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: