HomeMy WebLinkAboutMIN 1988 0907 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California
September 7, 1988
The Regular Meeting of the City Council of the City of Moorpark,
California was held on September 7, 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 7:16 p.m. by Mayor John 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 Lane.
Steven Kueny, City Manager; Lisa Kranitz, Acting City
Attorney; Patrick Richards, Director of Community
Development; Philip Newhouse, Director of Community
Services; Maureen Wall, City Clerk; Mike Rubin, Senior
Planner; Dennis Delzeit, City Engineer; Lt. Mike Brown,
Sheriff's Department; and Sally Coons, Executive
Secretary.
4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS
4. A. Proclamation of Septembe_r__. _1.5_,1988 as D.A.R.E. Day in the
City of_Moorpark.
Mayor John Lane read and presented the proclamation
establishing September 15, 1988 as D.A.R.E. Day to D.A.R.E.
instructor, Senior Deputy David Lea. Deputy Lea thanked
those who were instrumental in supporting the program.
4.B. Proclamation of September 1 -30, 1988 as "Latino Voter
Registration and Education 88 Month" in the City_ of Moorpark
Mayor Lane read and presented the proclamation establishing
the month of September, 1988 as Latino Voter Registration and
Education Month to Pat Navarro of E1 Concilio del Condado de
Ventura.
4.B.1. Proclamation of __Se_ptember 16,.__1988 as National POW MIA
Recognition Day._
Minutes of the City Council
Moorpark, California Page 2 September 7, 1988
Mayor Lane read the proclamation establishing September 16,
1988 as National POW /MIA Recognition Day and calling on the
residents of Moorpark to honor all former American prisoners
of war, those still missing, and their. families.
4.C. Presentation _ concerning_ the Noise Stud on Walnut Canyon
Road. - - - -- - - - - - -- - — —
Mr. Bill Minter, California Department of Transportation,
addressed the Council concerning the noise study which was
conducted on Walnut Canyon Road. The conclusion of the study
determined that there is a truck noise problem on Walnut
Canyon Road which exceeds the limits set forth in the State's
Vehicle Code. A program to enforce the noise limits set by
the Vehicle Code was recommended.
Upon questioning, Lt. Brown advised that only the California
Highway Patrol can enforce noise violations on state routes
within the City; however this program has been abandoned due
to a reduction in staffing, other than at state weigh
stations and spot roadside inspections. Lt. Brown
recommended that the City pursue the legal right to enforce
compliance with the noise limits set forth in the Vehicle
Code within the City limits.
By concensus, the Council directed Staff to contact the
City's legislative delegation, including Senator Hart,
Assemblyman McClintock and the Transportation Commission, to
determine if they will introduce a bill to allow local law
officials to enforce compliance with noise limits; and to
draft a letter to the California Highway Patrol headquarters
requesting that enforcement of Vehicle Code Section 23130
begin immediately.
4.D. Presentation concerning possible city actions concerning the
proposed truck scales on Highway 118_
City Manager Kueny suggested that since a representative of
Cal Trans was not present to make a report, that this item be
considered later i.n the meeting.
5. REORDING OF, AND ADDITIONS_,TO, THE AGENDA
MOTION: Councilmember Galloway moved and Councilmember Brown
seconded a motion to change item 4.D. (truck scales) to item
11.S. The voice vote was unanimous.
MOTION: Councilmember Galloway moved and Councilmember Brown
seconded a motion to add item ]1.T. "Curb Cuts" to the Agenda as
the need to take action arose subsequent to the posting of the
Agenda. The voice vote was unanimous.
MOTION: Councilmember. Lane moved and Councilmember Harper
seconded a motion to add item ll.U. "Williams Ranch Road
Minutes of the City Council
Moorpark, California Page 3
September 7, 1988
Barricade" to the Agenda as the need to take action arose
subsequent to the posting of the Agenda. The voice vote was
unanimous.
MOTION: Councilmember Harper moved and Councilmember Lane
seconded a motion to add item 11.V. "Tract 4147 public
improvements - placement of sidewalks "; and item 11.W.
"Interpretation of August 17, 1.988 minutes of the City Council
regarding pilasters in Tract 3049" to the Agenda as the need to
take action arose subsequent to the posting of the Agenda. The
voice vote was unanimous.
6. PUBLIC COMMENTS
6.A. Edward R. Peters (7155 Walnut Canyon Road, Moorpark)
addressed the Council with his concern regarding the proposed
Hillside Ordinance. Mr. Peters advised that his lot split of
ten acres was approved by the County prior to 1983, and if he
was unable to build on top of the hill, as restricted by the
proposed hillside ordinance, his property value would decline
in half. He urged the Council to not implement the proposed
hillside ordinance.
6.B. Neal R. Garrett (12900 Williams Ranch Road, Moorpark)
addressed the Council in support of the closure of Williams
Ranch Road.
6.C. Joe Latunski (289 Casey Road, Moorpark) addressed the Council
concerning the down - zoning of his property, advising that
when he purchased his property in 1959, it was zoned
agriculture and subsequently re -zoned to residential estates
(one acre). The property was again down -zoned to five
acres. Since his total land is only 4.12 acres, he is now
non - conforming and cannot sell or develop his property. He
requested the Council restore the zoning back to one acre.
6.D. Joseph Vallino (12610 Hillside Drive, Moorpark) addressed the
Council in support of the closure of Williams Ranch Road.
6.E. Tom Thompson (12623 Hillside Drive, Moorpark) addressed the
Council. in support of the closure of Williams Ranch Road, and
pr.esc,nted a letter, signed by 38 residents, also supporting
the closure.
6.F. Phil Vein (6685 Princeton Avenue, Moorpark) representing A &
R Development, addressed the Council in support of a
re- distribution of the 1987 residential permit allotments
available as a result of the Urban West Communities
settlement; and concurred with recommendation No. 3 in the
Staff Report on this item.
6.G. Carol MacTarnaghan (12950 Williams Ranch Road, Moorpark)
addressed the Council. in support of the closure of Williams
Ranch Road.
Minutes of the City Council
Moorpark, California Page 4 September 7, 1988
6.H. Bill Lanahan (4641 Pepper Mill Street, Moorpark) addressed
the Council regarding the deplorable condition of Highway 118
in the Shasta- to- Gabbert Road area. He recommended that no
parking be allowed on the north side of the corridor. He
commented that graffiti, abandoned vehicles and unsightly
dumpsters contribute to the unpleasing condition of this
area. Mr.. Lanahan also questioned the status of the truck
weigh station.
6.I. Dan Schmidt (P.O. Box 3, Moorpark) representing the Moorpark
Mirror, addressed the Council regarding his concern with the
City's Newsrack Ordinance. Mr. Schmidt contended he felt
singled out for violations of the ordinance. Mr. Schmidt
requested that the Council strike or modify the ordinance to
comply with the recent decision of the Supreme Court; that it
be enforced evenly and without prejudice; and that he be
refunded the $30.00 in fines for previous ordinance
violations.
6.J. Sheila Kenny (12858 Williams Ranch Road, Moorpark) addressed
the Council in support of the closure of Williams Ranch Road.
6.K. Mike Upton (4202 Granadilla Drive, Moorpark) addressed the
Council in support of the closure of Williams Ranch Road.
6.L. Willard Walters (16722 Bollinger Drive, Pacific Palisades),
architect for Bel Air Sheet and Tube, advised that he was
available for questions under Agenda Item B.J. concerning a
Minor Modification to the loading dock area of DP -334.
6.M. Daniel Kenny (12858 Williams Ranch Road, Moorpark) addressed
the Council in support of the closure of Williams Ranch Road.
6.N. Opal Peters (7155 Walnut Canyon Road, Moorpark) addressed the
Council in opposition to the proposed Hillside Ordinance,
advising that her property with a panoramic view, would be
reduced in value by its enactment.
Mayor Lane thanked Mrs. Peters and her husband for all the
work they have done for the handicapped children.
6.0. Scott Montgomery (13069 Cloverdale, Moorpark) addressed the
Council concerning his candidacy for City Council and his
decision not to resign from the Planning Commission at this
time.
6.P. David Sakata (4244 Alandia Court, Moorpark) representing the
Countryside Homeowners Association and himself personally,
addressed the Council in support of the closure of Williams
Ranch Road.
6.Q. Tom Schleve (8160 Happy Camp Road, Moorpark) addressed the
Council regarding Agenda Item 11.G. concerning his proposed
Minutes of the City Council
Moorpark, California Page 5 September 7, 1988
71 acre development. He requested that his property be
considered separately from the General Plan Update process.
6.R. R. Stuermann (4206 Peach Slope, Moorpark) addressed the
Council in support of the closure of Williams Ranch Road.
6.S. Susan Weintraub (1800 Avenue of the Stars, Suite 1400, Los
Angeles) representing Topa Management Company, addressed the
Council concerning Agenda Item ll.Q. concerning conditions of
approval for Planned Development Permit No. PD -1064. She
urged the Council to consider her client's request so the
project could move forward.
6.T. Paul Lawrason (7291 Ambermeadow Street, Moorpark) addressed
the Council in support of the closure of Williams Ranch
Road. Additionally, Mr. Lawrason suggested the placement of
a temporary stop sign and future signal at the intersection
of Tierra Rejada Road and Peach Hill; as well as Tierra
Rejada Road and Walnut Creek, and Tierra Rejada Road and
Mountain Meadows.
6.U. Jim Brady (12419 Sunnyglen Drive, Moorpark) addressed the
Council in opposition to modifying the existing parking
restrictions on Mountain Trail Street in the vicinity of
North Meadows Park (AgendaTtem 11.M.).
6.V. Jerry Straughan (131.30 Williams Ranch Road, Moorpark)
addressed the Council in support of the closure of Williams
Ranch Road.
6.W. Richmon Deas (13092 Williams Ranch Road, Moorpark) addressed
the Council in support of the closure of Williams Ranch Road,
and presented a letter signed by himself and 13 neighbors
also in support.
6.X. Donna Vlaskamp (4293 Peach Slope Road, Moorpark) addressed
the Council in opposition to the closure of Williams Ranch
Road, and advised she will seek an injunction against the
City if it continues to pursue the street closure.
6.Y. Brad Gorman (4238 Peach Slope Road, Moorpark) addressed the
Council in opposition to the closure of Williams Ranch Road
and suggested the following alternatives: Pedestrian
openings in gate; open west end of Williams Ranch Road to
Walnut Creek; install. speed humps; increase traffic
enforcement; stop sign; and card key gate for residents only.
6.Z. Allen Camp (One Boardwalk, Suite 102, Thousand Oaks)
representing Carlsberg Financial, addressed the Council
regarding Agenda Item 11.0. concerning the Carlsberg Specific
Plan. Main concerns included: 1) Carlsberg wants to be part
of the RFP Selection Committee; 2) Carlsberg requests that
the Specific Plan not be required to include new draft
General Plan goals and policies; 3) that the proposed
Minutes of the City Council
Moorpark, California Page 6
September 7, 1988
Hillside Ordinance not apply to the Carlsberg Specific Plan;
and 4) that the time for submission of proposals be a thirty
(30) day period.
AT THIS POINT IN THE MEETING, the Council recessed, the time being 9:00
p.m. At 9:15 p.m., the full Council reconvened.
6.a. Debbie Thompson (12623 Hillside, Moorpark) addressed the
Council in support of the closing of Williams Ranch Road.
6.b. Shearon Millar (13061 Williams Ranch Road, Moorpark)
addressed the Council in support of the closing of Williams
Ranch Road, however suggested barricade could be moved to the
other side of Peach Slope Drive.
6.c. Ronald Tankersley (2800 28th Street, Santa Monica) advised
the Council he was present to answer any questions regarding
Carlsberg Specific Plan Request for Proposals.
6.d. Lewis Head (336 Whitney Avenue, Moorpark) addressed the
Council concerning his request to obtain a permit for an
additional driveway cut in the curb in front of his residence.
He presented photographs of his neighborhood, and expressed
concern that there seemed to be an inconsistency in allowing
curb cuts, and questioned the City's policy in this regard.
6.e. Bob Eakes (337 Sierra, Moorpark) addressed the Council
concerning his request to obtain a permit for an additional
driveway cut in the curb in front of his residence. He
advised that his back yard is completely surrounded by a 6'
high wall, obscuring it from view, and he desired to park two
vehicles there.
6.f. Don Moore (Chamber of Commerce) addressed the Council
advising that he was Chairman of Country Days and present to
answer any questions on Agenda Item S.I. concerning the
City's participation in Country Days.
6.g. Victoria Perez (4237 Canario Court, Moorpark) addressed the
Council in support of the closure of Williams Ranch Road and
thanked the Council for the effort that has been made to
clean up the downtown area. She further commented that it
was her understanding there would be a pedestrian walkway
through the barricade on Williams Ranch Road.
Responses From Council
Councilmember Perez reconfirmed his support of the Williams Ranch
Road closure. In response to Councilmember Perez's expressed
concern regarding the alleged inconsistency in the enforcement of
the newsrack ordinance, City Manager Kueny advised that Staff is
currently addressing this issue and has asked the City Attorney to
review the Newsrack Ordinance relative to the recent Supreme Court
decision. Regarding the proposed development by Tom Schleve,
Minutes of the City Council
Moorpark, California Page 7
September 7, 1988
Councilmember Perez advised he will consider the need for low
income housing relative to the proposal.
Mayor Lane advised that the hillside ordinance is only in the
draft stage at this time, and will probably be revised several
times before adoption. He commented that he agreed with the
suggestion for the installation of a stop sign at Peach Hill Road
and Tierra Rejada Road; and advised the status on the truck scale
project. In response to a question from Mayor Lane, City Engineer
Dennis Delzeit advised that Cal Trans has approved the no parking
zone on the north side of Highway 118, but he did not know their
time frame for installation of signs, etc. Mayor Lane requested
that the City Engineer follow up on this project and request Cal
Trans expedite it. Regarding the closure of Williams Ranch Road,
Mayor Lane advised that letters were mailed to residents in the
area and a public hearing was properly noticed and held.
7. COMMITTEE REPORTS
Councilmember Brown advised that she attended a meeting of the
Year 2000 Committee, and referred the Council to her written
report.
8. CONSENT CALENDAR
MOTION_ Upon motion by Councilmember Brown and seconded by
Councilmember Galloway, the following items were approved by a
unanimous roll call vote of the Council:
8.A. Approval of Warrant Register 1987/88:
- Prepaid Warrants Nos. 7344 & 7354 $ 1,806.69
- Payable Warrants Nos. 7373 -7375 &
7377 -7384 $ 99,101.59
8.B. Approval of Warrant Register 1988/89:
- Prepaid Warrants Nos. 7272, 7345 -7353,
7355 -7371, 7376 $ 15,201.92
-Payable Warrants Nos. 7385 -7443 $180,297.46
8.C. Consider approval of Minutes for the City Council Meetings
1 Special Meeting of August 3, 1988.
3. Special Meeting of August 17, 1988.
6. Adjourned Meeting of August 17, 1988.
Staff recommended approval of minutes as presented.
8.D. Review _a status report concerning the opening of Tierra
Re_jada Road. Staff recommended the report be received and
filed.
8.E. Resolution No. 88 -500. A proposed resolution extending the
cable television franchise for Ventura County Cablevision,
Inc. through December 8, 1988. Staff recommended the
proposed resolution be adopted.
Minutes of the City Council
Moorpark, California Page 8
September. 7, 1988
8.F. Consider_ authorizing __the _ closure —of __ City Offices to
accommodate relocation _activities to the new City Hall
facility. Staff recommended the City offices be closed from
Friday at 1:00 p.m. on th(- afternoon before the move, until
8:30 a.m. on Tuesday after the move.
8.G. Consider a Claim for Damages presented by Mr. James Adley.
Staff recommended the claim be denied and direct the City
Clerk to inform the claimant.
8.H. Consider a Claim for Damages presented by Ms. Rose Marie
Gonzalez._ Staff recommended the claim be denied and direct
the City Clerk to inform the claimant.
8.K. Review a report concerning_a._ Minor Modification to install
roof coverings over equipment and entry ways at DP -300
(Terminal Data Corporation. Staff recommended the report
be received and filed.
8.L. Review a report conc_ern_ing_ a Minor Modification to install a
satellite dish antenna on the roof of the existing Thrifty
building (PD -980. Staff recommended the report be received
and field.
8.M. Review a report concerning _a Minor Modification to the
loading_ dock _area and provide cross vehicle circulation to
DP -3_89 Cabot, Cabot, _and Forbes)._ Staff recommended the
report be received and filed.
8.0. Consider amending the maintenance agreement with I.B.M. for
the City's computer system. Staff recommended that the new
maintenance agreement be approved, and the Mayor authorized
to sign on behalf of the City.
8.P. Consider a maintenance agreement with Satellite Copy
Products for the C_ity's copy machine (Canon NP7550 Staff
recommended the agreement be approved and the Mayor
authorized to sign on behalf of the City.
8.R. Consider the purchase of furniture for the Star Club
Program. Staff recommended approval of the purchase.
The following items were pulled for individual consideration by
the Council:
8.C.2. Consider_ approval of Minutes_ for the Regular City
Council Meeting of August 3, 1988_
City Manager Kueny made a correction to Page 5, Item 8.J. of
the transcribed minutes to read, "Councilmember Brown advised
that she is in concurrence with the Resolution, however she
hopes they will give equal consideration to other residents
in other areas of the City experiencing the same problem."
Minutes of the City Council
Moorpark, California Page 9 September 7, 1988
MOTION: Councilmember Harper moved and Councilmember Galloway
seconded a motion to approve the Minutes for the Regular City
Council Meeting of August 3, 1988, as amended. The voice vote was
unanimous.
8.C.4. Consider approval of Minutes the Regular City
Council Meeting of August_17i 1988.
City Manager Kueny made a correction to Page 6, Item 9.A. of
the transcribed minutes to read, "...those lots numbered 25
through 40... "; and "...shall be placed at the bottom and top
of each slope."
Additionally, the City Manager asked the Council if it was
their intention to have pilasters on the rear property line
fence when the fence was part of the way up a slope.
Concensus of the Council was that they did not want to
require pilasters in those locations. As a result of this
clarification, added Agenda Item 11.W. was not addressed.
MOTION: Councilmember Harper moved and Councilmember Perez
seconded a motion to approve the Minutes for the Regular City
Council Meeting of August 1.7, 1988, as amended. The voice vote
was unanimous.
8.C.5. Consider approval of Minutes_ for the Adjourned Cit
Council Meeti$of__August 25, 1_988_
City Manager Kueny made a correction to Page 5, Item ll.H. of
the transcribed minutes to read, "Mayor Lane questioned
whether a 4 /5ths vote is required to amend a resolution
concerning this matter."
MOTION: Councilmember Brown moved and Councilmember Lane
seconded a motion to approve the Minutes for the Adjourned City
Council Meeting of August 25, 1988, as amended. The motion
carried, with Councilmember Perez abstaining.
8.I. Review an informational __report concerning the conditions
prepared for the Moorpark Country Days Event. Staff
recommended the report be received and filed.
In response to expressed concern by Mayor Lane, Lt. Mike
Brown advised that the applicant will provide a fenced area
for the sale and consumption of beer and wine. Additionally,
two uniformed security guards will be provided by the
applicant to check for legal age and to prohibit anyone from
leaving the fenced area with alcoholic beverages. Police
officers will oversee this enforcement.
Acting City Attorney Lisa Kranitz recommended that the
Council require the applicant to provide a hold harmless and
indemnification agreement for the entire event.
Minutes of the City Council.
Moorpark, California Page 10 September 7, 1988
MOTION: Councilmember Harper moved and Councilmember Galloway
seconded a motion to approve the level of participation as
outlined in the Staff Report, and upon the recommendation of the
acting City Attorney, to require the applicant to provide a hold
harmless and indemnification agreement to the City for the entire
event. The voice vote was unanimous.
8.J. Review a report concerning a_Minor Modification to amend the
loading_ dock area of DP -334 Bel Air Sheet & Tube)_ Staff
recommended the report be received and filed.
In response to concern expressed by Councilmember Galloway,
Director of Community Development Pat Richards advised that
it is his intent to approve a landscape and irrigation plan
that will adequately obscure the view of the loading areas
from Los Angeles Avenue.
MOTION: Councilmember Harper moved and Councilmember Galloway
seconded a motion to approve the Staff recommendation to receive
and file the report. The voice vote was unanimous.
8.N. Consider a request of the Planning Commission to attend the
League of California Cities' Annual Conference in San
Diego_ Staff recommended that the request be approved.
Councilmember Brown advised that she felt it was more
appropriate for the Planning Commissioners to attend the
Planning Commissioner's Institute, also sponsored by the
League of California Cities, to be held in the spring, 1989.
Discussion followed regarding the various workshops being
held at the Annual Conference and their value to Planning
Commission members. Some concern was also expressed
regarding the need for all five Planning Commissioners to
attend.
MOTION: Councilmember Brown moved and Councilmember. Galloway
seconded a motion to deny the request for the Planning Commission
to attend the League of California Cities' Annual Conference in
San Diego.
Discussion followed regarding the fact that the City had
budgeted funds for members of the Planning Commission to
attend various meetings and conferences, and that a wealth of
information can be gained from the workshops at the Annual
Conference.
MOTION AMENDMENT: Councilmember Lane moved and Councilmember
Harper seconded an amendment to the motion to authorize one member
of the Planning Commission to attend the League of California
Cities' Annual Conference. The motion carried, with
Councilmembers Brown and Galloway dissenting.
VOTE ON MAIN MOTION: The motion carried by a voice vote, with
Councilmember Harper dissenting.
Minutes of the City Council
Moorpark, California Page 11
September 7, 1988
Acting City Attorney Lisa Kranitz advised that the Motion
Amendment prevails which authorized the attendance of one
Planning Commissioner at the annual League Conference.
8.Q. Review_ a report by the,Department of _Community Development
to enter into a contract so as to provide case planning
services and the preparation of an Environmental Impact
Report regarding CPD 88 -1, RPD 88 -1,_ CPD 88 -2 and PM -4416.
Staff recommended that a contract be awarded to Impact
Sciences, Inc.
City Manager Kueny recommended that the contract with Impact
Sciences, Inc. not be entered into until deposits are
received from the applicants.
MOTION: Councilmember Galloway moved and Councilmember Harper
seconded a motion to approve the awarding of the contract to
Impact Sciences, and authorizing the City Manager to execute the
contract after deposits are received from the applicants.
9. PUBLIC HEARINGS:
9.A. Appeal No. AP -88 -10 of a Planning Commission's decision to
require the removal of an on -site and an off -site sign
(LeClub). Staff recommended that the Planning Commission
decision be upheld.
Senior Planner Mike Rubin gave an overview of the past action
by the Planning Commission, and advised that Staff
recommended upholding that action
Mayor Lane opened the public hearing.
9.A.1. Leo Henggler. (Le Club Apartments, Moorpark)
addressed the Council in protest of the Planning
Commission's action to require removal of all on -site
and off -site signs and flags. He advised that the need
to have signs is on -going because there are always
apartments to rent. Mr. Henggler advised that he would
be willing to remove all off -site signs and flags,
however the on -site sign is mandatory to his apartment
business.
Upon questioning by the Council, Mr. Henggler advised
that 20% of the apartments are leased to low income
tenants, and confirmations are processed monthly.
Director of Community Development Pat Richards advised
that reports on low- income rentals are received by the
City on an annual basis. Councilmember Brown requested
that Staff obtain these reports more often than annually.
9.A.2. Joan Wolff, Esq. (1880 Century Park East, 12th
Floor, Los Angeles 90067) representing LeClub Apartments
addressed the Council on behalf of her client asking
Minutes of the City Council
Moorpark, California Page 12
September 7, 1988
that the decision of the Planning Commission be
overturned. She referred to Civil Code Section 713
which specifically allows an agent or owner of property
for sale or lease to post a sign. She also questioned
the authority given to the Director of Community
Development to determine the size and location of the
on -site sign.
Being no further speakers, Mayor Lane closed the public
hearing.
After further discussion concerning the legal defensibility
of the Planning Commission's action, the following motion was
heard:
MOTION: Councilmember Harper moved and Councilmember Perez
seconded a motion to uphold the Planning Commission's decision to
require removal of the existing on -site sign, the off -site sign
and all flags; that a sign be permitted which will conform to
Section 713 of the California Civil Code with the size and
location to be determined and approved by the Director of
Community Development.
AT THIS POINT IN THE MEETING, the Mayor called for a reorganization of
the Agenda. It was determined to delay meeting as the Redevelopment
Agency, and to continue with the Agenda of the City Council.
10. COMMENTS FROM COUNCILMEMBERS
None.
11. DISCUSSION /ACTION ITEMS
11.U. Williams Ranch Road
Councilmember Galloway suggested the possible relocation of
the barricade to the east of Peach Slope, which may serve to
accommodate some of the residents on this street which are
against the closure of Williams Ranch Road. He suggested
that the residents on Peach Slope be polled to determine
their preference.
Councilmember Perez commented that before the Council
determined the existing placement of the barricade, it
considered all alternatives, and therefore the Council should
move forward with the installation of the permanent
structure.
In response to a question from Councilmember Harper, City
Engineer Delzeit advised that the project would not be
delayed if the Council desired to poll the residents on Peach
Slope regarding their preference for placement of the
permanent structure, and further, that no additional cost or
Minutes of the City Council
Moorpark, California Page 13
September 7, 1988
materials should be required if the barricade were relocated
to the east of Peach Slope.
By concensus, the Council determined that Councilmembers
Brown and Galloway would poll the residents on Peach Slope to
ascertain their preference for the placement of the permanent
barricade, the choices being either east or west of the Peach
Slope intersection on Williams Ranch Road; that a no -fence
alternative is not viable; and that this item be placed on
the Agenda for September 14, 1988 for action.
ll.T. Curb Cuts
Councilmember Galloway advised that residents requesting
driveways to be installed in front of block walls on side
yards of corner lots, at their own expense, have been denied
permits to do so. Regarding concerns expressed by many
residents about the number of vehicles parked on the streets,
this is one way to get vehicles off the streets, by allowing
them to park behind block walls, in back yards. He suggested
that the permits be approved as being consistent with City
goals.
In response to Councilmember Harper's question, City Engineer
Delzeit advised that he denied the requests based on his
understanding that the City did not want to proliferate curb
cuts in streets for aesthetic reasons, as well as the fact
that additional driveways eliminate available parking on the
street. Additionally, second driveways provide the potential
for vehicles to be parked on the drive itself, which would
require code enforcement to remove.
AT THIS POINT IN THE MEETING, the full Council recessed, the time being
11:02 p.m. The full Council reconvened at the hour of 11:19 p.m.
City Engineer Delzei.t requested direction from the Council
regarding the current requests, and recommended that Staff be
allowed to bring back suggested guidelines for additional
areas of the City.
Councilmember Galloway suggested that the two current
requests be granted; that other requests be taken on a
case -by -case basis until a city -wide policy is established.
Councilmember Harper expressed concern that granting the two
existing permits would constitute a violation of zoning.
MOTION: Councilmember Galloway moved and Councilmember Brown
seconded a motion to grant: the two permits being requested this
evening, and to take additional requests on a case -by -case basis
until the development of a City -wide policy.
City Manager Kueny advised that if the Council allows the two
cuts being requested, it should suspend enforcement of
Minutes of the City Council
Moorpark, California Page 14
September 7, 1988
Article 40, Section 8160 -2.4 of the Zoning Ordinance until
Staff can evaluate this issue and develop a City -wide policy.
MOTION AMENDMENT: Councilmember Galloway moved and
Councilmember Brown seconded an amendment to include that
enforcement of Zoning Code Ordinance, Article 40, Section 8160 -2.4
be suspended. The voice vote was unanimous.
VOTE ON MAIN MOTION: The voice vote was unanimous.
City Manager Kueny advised that Staff would require
approximately 90 days to complete a study and develop a
City -wide policy regarding curb -cuts.
11.V. TR 4147 Public Improvements _ - _Placement of Sidewalks
NOTE: Councilmember Perez declared a conflict of interest on
this item and stepped down from the dais. He did not participate
in the discussion or action on this item.
Mayor Lane recognized Karen Flock, who was available for
questions from the Council on this item.
Director of Community Development Richards advised that plans
for Unidos Avenue in the Villa Campesina Development call for
curb, sidewalks and three (3) feet of planter area in front
of the retaining wall. Staff is concerned with the longevity
of landscaping, and suggests that it be placed in a landscape
assessment district, or that the landscape areas be
eliminated.
In the same development on Liberty Bell Road, a three (3)
foot planter is also planned. Because of the maintenance
concern, Staff recommends that the sidewalk be adjusted so
that it is adjacent to the curb, eliminating the landscape
area.
Councilmember Brown cautioned that if the City continues to
add areas to the landscape assessment district, such as
sidewalks, medians, etc., the assessments are going to
increase considerably. She recommended that serious
attention be given to the use of low maintenance, drought
tolerant plants.
MOTION: Councilmember }carper moved and Councilmember Lane
seconded a motion to approve Staffs recommendation to: 1) place
those landscape areas along Unidos Avenue into a landscape
assessment district; and 2) eliminate the landscape areas on
Liberty Bell by adjusting the sidewalk so that it is adjacent to
the curb. The motion carried, with Councilmember Brown dissenting.
NOTE: Councilmember. Perez returned to the dais after completion
of the Council action on this .item.
Minutes of the City Council
Moorpark, California Page 15 September 7, 1988
11.A. Consider a report concerning a request by A & R Development
for re- distribution of 1987 residential permit allotments. Staff
recommended that they be directed as deemed appropriate.
In response to concern expressed by Councilmember Brown, the
City Manager advised that a minimal amount of Staff time
would be required to process the two requests during the
normal, annual allotment process.
Director of Community Development Richards concurred with the
City Manager, advising that he estimated a total Staff time
of between five and eight hours to process the two allotment
requests.
In response to Councilmember Harper's question, Acting City
Attorney Lisa Kranitz advised that the allotments would most
likely "vanish" if they are not reallocated at this time
since no provisions are made in Measure F or the implementing
resolution to carry them into the next allotment period.
Councilmember Harper expressed his desire that the allotments
"vanish" since that would partially mitigate the large number
of exemptions to the allotment process as a result of the
Urban West Settlement.
MOTION: Councilmember Harper moved and Councilmember Perez
seconded a motion to table this item and continue with
negotiations currently taking place between the City and BIA.
MOTION AMENDMENT: Councilmember Galloway moved and
Councilmember Brown seconded an amendment to direct that this item
be considered again at the next regular meeting. The voice vote
was unanimous.
VOTE ON MAIN MOTION: The voice vote was unanimous.
11.H. Consider _processing a General Plan amendment to return
previous land use designations on two properties (Latunski and
Clement). Staff recommended they be directed as deemed
appropriate.
Councilmember Galloway advised that both properties were
down - zoned, making the Latunski property nonconforming, and
suggested that both properties be pulled from the General
Plan Update and returned to their original zoning.
Councilmember Harper commented that a re- zoning of the
properties must be accomplished by a General Plan Amendment
which requires a public hearing, environmental study, etc.
Director of Community Development Richards advised that the
fee deposits for the initial study and processing for the
Latunski property would cost $1,025; and for the Clement
Property, $1,050.
Minutes of the City Council
Moorpark, California Page 16 September 7, 1988
MOTION: Councilmember Galloway moved and Councilmember Brown
seconded a motion to direct that the City initiate a General Plan
Amendment to reinstate previous zoning on both properties. The
motion carried with Councilmember Harper dissenting.
Councilmember Harper advised that his dissenting vote
reflected his concern that it is not wise to set a precedent
of Council- initiated General Plan Amendments.
11.G. Consider a request by Tom Schleve regarding his proposed 71
acre development North of Wicks Road and East of Walnut Canyon.
Staff recommended they be directed as deemed appropriate.
Mayor Lane recognized Tom Schleve who advised the Council
that his proposed project was too late to be included in the
General Plan Update process.
Council discussion included the possibility of adding this
proposed development as the 20th project in the General Plan
Update. Acting City Attorney Lisa Kranitz advised that
nothing would preclude the Council from adding it to the
process since the General Plan Update essentially evaluates
the entire City.
MOTION: Councilmember Harper moved and Councilmember Brown
seconded a motion to direct Staff to include this project in the
Request for Proposals for the General Plan Update, with the
understanding that the proponent will pay all applicable costs
associated with the application. The voice vote was unanimous.
City Manager Kueny clarified that the Latunski and Clement
properties will be removed from the RFP, and the Schleve
project will be added.
11. L. Consider a report concerning the installation of stop signs
at 15 locations within South Village (Tract Nos. 4140, 4141, and
4142. Staff recommended they be directed as deemed appropriate.
In response to the Council's question, City Engineer Dennis
Delzeit advised that stop signs are installed upon project
acceptance, and the Resolution is subsequently adopted in
order to enforce them. Currently there are some stop signs
in these tracts which have not been approved by the Council.
Lt. Brown advised that he concurs with the locations of all
the stop signs outlined in Exhibit "A" of Resolution No.
88 -501, however he advised that limit lines are missing in
several of the intersections and these need to be completed.
MOTION: Councilmember Harper moved and Councilmember Galloway
seconded a motion to adopt Resolution No. 88 -501 approving the
location of additional stop signs at various locations within the
South Village (Tracts 4140, 4141, and 4142). The voice vote was
unanimous.
Minutes of the City Council
Moorpark, California Page 17 September 7, 1988
11. Q. Consider a request for clarifications and modifications to
certain conditions of annroval for Planned Development Permit No.
PD -1064 (Toga Management Partnership). Staff recommended that
the Council approve only certain items requested and defer
consideration of remaining items to an uncertain date.
Director of Community Development Richards advised that Topa
Management Company is requesting clarifications and
modifications to the conditions which the Council set for
Planned Development Permit No. PD -1064. Of the eight items
which the Council has been requested to consider, Staff is
prepared to make recommendations only on the last four items
as follows: No. 5 - Allow the undergrounding of utilities to
be completed prior to occupancy and not prior to zone
clearance; No. 6 - Allow metal trim to be placed around
windows and doors rather than wood; No. 7 - Allow
modifications to the fountain; and 8 - Deny request to allow
items (such as landscape plan, tree report, exterior lighting
plan, grading plan, soils report, street improvement plans,
erosion control plan, etc.) to be approved after the zoning
clearance.
In response to questioning from Council, Director of
Community Development advised that Staff would probably be
prepared to make a recommendation on the other four items at
the regular Council Meeting on September 21, 1988.
MOTION: Councilmember Galloway moved and Councilmember Brown
seconded a motion to approve Items 5, 6, and 7; and that Item 8 be
approved subject to receipt of a hold harmless agreement.
City Manager Kueny cautioned the Council to consider denying
Item No. 8.
Councilmember Harper expressed concern with the liability of
the City if it allows the project to proceed into plan check
without first meeting all requirements for a zone clearance.
Acting City Attorney Lisa Kranitz recommended that in
addition to requiring a hold harmless agreement, that the
following language be inserted as a condition: "In no way
would any costs expended give the applicant a vested right to
proceed with the project."
MOTION AMENDMENT: Councilmember Harper moved and Councilmember
Lane seconded an amendment to adopt the Staff recommendation to
approve Items 5, 6 and 7; and to deny Item 8. The motion carried,
with Councilmembers Brown and Galloway dissenting.
CLARIFICATION ON ORIGINAL MOTION: As agreed by the maker and
second of the motion, the original motion was clarified to state
that approval of Item 8 included, in addition to a hold harmless
agreement, the language recommended by the Acting City Attorney.
Minutes of the City Council
Moorpark, California Page 18
September 7, 1988
VOTE ON ORIGINAL MOTION AS CLARIFIED: The motion failed with
Councilmembers Brown and Galloway voting aye; and Councilmembers
Harper, Lane and Perez dissenting.
MOTION: Councilmember Harper moved and Councilmember Perez
seconded a motion to adopt the Staff recommendation to approve
Items 5, 6 and 7; and to deny Item 8. The motion carried, with
Councilmember Brown dissenting.
11. J. Consider the City's position regarding VCAG's proposed
Action on the Regional Mobility Plan. Staff recommended that the
Council determine the City's policy direction.
By concensus, the Council determined to support Strategies
No. 2 and 3 as outlined in the memorandum distributed to the
Council by Mayor Pro Tem Brown.
AT THIS POINT IN THE MEETING, the following motion was heard:
MOTION: Councilmember Brown moved and Councilmember Galloway
seconded a motion to adjourn the Council Meeting and reconvene the
Redevelopment Agency. The voice vote was unanimous.
MOTION: Agency Member Galloway moved and Agency Member Harper
seconded a motion to continue the meeting of the Redevelopment
Agency to 7:00 p.m., September. 14, 1988. The voice vote was
unanimous.
MOTION: Councilmember Galloway moved and Councilmember Perez
seconded a motion to reconvene as the City Council. The voice
vote was unanimous.
13. FUTURE AGENDA ITEMS:
A. Request from dentist to practice in residence.
B. Noise Ordinance for City.
C. Campus Park Drive landscape.
14. CLOSED SESSION:
MOTION: Councilmember Harper moved and Councilmember Galloway
seconded a motion to go into Closed Session under items: 14.A. -
Personnel and 14.F. - Potential litigation pursuant to Government
Code Section 54956.9(c). The voice vote was unanimous. The time
of adjournment to Closed Session was 12:53 a.m. All
Councilmembers plus Steven Kueny, City Manager and Lisa Kranitz,
Acting City Attorney were present for the Closed Session.
The full Council reconvened into Open Session at the hour of 1:17
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 19 September 7, 1988
15. MOTION: Councilmember Brown moved and Councilmember Harper
seconded a motion to adjourn the meeting at the hour of 1:18 a.m.
until 6:00 p.m. on September 14, 1988. The voice vote was
unanimous.
ATTEST:
Maureen W. Wall, City Clerk
min.7sept88
�' C741�
J n Patrick Lane, Mayor