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HomeMy WebLinkAboutMIN 1988 0914 CC ADJMINUTES OF THE CITY COUNCIL Moorpark California _ _ September 14, 1988 The adjourned meeting of the City Council of the City of Moorpark, California was held on September 14, 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 6:17 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, Attorney. 14. CLOSED SESSION: A. Personnel. City Manager; and Cheryl Kane, City B. Personnel _ discussion pursuant to Government Code Section C. Li ti Kati on concerni nn __Boethi ng versus_ the Ci ty__of Moorpark. D. Litigation concerning__ the City of Moorpark _versus Boeth_ing. E. Potential litigation to Government Code Section_ 54956.9.(b)(11. ___pursuant F. Potential litigation _pursuant to _- Government Code Section G. Litigation concerning, A -C Construction versus the City of Moorpark. H. Litii ation concerning B.I_.A. versus the Cif of Moorpark. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to go into Closed Session to discuss those Minutes of the City Council Moorpark, California 2 September 14, 1988 items listed. The voice vote was unanimous. The time was 6:18 p.m. At 6:59 p.m. Council reconvened in Open Session. Steven Kueny, City Manager, stated that only Items 14.A., 14.F., 14.G., and 14.H. were discussed, and there was no action to report. AT THIS POINT IN THE MEETING, the Council recessed, the time being 7:08 p.m. 1. CALL TO ORDER: The meeting was reconvened at 7:13 p.m. by Mayor John Patrick 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 Patrick Lane. Steven Kueny, City Manager; Cheryl Kane, City Attorney; Patrick Richards, Director of Community Development; Lt. Michael Brown, Sheriff's Department; John Knipe, Assistant 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 Perez seconded a motion to add an item to the agenda concerning a Special Use Permit for the Moose Club for Country Days, since the need to take action arose subsequent to the posting of the agenda. The voice vote was unanimous, and the matter became Item 11.V. on the agenda. 6. PUBLIC COMMENTS: A. Mr. Ron Tankersley, 2800 28th Street, Santa Monica, representing Carlsberg, stated he was available to answer any questions Council might have concerning Item 11.0. on the agenda. B. Mr. Alex R. Sharki, 434 Ruth Avenue, stated there was still an overcrowding problem, and people were still urinating in public in the downtown area. C. Mr. Jim Hartley, 5950 Gabbert Road, asked the City Council to either reallocate or add extra allotments back into the allotment process. He was supportive of affordable housing, and lastly stated he felt Carlsberg should pay their own way for the development of their project. Minutes of the City Council Moorpark, California _ _ 3 Seatember 14, 1988 D. Mr. Mike Upton, 4202 Granadilla Drive, asked the City Council to allow him to deliver a petition stating the signer's support for the placement of a barricade at the Edison easement on Williams Ranch Road. E. Mr. Paul Lawrason, 4291 Ambermeadow Street, asked the Council to move forward to close William Ranch Road with a barricade at the Southern California Edison Easement; asked the Council to consider using proceeds of taxes funds for traffic mitigation measures; asked the Council to move ahead with permanent truck scales in the City limits; and asked the Council to consider resident's concerns regarding the proposed Carlsberg project. F. Mr. John Muller, 330 North Wood Road, #D, Camarillo, architect for Bank of A. Levy, stated the bank had originally asked for an open lobby but the City Council had asked for a fully enclosed structure. They bank would prefer to keep the lobby open with the use of a trellis and screening, rather than an enclosed room. He asked the Council to reconsider their previous decision. G. Mr. Thomas Ferguson, 13931 Los Angeles Avenue, representing the Moose Lodge, asked the Council to approve their request for a permit to have a horseshoe event during the Country Days event. H. Ms. Karen Flock, 11011 Azahar, Saticoy, representing Cabrillo Economic Development, stated she was available to answer any questions the Council might have concerning affordable housing, and volunteered to work with them for more affordable housing in the City. I. Mrs. Teresa A. Cortes, 1095 Walnut Canyon Road, reported the Villa Campesina project is ready to begin construction the first part of October. She offered to work for more affordable housing for Moorpark in the future. Lt. Michael Brown, Sheriff's Department, reported the Police Department is continuing additional patrols in the downtown area. Councilmember Harper and Perez commented the Council had taken action previously to work on the downtown area, and will continue their efforts to do so. Councilmember Galloway felt the City may need to speak with state and federal agencies who might also help alleviate the City's concerns in the targeted area. 7. COMMITTEE REPORTS: Councilmember Brown reported she had attend a VCAG and a Moorpark Unified School District Board Meeting. 8. CONSENT CALENDAR: No items were presented. Minutes of the City Council Moorpark, California _ _ 4 September 14, 1988 9. PUBLIC HEARINGS: No public hearings were held. 10. COMMENTS FROM COUNCILMEMBERS: Councilmember Brown felt the limit line placement at Peach Hill Road and Tierra Rejada Road was working well. Councilmember Perez announced that Teresa Cortes would be receiving an award from the County Commission of Women for her work in the community. He also thanked Vicki McGowen for her efforts on the Labor Day Family Picnic. 11. DISCUSSION /ACTION ITEMS: BY CONSENSUS OF COUNCIL, Items 11.U. and 11.V. were heard here. U. Implement final action on the closure of Williams Ranch Road. Staff recommended Council direct staff as deemed appropriate. Councilmember Brown reported their survey indicated the barricade should remain where it is. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to leave the barricade where it is, with the bikeway and sidewalk to be unobstructed. Councilmember Galloway commented it seemed the residents in the area wanted a permanent cul -de -sac. AMENDMENT TO THE MOT_IO_N: Councilmember Harper moved and Councilmember Perez seconded a motion to direct the City Attorney to prepare the necessary resolution to authorize the creation of a permanent cul -de -sac prior to adjournment of this meeting. The voice vote was unanimous. The main motion, as amended, was approved by a unanimous voice vote. The City Attorney reported she would be presenting the Council with the necessary resolution prior to adjournment. V. Consider a request for Special Use Perm_i_t___ for__a___ Horseshoe_ Contest during Country Days. Steven Kueny, City Manager, outlined the zoning conflict with the Moose Lodge's request for a Special Use Permit. He further listed conditions which would be required by the City for such a permit which included a $90 fee, and a 300 person limit for the event. Mr. Ferguson, representing the Moose Lodge, agreed to all conditions except the $90 fee and the occupancy limit. Lt. Michael Brown asked Council to add a condition that alcohol could not be sold at the event after 6:30 p.m., and to limit the Minutes of the City Council Moorpark,_Cal i forni a _ ___. _______ .._ 5 September 14, 1988 number of people to 300. Mr. Ferguson agreed to both conditions. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to waive the $90 fee, and to impose those conditions recommended by staff and agreed to by the Moose Lodge. The voice vote was unanimous. A. Consider a report concern_i_ng_a request by A & R Development for re- distribution of 1987 residential permit allotment. Staff recommended Council direct staff as deemed appropriate. No additional staff report was given. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to take no action on this request. The voice vote was unanimous. B. Consider a draft tree preservation ordinance. Staff recommended Council direct staff as deemed appropriate. Councilmember Harper suggested a list of approved appraisers be kept by the City with language added to the ordinance indicating that such a list was maintained. Councilmember Galloway indicated that if someone wanted to remove a tree, the City should allow that person to do so, unless there was some very good reason why the tree should not be removed. Patrick Richards, Director of Community Development, suggested that development projects and residential (or non - development projects) might be handled with two different processes. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to direct staff to finalize the draft Ordinance on Maintenance of Trees and bring it back for first reading and introduction at a future meeting. The voice vote was unanimous. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to direct staff to amend the Resolution on Guidelines for the Master Tree Program and bring the final resolution back to the Council for, approval. The voice vote was unanimous. Cheryl Kane, City Attorney, remarked two ordinances will be brought back for Council's consideration. One ordinance covers historical trees, oaks and mature oaks, and the other ordinance covers the preservation and maintenance of trees, shrubs and plants. Additionally, a resolution will be presented for approval which imposes the fee to be imposed for tree and landscape maintenance. All three documents would be reviewed to ensure consistency, and minor title changes would be made to clearly reflect the subject matter. D. Consider draft standards concerning __development within the City'-s hillside areas. Staff recommended Council direct staff Minutes of the City Council Moorpark, California 6 September 14, 1988 to continue work with the Council's ad hoc committee or set this matter for public hearing. Mayor Lane felt the City Council might want to refer this to the Planning Commission for public hearings on the matter. Councilmember Harper was concerned that 30 feet was too high a maximum for a manufactured slope. Councilmember Galloway commented the topography of a slope should be considered along with the project being proposed. He felt some projects might appear attractive with a variance in height and density within a project. Councilmember Brown was concerned how the "proportionate share of the total developable land" would be determined if a large parcel of land were split. Councilmember Harper thought perhaps "proportionate share" could be used as a target with some flexibility provided. Councilmember Harper commented that irrigation devices and drainage structures in landscaped areas should be hidden when new slopes are created. Councilmember Galloway felt that flat land as well as hillsides should be preserved as Open Space and indicated as such under Viewshed Development Standards. Councilmember Brown expressed her objection to the requirement that living areas of dwelling units being oriented toward natural view areas, open vistas or landscaped areas. She felt this should be a privilege of the homeowner. MOTION: Mayor Lane moved and Councilmember Perez seconded a motion to send the draft Hillside Performance Standards to the Planning Commission with instruction to obtain public comments through the public hearing process, and then to return the document to the Council with their recommendations in late October. The voice vote was unanimous. AT THIS POINT IN THE MEETING, the Council recessed. The time was 8:50 p.m. At 9:13 p.m. the full Council reconvened. E. Consider a recommendation for an affordable housing progra il m. Staff recommended Counc direct staff as deemed appropriate. Councilmember Perez outlined the five proposed actions the City might take as recommended by the affordable housing ad hoc committee. By consensus of Council, the City Attorney was directed to explore options available to generate revenue for affordable housing on the legality of exactions from new construction of commercial, industrial, and residential developments; and to prepare an Article 34 ballot measure to approve a new area housing authority development in Moorpark, so that it might be placed on the next available ballot. These two items were recommended by the ad hoc committee and identified as actions one and two. Minutes of the City Council Moorpark, California _ 7 September 14, 1988 Action number three was to direct staff to look into the benefit of a needs assessment survey specific to Moorpark, and to determine what information would be needed and the cost of such a survey. Councilmember Brown commented she would rather see the money for such a survey spent on affordable housing rather than on a needs assessment study. Patrick Richards commented a needs assessment survey might be provided by other groups at little or no cost to the city. Staff was so directed to proceed by consensus of Council. By consensus Council approved proposed action number four which suggested the Council might establish an ad hoc steering committee to study available mechanisms and programs, and formulate an affordable housing program for Council's consideration. Councilmembers Harper and Perez volunteered to serve on such a committee. They planned to attend Simi Valley's affordable housing steering committee meetings to see how their process worked. The steering committee will begin to meet as soon as committee members are determined, and staff can arrange a meeting. Action number five, which suggested an education and information program be developed to generate support through the residential, business, and development community, was approved by consensus of Council. Councilmember Perez thanked the Council for moving ahead on this important matter. AT THIS POINT IN THE MEETING, THE FOLLOWING MOTION WAS HEARD. MOTION: Councilmember Harper moved and Councilmember Galloway seconded a motion to recess the City Council meeting, and to meet as the Redevelopment Agency of the City of Moorpark. The voice vote was unanimous. The time was 10:37 p.m. THE REDEVELOPMENT AGENCY RECESSED at 11:13 p.m. and reconvened as the City Council at 11:25 p.m. All Councilmembers were present. AT THIS POINT IN THE MEETING, Council continued with the following item. U. Implement final action on the closure of Williams Ranch Road. City Attorney, Cheryl Kane, presented a resolution closing and barricading William Ranch Road at the intersection with the Southern California Edison Easement to the Council for their consideration. The following motion was heard. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to approve Resolution No. 88 -502, a resolution closing and barricading William Ranch Road at the intersection with the Southern California Edison Easement. The voice vote was unanimous. Minutes of the City Council Moorpark, California 8 BY CONSENSUS OF COUNCIL, Item 11.I. was heard next. tember 14, 1988 I. Consider a request from the Bank of A. Levy concerning the patio enclosure at their Moorpark Office Staff recommended Council take no action on the request. Councilmember Harper commented he would like to see the room enclosed, but felt the bank was not willing to construct the room as conditioned by the Council. MOTION: Councilmember Harper moved and Councilmember Galloway seconded a motion to authorize Councilmember Brown to meet with the architect to discuss a possible compromise for a more cost effective design. The voice vote was unanimous. K. Consider approval of an alignment for the access road to the community park site. Staff recommended Council approve the proposed alignment Steven Kueny gave a verbal presentation. He recommended Council approve the alignment of the park road as depicted in the exhibit dated August 24, 1988 subject to any modification as a result of the Corps of Engineers' requirements for Arroyo Simi Channel widening, and that Council add maintenance of the area between the park road and the planned Tierra Rejada Road streetscape improvements to a landscape maintenance district. MOTION: Councilmember Harper moved and Councilmember Galloway seconded a motion to approve the alignment of the park road as depicted in the exhibit dated August 24, 1988 subject to any modifications as a result of the Corps of Engineers' requirements for Arroyo Simi Channel widening, with Moorpark Unified School District to maintain their own land as depicted as Parcel 1, Improved, on the Site Plan provided in the staff report dated September 2, 1988. The voice vote was unanimous. BY CONSENSUS OF COUNCIL, Item 11.0. was heard next. 0. Review of a draft Request for Prop osal (RFP )_regarding a request for a Specific Plan Carlsberg). Staff recommended Council approve the RFP as presented and create an ad hoc committee to evaluate the proposals. Patrick Richards gave an overview of this item. The Council amended the draft to add reference to "Industrial" designations to the review of proposed land use relative to the mixed use "Business Park" and adjacent "Commercial" designations and the development of at least two alternative land use plans for the subject sites. The RFP indicated a four acre dedication site for the city's use for either a civic office complex or housing for seniors, and /or other appropriate public use was to be located and considered. Council increased the size to ten acres, and added this area might also be used for affordable housing. Consideration of the addition of an active park site Minutes of the City Council Moorpark, California _ 9 September 141 1988 area was amended to consider the adequacy of park sites. The Land Use Plan of the Specific Plan Document was to also give special attention to the trends and needs for more commercial and industrial land use in the city or region. Councilmember Harper felt a Town Hall Meeting should be a part of the process. Councilmember Brown agreed. Councilmember Harper was opposed to the applicant being a part of the RFP Selection Committee. Councilmember Galloway agreed. MOTION: Councilmember Harper moved and Councilmember Galloway seconded a motion to approve the RFP as modified and appoint an ad hoc committee composed of two Councilmembers, the City Manager and the Director of Community Development to act as the RFP Selection Committee. AMENDMENT TO THE MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to also allow a representative of the applicant to sit on the ad hoc RFP Selection Committee. The motion failed with Councilmembers Galloway, Perez, Harper and Mayor Lane voting no. Four additional meetings were added to the RFP document, including a Town Hall Meeting. The main motion was approved by a unanimous voice vote. The final RFP was to be brought back to the Council for review by consensus of Council. Councilmembers Brown and Harper volunteered to serve on the ad hoc RFP Selection Committee. AT THIS POINT IN THE MEETING, Council heard Item 11.F. F. Consider the establishment_ of an i_ntra -city bus service. Staff recommended Council direct staff as deemed appropriate. Councilmember Brown gave an overview of her conversation with a bus service company from Antelope Valley. The costs would be lower, and the hours of service longer, than the proposal previously reviewed by the City. An agreement would allow a 30 -day cancellation notice with service provided for a minimum of three months, but she recommended at least a six month trial period. The costs were estimated to be $22,000 for six months. Although Council expressed some concerns as to who would use the service, they agreed to consider the service for a one year trial period. Councilmember Brown offered to work with the City Manager to bring back a formal proposal from the bus service. Excess proceeds of taxes (Gann) were identified as a possible revenue source. M. Consider a modification to _existing parking restrictions on Mountain Trail Street _i_n the_vcinity_o_f_ North Meadows Park. Staff recommended Council direct staff as deemed appropriate. This item was continued to September 21, 1988. Minutes of the City Council Moorpark, California _ _ 10 — September 14, 1988 N. Consider a request from Ca_1Trans_ to modify a right turn only lane for westbound traffic at Los Angeles Avenue (Highway 118) at Spring Road /High Street to an optional straight /right turn lane. Staff recommended Council direct staff as deemed appropriate. This item was continued to September 21, 1988. P. Consider possible uses of the excess proceeds of taxes (P.O.T.). Staff recommended Council direct staff as deemed appropriate. This item was continued to September 21, 1988. R. Consider activities for the Grand_ Opening of the new City Hall. Staff recommended Council direct staff as deemed appropriate. This item was continued to September 21, 1988. S. Consider possible city actions concerning the proposed truck scales on Highway 118. Staff recommended Council direct staff to proceed. This item was continued to September 21, 1988. 12. ORDINANCES: No ordinances were presented for approval. 13. FUTURE AGENDA ITEMS: The Council directed that the Redevelopment Agency hold a meeting on October 5, 1988. 14. CLOSED SESSION: A. Personnel. B. Personnel discussion __pursuant to Government Code Section 54957.6. C. Litigation concerning Boething versus the_City of Moorpark. D. Litigation concerning the City of Moorpark versus Boethinq. E. Potential litigation pursuant to Government Code Section 54956.9(b)(1). F. Potential litigation -_ pursuant to Government Code Section 59456.9(c). G. Litigation concerning A -C Construction_ versus the-__ Cif of Moorpark. - - - - -- — - - -- - -- - -- H. Litigation concerning B.I.A. versus the Cif of Moorpark. Minutes of the City Council Moorpark, California 11 September 14, 1988 Closed Session items were not discussed at this time in the meeting. 15. ADJOURNMENT: MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to adjourn the meeting to 6:00 p.m. on September 21, 1988 at which time Council would discuss Closed Session items, with Open Session discussions to begin at 7:00 p.m. The voice vote was unanimous. The time of adjournment was 1:25 a.m. i Mayor ATTEST: