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HomeMy WebLinkAboutMIN 1988 0727 CC ADJMINUTES OF THE CITY COUNCIL Moorpark, California _ _ _ July 27� 1988 The adjourned meeting of the City Council of the City of Moorpark, California was held on July 27, 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 6:12 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 meet in Closed Session first. 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 C. Litigation concernig ... B,I.A. versus the- City_of_Moog1 rk. D. Personnel. E. Personnel discussion __pursuant to .-Government __ _Code_ Section 54957.6. 1. CALL TO ORDER: The meeting was reconvened at 7:18 p.m. by Mayor John Patrick Lane. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Galloway. Minutes of the City Council Moorpark, California _ _ 2 _ _. July__27, 1988 MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to go into Closed Session to discuss Items 14.D. and E. The voice vote was unanimous. At 7:08 p.m., the Council reconvened in Open Session. City Manager Kueny stated there was no action to report out of Closed Session. AT THIS POINT IN THE MEETING, the Council recessed, the time being 7:09 p.m. 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; 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 Brown moved and Councilmember Galloway seconded a motion to add an item to the agenda regarding a proposed Labor Day Family Picnic, since the need to take action arose subsequent to the posting of the agenda. The voice vote was unanimous. The matter became item 11.K. on the agenda. 6. PUBLIC COMMENTS: A. Mr. William Rice, of Circus D'Carlo, stated his company did not feel they could up with the $650 as required by Council. B. Teresa Godinez, 370 Bard Street, thanked the City Council for making a move to purchase a portion of the high school site. She also felt that the 25 -acre site which is proposed to be donated as a park site by Mr. Schleve was a business venture on his part only. C. Mr. John Newton, 165 High Street, Suite 204, representing the Governmental Affairs Committee of the Moorpark Chamber of Commerce, stated they would like to see the City proceed with the downtown plan, and form an advisory committee to aid with the implementation of the plan. D. Mrs. Vicki McGowan, 13158 Mesa Verde, stated she would like to see the City hold the Labor Day Family Picnic, and would be willing to participate in the implementation of the event. E. Mr. Dick Cameron, 6101 Condor Drive, representing the Moorpark Chamber of Commerce, stated the Chamber supported the proposed Minutes of the City Council Moorpark, California _______3 _ . Jul 27, 1988 downtown plan. They wanted the City to produce a useful document which could be implemented. F. Mr. Curran Cummings, 640 Bard Street, stated he would like to see some guidelines and focal points identified so that people know what to expect when they come into the City to develop. Councilmember Perez thanked those who spoke regarding the downtown plan supporting the City Council's action of July 20, 1988. He further stated a downtown park was a number one priority for the Council. Councilmember Brown felt the City could reduce a portion of the security requirements for the circus. 7. COMMITTEE REPORTS: A. Councilmember Brown reported she had attended the Moorpark Unified School District Board meeting. 8. CONSENT CALENDAR: K. Resolution No. 88 -495. A resolution amending Resolution Numbers 87 -428, 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 1072, Urban West Communities (UWC). Staff recommended Council approve the resolution. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to approve Resolution No. 88 -495. The motion was approved with Councilmember Galloway voting no. Councilmember Galloway did not feel the amendments were consistent with the intent of the previously approved planned development. L. Consider the exoneration_ of a _rading_ bond for DP_- 318 /LDM -5 (Kavlico ). Staff recommended Council authorize the City Clerk to exonerate the grading bond. Dennis Delzeit, City Engineer, reported the applicant is willing to replace the bond with a .rash security. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to authorize the City Clerk to exonerate the grading bond. The voice vote was unanimous. 9. PUBLIC HEARINGS: No Public Hearings were held. 10. COMMENTS FROM COUNCILMEMBERS: Minutes of the City Council Moorpark, California 4 ._Jules 27, 1988 A. Consider approval of final wording of the argument for the November ballot measure concerning a_ separately elected Mayor. No action was taken. B. Councilmember Galloway asked staff to prepare a map which would indicate where all of the parks or potential parks are, or are proposed to be, located. C. Councilmember Brown expressed concern with the feasibility study of taking over Waterworks District #1, and the contents of a letter being sent to the Board of Supervisors. She felt a sub - committee should meet with Supervisor Dougherty on the subject, and asked that this matter be placed on Council's August 3, 1988 agenda for discussion. D. Councilmember Perez asked if the speed limit on Peach Hill Road was going to be lowered. Steve Kueny stated staff would include Peach Hill Road in the planned speed studies. 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 August 3, 1988. B. Consider a draft Request f s _or_Proposal (RFP) to update the City's Land Use and Circulation _Elements of the General Plan Staff recommended Council defer action until August 3, 1988. The matter was continued to August 3, 1988. F. Consider graffiti abatement X_private_property owner_s_. Staff recommended Council direct staff as deemed appropriate. Councilmember Galloway reported he had obtained another City's ordinance which pertained to graffiti. The ordinance allows a City to eradicate graffiti if a citizen chose not to remove graffiti on his property through the process they had established. City Attorney, Cheryl Kane, stated graffiti removal is most successful if it is removed as soon as possible. So, there is a need to have an inducement to get the residents to cooperate. In West Covina, property owners either remove graffiti on their property themselves, or they can avail themselves of the City's process for removal. If a resident chooses to do neither, then the City can prosecute due to the responsibility of each property owner to remove graffiti. They reported they have not had to prosecute a single case. Minutes of the City Council Moorpark, California 5 _July 27, 1988 By consensus of Council, staff was directed to: contact the Building Official of the City of West Covina to see what their experience is, what the costs have been, and how much staff time is required; contact various civic groups (Boys and Girls Club, Junior Chamber of Commerce, Chamber of Commerce) and certain developers to see what their interest in participation might be; and to return to Council with a report as soon as possible. G. Consider revision to the Tierra Rejada Road /Moorpark (Spring) Road Area of Contributi_on__Report. Staff recommended Council authorize revision of the report to reflect current cost estimates. The matter was continued to August 3, 1988. H. Consider a report from the City—Attorney regarding the Local Planning Ordinance. Staff recommended Council direct staff as deemed appropriate. Staff reported this matter will be coming back to the City Council after the matter has again been heard by the Planning Commission. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to reconsider Council's decision on the Local Planning Ordinance. The motion was approved with Councilmembers Harper and Perez voting no. Councilmember Galloway felt the City should not be wasting time on the ordinance. He felt the proposed ordinance should be broken down into separate parts. Councilmember Harper felt the Council should first review the recommendations of the Planning Commission in light of new information provided by the City Attorney, to see if clustering of the amendments would be beneficial. He suggested the Council might consider having a process whereby only contested General Plan Amendments would be placed on the ballot for consideration. Councilmember Galloway suggested the General Plan Update process be separated from consideration of the local planning ordinance. Mayor Lane felt the City had wasted enough of the Planning Commission's time on this matter. He felt the City's public hearing process was sufficient. Councilmember Brown agreed, stating there was no need to create another mechanism for review. Councilmember Perez thought there was some interest of the Council to move ahead on some portions of the comprehensive planning ordinance. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to not refer the matter to the Planning Commission, to proceed with Council's review of the hillside ordinance, and the Los Angeles corridor portion of the proposed ordinance to see if those sections addressed most of the concerns expressed. The motion was approved with Councilmembers Harper and Perez voting no. Minutes of the City Council Moorpark, California _ _ 6 _ _ _ July_ 27, 1988 I. Reconsideration of the City_ Council's action of July 20, 1988 concerning the Downtown Plan. Staff recommended Council direct staff as deemed appropriate. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to reconsider Council's action concerning the Downtown Plan. The motion was approved with Councilmembers Harper and Perez voting no. Councilmember Brown was concerned with the regulatory specific plan. She felt the downtown area property owners were doing a good job already in upgrading their property, and was reluctant to put City staff and government in front of a property owner who was willing to upgrade his property. Councilmember Galloway agreed, stating he felt the City needed to address downtown Issues without encumbering the update process. He wanted to see a final Downtown Plan. He suggested public hearings be held, the plan finalized, and then distributed. When this had occurred, then the Council could consider a similar action as to the one they took on July 20, 1988. Councilmember Harper commented Council's previous action indicated this was a draft document only, and was intended to be a first step in arriving at a final plan. He felt the Council should further revise and then implement a downtown plan. Councilmember Galloway felt major changes were needed in the present document before it could be approved. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to appoint two members of the Council to re- address those areas of concern regarding the draft plan, return to the full Council with their recommendations, and then the final plan could be prepared. The motion failed with Councilmembers Harper, Perez, and Mayor Lane voting no. Councilmember Galloway commented he did not feel it was unusual for a draft plan to be presented, revised and then a final document produced. Councilmember Brown felt the process would only take two months to complete. Councilmember Perez stated the Council had had a substantial amount of time to make their concerns known. He did not feel this additional process was necessary. Councilmember Harper commented land use concerns could not be adequately addressed by a sub - committee. He suggested land use concerns be removed from the ad hoc committee's review, and that it instead look at such things as architectural themes. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to not adopt specific land use designations but allow these to be reviewed during the General Plan Land Use Update, to direct staff to develop a regulatory specific plan which includes a maximum amount of public comment by a target date of January 1, 1989, to direct staff to report back to the Minutes of the City Council Moorpark, California _ _ _ 7 _ Ju1�27, 1988 Council on the proposed composition of the regulatory entity, and to adopt staff's recommendation. AMENDMENT TO THE MOTION: Councilmember Galloway moved and Councilmember Harper seconded a motion to amend the action to state Council will adopt a final plan after review of the draft plan by the Council. The voice vote on the amendment was unanimous. The voice vote on the main motion, as amended, was unanimous. Councilmember Brown commented that Council has had time to address all concerns, but those concerns have not been resolved. AT THIS POINT IN THE MEETING, the Council recessed, the time being 8:45 p.m. At 9:00 p.m. the full Council reconvened. J. Consider a draft of the bilingual information letter regarding activities and practices to overcrowding___concerns. Staff recommended Council approve the proposed draft. City Manager, Steven Kueny, presented the draft for consideration. Councilmember Perez stated he would like the draft reviewed by an interpreter. Councilmember Brown commented she had arranged to get a copy of the letter to the Director of Catholic Charities for further distribution, once the letter has been prepared. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to approve the proposed draft with minor changes as made by Council. The voice vote was unanimous. K. Consider the possibility of having__a_ Labor Day Family_ Picnic event in Peach Hill Park. Philip Newhouse gave an overview of how the plan was presented to the City by the Moorpark Youth Activities Committee. He further reported the committee will fund the activity at no direct cost to the City. Lt. Brown suggested a letter be sent to residents in the area asking them to park their vehicles on the street and allow their guests to park in their driveways. Councilmember Brown suggested staff pursue the use of the adjacent school parking lot for additional parking space. She also felt there should be no parking along the west side of Peach Hill Park Road. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to direct staff to contact Moorpark Unified School District to determine if their parking lot could be used; to direct staff to send letters to nearby residents of the park concerning parking; and to authorize the expenditure of an amount up to $250 for the program. The voice vote was unanimous. Minutes of the City Council Moorpark, California —,...-8 ____ July_27, 1988 Councilmember Galloway and Mayor Lane thanked the members of the Moorpark Youth Activities Committee for their initiative in planning the event. 12. ORDINANCES: A. Ordinance No. 98. An ordinance for second reading and adoption concerning an amendment to the Moorpark Municipal Code to provide requirements for political (campaign) signs. Staff recommended Council approve the proposed ordinance for second reading and adoption. Cheryl Kane, City Attorney, read the ordinance in title only: Amending Ordinance No. 82 as adopted by the City of Moorpark, California on November 3, 1983, pertaining to the Sign Code. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to waive further reading of the ordinance and declare the ordinance read for the second time. The voice vote was unanimous. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to adopt the Ordinance No. 98 as read. The voice vote was unanimous. B. Ordinance No. Consider an ordinance for first reading and introduction concerning the regulation of campaign spending. Staff recommended Council approve the proposed ordinance for first reading and introduction. Councilmember Harper felt Council should defer action on this ordinance until the League of California Cities` model ordinance on this subject could be reviewed. Councilmember Galloway agreed. MOTION: Councilmember Galloway moved and Councilmember Harper seconded a motion to defer action on this proposed ordinance until the League of California Cities' model ordinance became available at which time the City Attorney would prepare an analysis for presentation to the Council. The motion was approved with Mayor Lane voting no. C. Ordinance No. Consider an ordinance for first reading and introduction concerning the_ prohibition of urinating in ublic. Staff recommended Council approve the proposed ordinance for first reading and introduction. Cheryl Kane, City Attorney, gave an overview of her investigation regarding the use of Penal Code Section 374. Lt. Brown stated he will be directing officers to use this section of law indicating a violation would be a misdemeanor, with bail to be set at $50. Minutes of the City Council Moorpark, California _ 9 _ _ _ Jul 27, 1988 MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to adopt the procedure outlined by staff concerning Penal Code Section 374. The voice vote was unanimous. 13. 14. 15 FUTURE AGENDA ITEMS: Council directed that the following items were to be placed on future agendas: naming of the 69 -acre community park site with specific information to be made available to the public; consider directing the Parks and Recreation Commission to hold public discussions as to what It would cost to have downtown parks with recommendations from the commission as to locations and uses for those parks; consider meeting with Supervisor Dougherty concerning the feasibility study for Waterworks District #1; consider completing the landscaping in the Tierra Rejada median with funding mechanisms to be noted; and consider the greening of the 69 -acre park site and the pedestrian footbridge to the park. CLOSED SESSION: A. Potential litigation___.pursuant to -Government Government Code _ Section B. Potential litigation pursuant to —Government Code Section 54956.9(c). C. Litigation concernin c B.I.A. versus the Cif+ of Moorpark. D. Personnel. E. Personnel discussion pursuant to Government Code Section 54957.6. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to go into Closed Session to discuss those items listed. The voice vote was unanimous. The time was 9:37 p.m. At 9:53 p.m., the Kane stated only action to report. ADJOURNMENT: council reconvened into Open Session. Cheryl Item 14.C. was discussed and there was no MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to adjourn. The voice vote was unanimous. The time of adjournment was 9:54 p.m. 4 - '/ Mayor Minutes of the City Council Moorpark, California ATTEST: 10 July_ 27, 1988