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HomeMy WebLinkAboutMIN 1988 0817 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California August 17, 1988 The Regular Meeting of the City Council of the City of Moorpark, California was held on August 17, 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 Councilmember Harper. 3. ROLL CALL Present: Councilmembers Eloise Brown, John Galloway, Clint Harper, Bernardo Perez, and Mayor John Lane. Steven Kueny, City Manager; Lisa Kranitz, Acting City Attorney; Patrick Richards, Director of Community Development; Philip Newhouse, Director of Community Services; John Knipe, Assistant City Engineer; Mike Ruben, Senior Planner; Sgt. Kathy Cullins, Sheriff's Department; and Sally Coons, Secretary. 4. PROCLAMATIONS, COMMENDATIONS i AND SPECIAL PRESENTATIONS No proclamations, commendations or special presentations were made. Mayor Lane introduced and welcomed Cindy Turner, the City's new Recreation Supervisor. 5. REORDERING OF, AND ADDITIONS T0, THE AGENDA City Manager Kueny requested that two items be added to the Agenda: 1) Appeal of Blue Star Permit; and 2) Consider opposition to AB 3341 (compulsory and binding arbitration for law enforcement personnel). MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to add Agenda Item 11.0. - Appeal of Blue Star Permit, as an item which arose subsequent to the posting of the Agenda. The voice vote was unanimous. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to add Agenda Item ]1.P. - Consider opposition Minutes of the City Council Moorpark, California Page 2 August 17, 1988 to AB 3341, as an item which arose subsequent to the posting of the Agenda. The voice vote was unanimous. 6. PUBLIC COMMENTS 6.A. Tom Zanic (520 Broadway, Suite 100, Santa Monica) representing Urban West, requested the Council consider adding language to the Tierra Rejada Road /Moorpark Road AOC Report so that within 90 days of the approval of the Carlsberg Specific Plan, the Report will be adjusted. He further advised that he was available to answer any questions the Council may have regarding the design of the West Meadows Park basin. 6.B. Tom Schleve (8160 Happy Camp Road, Moorpark) requested that the Council consider a general plan amendment, outside the general plan update process, for his proposed development of a 71 acre site located east of Walnut Canyon Road north of Wickes Road. 6.C. Leo Barrera (266 Sherman Avenue, Moorpark) encouraged the Council to proceed with the development of a downtown park. 6.C. Elaine Freeman (24005 Ventura Blvd., Calabasas) representing Griffin Homes, urged the Council to adopt the Staff recommendation regarding re- distribution of 1987 residential permit allotments. 6.C. Phil Vein (6685 Princeton Avenue, Moorpark) representing A & R Development Company, encouraged the Council to take Recommended Action No. 3 in the Staff Report regarding the re- distribution of 1987 residential permit allotments. COUNCIL COMMENTS In response to questioning by Councilmember Galloway, Director of Community Development Pat Richards advised that the normal procedure for general plan amendments, outside the general plan update process, is to file a General Plan Amendment Request which is considered by the Council. If approved by the Council, it proceeds in the normal process. 7. COMMITTEE REPORTS 7.A. Mayor Pro Tem Brown advised that she attended a recent meeting of the Moorpark Unified School District Board, and gave a brief report of the meeting. 7.B. Councilmember Harper advised that his meeting with representatives of Shell Oil. was somewhat reassuring in that they advised him of the amount of equipment available in Simi Valley to respond to a pipeline rupture. In the event of an Minutes of the City Council Moorpark, California Page 3 August 17, 1988 emergency, Shell Oil has been directed to notify the Sheriff's Department. 8. CONSENT CALENDAR On a motion by Councilmember Perez and seconded by Councilmember Brown, the following items were approved by a unanimous roll call vote of the Council: 8.A. Approval of 1987/88 Warrant Register: - Prepaid Warrants Nos. 7183 & 7260 $ 5,356.60 - Payable Warrants Nos. 7283 -7291 & 7293 $ 58,987.80 8.B. Approval of 1988/89 Warrant Register: - Prepaid Warrants Nos. 7157,7182 -7185 $140,110.89 7243 -7271 7273 -7282, 7292 - Payable Warrants Nos. 7294 -7343 $ 21,427.52 8.D. Consider extending the date of completion for Collins Drive between the southern_ tract boundary (Tract 3963 - Griffin) and Glenwood Drive. Staff recommended that the date of completion be extended to January 15, 1989. B.E. Consider a status report concerning the opening of the south side of Tierra Re ada _Road. Staff recommended the report be received and filed. B.H. Consider the purchase of a small refrigerator for the lunch room of the new City Hall facility. Staff recommended the purchase be authorized. The following items were pulled for individual consideration by the Council: 8.C. Consider accepting the public improvements within Tract 4037 (Cal prop) and authorize exoneration of specific bonds.Staff recommended that the improvements be accepted and the City be authorized to exonerate specific bonds. City Manager Kueny advised that remedial work needs to be done on the Spring Road sidewalk, adjacent to the project. He recommended the improvements be accepted, subject to the approval of the City Manager., and that authorization be given to exonerate the bonds when the improvements are completed to the satisfaction of the City Manager. MOTION: Councilmember Perez moved and Councilmember Galloway seconded a motion to accept the improvements within Tract 4037, subject to the approval of the City Manager; and to authorize exoneration of the bonds when the improvements are completed to the satisfaction of the City Manager. The voice vote was unanimous. Minutes of the City Council Moorpark, California Page 4 August 17, 1988 8.F. Consider a report regarding code enforcement activities for the period of February 1988 to July 1988. Staff recommended the report be received and filed. Upon questioning by Council, Staff clarified that house numbers are required by Code because they assist emergency vehicles. Further, Staff reported that the City is working with owners and tenants of overcrowded residences to help them find other available housing, and the nine pool fence violations have been resolved. Councilmember Perez commended Staff for the much improved conditions as a result of the Code Enforcement Program. Councilmember Brown congratulated the Code Enforcement Officer on the excellent trash collection program held on August 13, 1988. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to receive and file this report. The voice vote was unanimous. 8.G. Consider a request from the Planning Commission to hold a joint meeting with the City's parks_ and Recreation Commission to discuss _ the sub ect of a downtown _park. Staff recommended the request be approved. Council discussion included the position that the Park and Recreation Commission should have the opportunity to make a choice of park sites free of the Commission that is involved with zoning. The Council had already requested the Park and Recreation Commission for their recommendation, and it is the responsibility of the City Council to make sure that land planning and park and recreation issues are compatible. Additionally, the position was expressed that a park site is not only a Park and Recreation Commission decision, but a planning decision as far as traffic circulation, accessibility, etc. There is no formal process whereby the Park and Recreation Commission has an opportunity to acquire planning information. If the two Commissions meet first, the recommendation to the Council will be more "fine- tuned ". MOTION: Councilmember. Harper moved and Councilmember Lane seconded a motion to authorize the Park and Recreation Commission and the Planning Commission to meet jointly as soon as it can be agendi.zed after the Park and Recreation Commission meeting of August 22, 1988, if there is a concurrence by the Park and Recreation Commission to so meet. The motion carried, with Council.members Brown and Galloway dissenting. B.I. Resolution No. 88 -499. Consider a proposed resolution authorizing the installation of "Stop" signs at various locations within South Village (Tract Nos. 4140, 4141 and 4142) and establishing _a "No Parking Any Time" zone along the Minutes of the City Council Moorpark, California Page 5 August 17, 1988 inside of the knuckle of Mistygrove Street and Heatherwood Hollow Avenue. Staff recommended the proposed resolution be approved. Assistant City Engineer, John Knipe, advised that in addition to the "Stop" signs and "No Parking Any Time" zones established in the proposed resolution, the citizens of this area have requested 22 or 23 additional stop signs. Sgt. Cullins advised that she had reviewed and approved the original sign and no parking requests, however she had not had an opportunity to review the additional locations being requested. The Council expressed some concern that stop signs and no- parking zones should be established at the time the project is considered, and not after the roads are built. It was a general consensus that signage and striping should be considered early in the approval process. MOTION: Councilmember Harper moved and Councilmember Galloway seconded a motion to approve Resolution No. 88 -499 as presented; and to direct Staff to consider additional placement of stop signs at points indicated on Exhibit "A ". The voice vote was unanimous. 9. PUBLIC HEARINGS 9.A. Appeal No. 11 of a_Planning Commission decision by A & R Development. A & R Development proposes to eliminate the requirement for pilasters in conjunction with wrought iron fencing. Staff recommended that the decision of the Planning Commission be upheld. Senior Planner Mike Rubin reviewed the map and written report to the City Council, outlining the areas and points of concern, including the perimeter fencing and pilaster concerns. Mayor Lane declared the Public Hearing open and recognized Phil Vein. Phil Vein (A & R Development) advised the main issues are the requirement that the majority of perimeter fencing be wrought iron; and the requirement for pilasters to be placed every 16 feet on center, where wrought iron is used as rear yard fencing. The applicant is requesting this requirement be reduced to the corners of rear and side lot lines only. Mr. Vein presented exhibits which included photographs of the Griffin Campus Hills Tract; photographs depicting existing areas where pilasters are 16 feet on center; and photographs of the view looking out from his home. Mr. Vein advised that if the pilasters were installed in accordance with the requirements outlined by the Planning Commission, they would cost $1,500 per house. To install all Minutes of the City Council Moorpark, California Page 6 August 17, 1988 fencing in accordance with the requirements outlined by the Planning Commission would cost $7,500 per house. He advised that A & R Development was prepared to put in basic fencing without pilasters; and perimeter fencing of vinyl- coated chainlink. AT THIS POINT IN THE MEETING, the full Council recessed, the time being 8:47 p.m. At 9:13 p.m., the full. Council reconvened. The Council discussion included expressed concern with the use of vinyl- coated chainlink fencing on the perimeter of the tract, as well as questioning of the prices quoted by the developer for installation of the fencing as required by the Planning Commission. Additionally, there was a concensus of the Council that some of the pilaster locations were inappropriate. Discussion also included the need for standard fencing policies. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion that in areas where wrought iron is required, pilasters be put at corners or at key slope changes that would require support; generally on corners or no closer than 25 feet centers. City Manager Kueny advised that it was intended that pilasters be placed at each grade break and at property corners. Where the land was flat, they should be placed 16 feet on center. MOTION WITHDRAWN: Councilmember Brown withdrew the motion; Councilmember Galloway withdrew the second. MO %'ION: Councilmember Brown moved and Councilmember Lane seconded a motion to require pilasters be placed on corners of lots and no other locations. MOTION AMENDMENT NO. 1: Councilmember Galloway moved and Councilmember Brown seconded an amendment to the motion that as per the Exhibit submitted by the applicant, those lots numbered 25 through 40 shall. be required to have pilasters at nine (9) locations as on exhibit; and on those lots numbered 77 through 93, pilasters shall be required to be placed at seven (7) locations as on Pxhi.bit. The voice vote was unanimous. MOTION AMENDMENT NO. 2: Councilmember Harper moved and Councilmember Perez seconded an amendment to the motion that pilasters be at every corner, but shall not be closer than ten (10) feet apart, and shall be placed at the bottom and top of each slope. The voice vote was unanimous. MOTION VOTE: The motion as twice amended, was approved by a unanimous voice vote. Minutes of the City Council Moorpark, California Page 7 August 17, 1988 MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion that perimeter fencing currently designated chainlink be replaced with wrought iron. The motion carried with Councilmembers Brown and Lane dissenting. 10. COMMENTS FROM COUNCILMEMBERS Councilmember Perez expressed concern regarding satellite dishes and the impact of their placement. Director of Community Development Richards responded that the City has very marginal control over the placement of satellite dishes. Acting City Attorney Lisa Kranitz advised that her firm has material already generated on this issue and will produce it for review by the Council. Councilmember Harper requested that the next Agenda include the truck scale and its cost to the City. Councilmember Brown requested that the next Agenda, or as soon after as possible, include consideration of wording on all City park signs to read that the parks are for all residents of the community. Mayor Lane thanked the maintenance crew for the excellent job in restoring and maintaining Peach Hill Park. He expressed concern regarding security for City Vehicles; and whether the "no parking" areas on Peach Hill. would unnecessarily inconvenience the residents. In response to Mayor Lane's question, Director of Community Services Newhouse advised that the plans for South Meadows Park were submitted to the architect approximately three weeks ago. 10.A. Consider the rotation of appointment to the Highway 118 Strategy Committee. Current appointees are Councilmembers Harper and Perez. The new appointee, along with Councilmember Perez, will. serve for the period of September through November. By concensus, the Councilmember Brown Councilmember Harper, Councilmember Perez. 11. DISCUSSION ACTION ITEMS: Council. approved the rotation of onto the Committee, replacing and joining on the Committee with 11. A. Consider a draft Request for Proposal (RFP) to update the City's Land Use and Circulation Elements of the General Plan. Staff recommended that the draft RFP be approved for submittal to consultant firms. Director of Community Development Pat Richards advised that the draft RFP before the Council reflected the changes previously made and as recommended by the City Manager, and Minutes of the City Council Moorpark, California Page 8 August 17, 1988 Staff recommended It be approved for submittal to at least five consultant firms. Discussions between the Council and Staff resulted in the following changes to the draft: Item 1 (page 3) corrected to read "...if all amendments are approved,.. "; Item 5 (page 3) should read, "Define 'possible' future Route 118 & 23 Freeway right -of -way for land use planning purposes and add "Also, recommend the location of future 118 Freeway ramps. "; Item 16 (page 4) to be combined with Items 5 & 6 (page 3); Item 16 (page 4) eliminate the wording, "Also, recommend the location of future 118 Freeway ramps." Item 24 (page 5) added to read: "Evaluate alternative alignments for Lassen Avenue to connect to Moorpark Avenue." Item 5 (page 5) clarify to read, "...development of an updated parkland dedication ordinance (Quimby)." Delete Item 6 (page 5), should be part of Housing Element. Item 13 (page 6), change to read, "...population density patterns within the city 'sphere of influence'." Item 19 (page 6) eliminate "(such as 40 acres)." Items 20 and 21 (page 7) to be combined with Item 4. Items 22 and 23 (page 7) to include that, "it is the City's intent to adopt a tree preservation ordinance in the near future." Delete Item 29 (page 7) - should be part of Housing Element. Item 33.d. (page 8) to be clarified by Staff. Item 33.g. (page 8) be added to read, "industrial property east of DP- 302 ". Item 34 (page 8), add "...at the next lower designation than requested and at the next higher designation than currently exists." Item 35 (page 8) add wording, "...change to eliminate 'requirement for' - "convenience market ". Item 38 (page 8) regarding Zoning Comparability Matrix - direction to use same design for general plan and zoning. Project Summary (page 12) modify to be specific in number of updates in writing. Modify wording to read "The existing format of the General Plan need not be retained ". MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to approve the Draft RFP, as amended, and direct Staff to solicit bids from a minimum of five (5) firms. Councilmember Harper recommended that the RFP clearly outline benchmark reporting periods so that the consultant stays on target throughout the process. MOTION VOTE: The motion carried with Councilmember Harper dissenting. Councilmember Harper qualified his no vote by stating that he felt the scope of work is too broad and would unnecessarily encumber the process. Minutes of the City Council Moorpark, California Page 9 August 17, 1988 AT THE HOUR OF 10:50 P.M., the Mayor called for the reordering of the Agenda. It was determined to hear items 11.B., 11. If. , 11.K., 11.0., and 11. P. Regarding Agenda Item ll.D., Councilmember Galloway advised that this should be two agenda items, a Lree ordinance and a tree plan. ll.B. Consider revision to the Tierra Rejjada Road /Moorpark (Spring) Road Area of Contribution Report. Staff recommended they be directed as deemed appropriate. City Manager Kueny made a correction in the report made at the last Council meeting, advising that the correct date is June 30, 1987, not .June 30, 1988, on Page 3 of the report. He further advised that Staff has no objection to adding the wording suggested by Urban West regarding the Carlsberg Specific Plan. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to amend the Tierra Rejada Road /Moorpark Road Area of Contribution Report to include the language requested by Urban West, that "Within 90 days of the approval of a Specific Plan for the Carlsberg Property, the City Council will consider an adjustment to the report based on the amount of approved residential and commercial development." The voice vote was unanimous. 11.H. Consider a report_ . conce_rninQ a request by A & R Development for re- distribution of 1987 residential permit allotment. Staff recommended they be directed as deemed appropriate. Because the Council received the Staff Report too late for thorough study, it was determined to carry this item over until the next meeting. 11.K. Consider a request for additional funds for the curb, gutter and sidewalk project. Staff recommended they be directed as deemed appropriate. The written report from Staff included an identification of additional areas outside the scope of the project needing repair; and a funding source for the additional work. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to authorize the City Manager to negotiate with Mr. Hernandez for additional work as outlined by staff to a maximum amount of $154,000 (which includes a 10% contingency). Balance of funds, $27,947.00 would be from account 03- 1142 -903 ($50,000) which would leave a balance of $20,000 for miscellaneous curb, gutter, and sidewalk work during the balance of the fiscal year 1988/89. Minutes of the City Council. Moorpark, California Page 10 August 17, 1988 Assistant City Engineer John Knipe advised that the contractor will be given the "Notice to Proceed" on August 22, 1988, and he will report back to the Council with the actual start date. MOTION VOTE: The voice vote was unanimous. AT THIS POINT IN THE MEETING, the full Council recessed, the time being 11:05 p.m. At 11:15 p.m., the full Council reconvened. 11.E. Consider approving bronze colored poles alo_ngTierra j Reada Road. — -- _ -- By Council concensus, it was determined to require normal standards for the poles along Tierra Rejada Road. U.J. Consider a design for the West Meadows Park basin. Staff recommended that the Council accept the recommendation from the Parks and Recreation Commission. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to adopt the recommendation of the Park and Recreation Commission to approve the original grading plan as submitted; and to add an additional entrance to the proposed parking lot, yet maintain a minimum of 12 parking spaces provided the expansion of the parking lot will not adversely affect the proposed pondi.ng capacity of the park. The voice vote was unanimous, 11.0. Blue Star Permit City Manager Kueny advised that the appeal hearing is scheduled for August 25, 1988. He questioned what the Council desired as to attendance by Council, Staff or both. By concensus, the Council directed that the Director of Community Development, Pat Richards, and /or the City Manager attend, along with any Councilmembers that desire to attend. 11.P. Consider opposing AB 3341 City Manager Kueny advised that the League of California Cities is urging opposition to AB 3341 which requires compulsory and binding arbitration for law enforcement personnel. Council discussion followed, including pros and cons. The following motion was then made: MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to oppose AB 3341. The motion carried, with Councilmembers Harper and Lane dissenting. 12.A. Ordinance No. 99.----A proposed ordinance amending the municipal code by__adding____Chapter 10.02 relative to animal Minutes of the City Council Moorpark, California Page 11 August 17, 1988 control (curbing _of animals). Staff recommended the ordinance be approved for second reading and adoption. MOTION: Councilmember Harper moved and Councilmember Galloway seconded a motion to waive further reading and declare Ordinance No. 99 read for the second time. The voice vote was unanimous. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to adopt Ordinance No. 99. The voice vote was unanimous. 12.B. Ordinance No. 100. A proposed ordinance rescinding the City `s previous flood damage prevention ordinance and setting forth a new flood damage prevention ordinance. Staff recommended the Ordinance be approved for second reading and adoption. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to waive further reading and declare Ordinance No. 100 read for the second time. The voice vote was unanimous. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to adopt Resolution No. 100. The voice vote was unanimous. 13. FUTURE AGENDA ITEMS Councilmember Galloway requested there be public discussion regarding speed humps and /or stop signs between Buttercreek and Peppermill, and possible discussion of a speed hump policy. Councilmember Harper requested that a future agenda include discussion of a potential city charter, and the formation of a city charter. Ile also requested truck scales be put on the agenda. 14. CLOSED SESSION MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to go into Closed Session under items: 14.C. - Litigation; and 14.D. - Personnel.. The voice vote was unanimous. The time of adjournment to Closed Session was 11:30 p.m. All Councilmembers plus Steven Kueny, City Manager; and Lisa Kranitz, Assistant City Attorney were present for the Closed Session. The full Council reconvened into Open Session at the hour of 12:50 a.m. City Manager Kueny advised there was no action to report as a result of the Closed Session. Minutes of the City Council Moorpark, California Page 12 August 17, 1988 15. ADJOURNMENT Councilmember Brown moved and Councilmember Galloway seconded a motion to adjourn the meeting to 6:00 p.m. on August 25, 1988 with the intent to go into Closed Session from 6:00 p.m. to 7:00 p.m. and to reconvene in Open Session to proceed with regular agenda items. (jAn Patrick Lane, Mayor ATTEST: