suite 100, Newport Beach, CA 92660 -2415) of The Planning Center. The Public Hearing was then opened. A -1. Mr. Rick Schoffenheir, representing Southern Pacific Railroad, stated the railroad wants to be actively involved in the downtown plan and its implementation. He introduced Mr. Bob Stacey, also of the railroad, who will be the railroad's liaison to the City. Both Mr. Schoffenheir and Mr. Stacey indicated they would be interested in serving on any committee the City might form to review and implement the downtown plan. A -2. Mrs. Leta Yancy- Sutton, 215 Moorpark Avenue, suggested that the City Council look at the uses for a C -1 parcel, and then make adjustments to make the uses fit better east of Moorpark Avenue. A -3. Mr. Curran Cummings, 640 Bard, felt the plan has taken too long to be completed. The Public Hearing was closed when no one else wished to speak. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to adopt the five policy actions on page five of the draft report, with additions to be added during the General Plan Update; to develop a regulatory specific plan which includes a maximum amount of public comment to be brought to the Council by January 1, 1989; and to direct staff to report back to the Council on the proposed composition of the regulatory entity. The voice vote was unanimous with Councilmember Galloway and Mayor Lane absent. Mayor Pro Tem Brown commented she was concerned with a regulatory specific plan. Councilmember Harper commented the plan should allow flexibility and creativity in the downtown area. Staff was directed to place this matter on the July 27, 1988 agenda for consideration. B. 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. Staff recommended Council direct staff as deemed appropriate. The Public Hearing was opened and then closed when no one wished to speak. Mayor Pro Tem Brown commented the City currently seems to have a very active group of residents who have brought forth several General Plan amendments. They have also managed to get these amendments accomplished in a very timely manner. Councilmember Perez commented he would support the proposed additional ratification by the citizens since there has been a Minutes of the City Council Moorpark, California _ _ 9 _ Jules 20, 1988 history of Councils in the past not adhering to the wishes of the citizens. The City Attorney counseled the Council to consider having a uniform system so that no matter when an amendment occurs, the same criteria would apply. As currently proposed, if an amendment receives a 5 -0 vote, it would be exempt from voter ratification. The City Attorney was directed to review the proposed ordinance again to see what other options might be available regarding potential liability of having any distinction in standards within the two proposed processes. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to put together all of the information and concerns expressed by Council and send the matter back to the Planning Commission for their, re- consideration of whether or not they would support a clustering of General Plan amendments. The voice vote was unanimous with Councilmember Galloway and Mayor Lane absent. 10. COMMENTS FROM COUNCILMEMBERS: A. Consider approval of final wordino,of the argument, and the City Attorney's impartial analysis, for the November_ ballot measure concerning a se�aratelyelected Mayor. Council received and filed the report, thereby approving the final wording of the argument, by consensus of Council with Councilmember Galloway and Mayor Lane absent. Councilmember Galloway and Mayor Lane were directed to write the argument for the measure by consensus of Council. AT THIS POINT IN THE MEETING, Council recessed. The time was 11:57 p.m. At 12:09 a.m., the Council reconvened. 11. DISCUSSION /ACTION ITEMS: A. 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. The matter was continued to July 27, 1988. B. Consider a draft Request for Proposal (RFP) to update the City's Land Use and Circulation Elements of the General Plan. Staff recommended Council defer action on this item until August 3, 1988. The matter was continued to July 27, 1.988. C. Consider a response _,to _a notice_ _by _Moorpark Unified School District` pursuant to Education Code Section_.39390L et. seg..i regarding the 289 Casey Road school site. Staff recommended Council authorize a response to be sent. Minutes of the City Council Moorpark, California 10 _ _ _ July 20, 1988 Steven Kueny gave a brief overview of this item. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to: adopt a plan under Education Code Section 39397.5 and that plan will essentially be Option 1.A. identified in the staff report, excluding from the lower field area the back part of the grounds surrounding the two buildings, direct staff to produce a map of the area which shows a net area of approximately 8.4 acres; and direct staff to respond by July 25, 1988 to the District notifying them of the City's desire to purchase the surplus school property from the school district pursuant to the adopted plan. The voice vote was unanimous with Councilmember Galloway and Mayor Lane absent. Councilmember Perez felt this was an important first step to acquire a site to be used as downtown park. Councilmember Harper stated this action does not preclude the acquisition of a second park site. Mayor Pro Tem Brown agreed, further stating that making an offer did not mean the City would be successful in purchasing the parcel of land. D. Consider a request to the rental _fees for use of the Community Center for VFW meetings. Staff recommended Council direct staff as deemed appropriate. Philip Newhouse, Director of Community Services, gave an overview of this item. Fees were changed to $10 per hour to reflect current staff costs at this time. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to waive the building use fees for VFW meetings for a one year period, with meetings to be two hours in length, and the VFW required to pay fees which cover staffing costs at the rate of $10 per hour. The voice vote was unanimous with Councilmember Galloway and Mayor Lane absent. F. Consider graffiti abatement __by_private property_ owners. Staff recommended Council direct staff as deemed appropriate. This item was continued to July 27, 1988. G. Consider revision to the Tierra _Rejada Road /Moorpark (Spring) Road Area of Contribution __Report. Staff recommended Council revise the report to reflect current cost estimates. This item was continued to ,July 27, 1988. 12. ORDINANCES: A. Ordinance No. 98 Amending_ Or_d_in_ance No. 82 as Adopted by the City of Moorpark, California on November 3, 1983, pertaining to the Sign Code._ An ordinance. - -for first reading and introduction concerni- ng an amendment to the Mk Municipal Code to - - -- - - - — Moorpark requirements_ for_political__lca aignl signs. Staff Minutes of the City Council Moorpark, California 11 J u 1 y 20,_1988 recommended Council approve the ordinance for first reading and introduction. The City Attorney, Cheryl Kane, read Ordinance No. 98 in title only, after making a minor language change in the ordinance. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to waive further reading and declare the ordinance read for the first time. The voice vote was unanimous with Councilmember Galloway and Mayor Lane absent. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to introduce the ordinance as read. The voice vote was unanimous with Councilmember Galloway and Mayor Lane absent. 13. FUTURE AGENDA ITEMS: The following items were directed to be placed on future Council agendas: consideration of affordable housing needs, consideration of the street sweeping contract, consideration of light intrusion at Peach Hill Park, and use of the remainder of the excess proceeds of tax monies. 14. CLOSED SESSION: A. Potential litigation __pursuant to Government _Code_ Section 54956.9(b)(1). B. Potential litigation- ___pursuant to Government Code Section 54956.9(c). C. Litigation concerning B.I.A. versus the City of Moorpark. D. Personnel. E. Negotiations concerning_,the high_school site. MOTION: Councilmember Perez moved and Councilmember Harper seconded a motion to go into Closed Session under Government Code Section 54956.9(b)(2), and if a threat of litigation is discovered, then to remain in Closed Session under Item 14.A. The voice vote was unanimous with Councilmember Galloway and Mayor Lane absent. The time was 12:22 a.m. The Council came out of Closed Session at 12:43 a.m. City Attorney Cheryl Kane announced that pursuant to Government Code Section 54956.2(b)(2) it was determined to remain in Closed Session under Government Code Section 54956.2(b)(1) and there was no action to report out of Closed Session. 15. ADJOURNMENT: Minutes of the City Council Moorpark, California 12 July 20,_1988 MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to adjourn the meeting to 6:00 p.m. on July 27, 1988 at which time it was their intent to go into Closed Session, and then go into Open Session at 7:00 p.m. The voice vote was unanimous with Councilmember Galloway and Mayor Lane absent. The time of adjournment was 12:44 a.m. ' �-Of Mayor ATTEST: