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HomeMy WebLinkAboutMIN 1988 1116 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California November 16, 1988 The Regular Meeting of the City Council of the City of Moorpark, California was held on November 16, 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 the hour of 7:10 p.m. by Mayor John Lane. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Brown. 3. ROLL CALL Present: Councilmembers Eloise Brown, Clint Harper, Bernardo Perez and Mayor John Lane. Absent: Councilmember John Galloway Present: Steven Kueny, City Manager; Cheryl Kane, City Attorney; Pat Richards, Director of Community Development; Philip Newhouse, Director of Community Services; Richard Hare, Deputy City Manager; Dennis Delzeit, City Engineer; Sgt. Kathy Kemp, Sheriff's Department; Maureen Wall, City Clerk; and Sally Coons, Executive Secretary. 4. PROCLAMATIONS, COMMENDATIONS_,-AND SPECIAL PRESENTATIONS There were no proclamations, commendations or special presentations. 5. REORDERING OF, AND ADDITIONS_TO,_THE AGENDA MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to reconsider the Council's November 2, 1988 action concerning an appeal of the County Planning Commission's approval of a permit exception for Blue Star, and to add it as Agenda Item 11.E. The voice vote was unanimous, with Councilmember Galloway absent. 6. PUBLIC COMMENTS 6.A. Phil Vein (6685 Princeton, Moorpark.) representing A & R Development, advised that he was present in order to answer any questions the Council may have on Consent Calendar Item 8.F. Minutes of the City Council Moorpark, California Page 2 7. COMMITTEE REPORTS November 16, 1988 Councilmember Brown advised that she and Councilmember Harper met with representatives of the Moorpark Unified School District on November 7 regarding negotiations for the Casey Road School Site. Mayor John Lane gave a "State of the City" address, enumerating the many accomplishments of the Council during the last two years, and commending Staff for its hard work in completing the goals set forth by the Council. The Council suspended rules and recognized Mr. Tom Thompson (12623 Hillside Drive, Moorpark) representing the Mountain Meadows Neighborhood Council. Mr. Thompson congratulated the Council on its many achievements, and presented Mayor John Lane with a plaque in appreciation of his service to the community. Mayor Lane graciously accepted the plaque on behalf of the entire Council and Staff. 8. CONSENT CALENDAR MOTION: Upon motion by Councilmember Brown, seconded by Councilmember Perez, the following items were approved by a unanimous roll call vote, with Councilmember Galloway absent: 8.B. Consider approval of the Minutes for the Regular Meeting of October 19, 1988. Staff recommended the minutes be approved as presented. 8.C. Consider a report regarding a staff request to extend the current temporary contract for landscape plan review and compliance inspections until a permanent contract has been approved. Staff recommended an extension, not to exceed $5,000, be approved. 8.D. Consider the purchase_ of specific equipment for the Senior Citizens Center under 'a one time only_purchase program. Staff recommended an appropriation be authorized for the City's portion of the purchase of the equipment. 8.E. Consider a Minor Modification to install a second story addition over an existing garage._ Staff recommended the report be received and filed. 8.F. Consider the acceptance of improvements and the exoneration of bonds for Tracts 4170. and 3070 -5 (U.S. Condo). Staff recommended the Council accept the improvements, include all streets in the City's street system and authorize the City Clerk to exonerate specific bonds. 8.G. Consider the deferment of a small section of road on the south side of PD -1065 (Velazquez). Staff recommended the report be received and filed. Minutes of the City Council Moorpark, California Page 3 November 16, 1988 8.I. Consider an informational report concerning the placement of a "No Turn on Red" sign on the signal pole at the intersection of Highway 118 and High Street. Staff recommended the report be received and filed. 8.K. Consider a Christmas decorations program presented by the Chamber of Commerce. Staff recommended the report be received and filed. The following items were pulled for individual consideration by the Council: 8.A. Approval of Warrant Register_ - CDBG - Payable Warrant No. 131 $ 45,000.00 Approval of Warrant Register - 1987/88 - Payable Warrants Nos. 7780 - 7782 $ 7,823.84 Approval of Warrant Register_- 1988/89 - Prepaid Warrants Nos. 7679, 7717, 7759 - 7777 $ 65,650.41 - Payable Warrants Nos. 7783 - 7832 $141,650.91 Mayor Lane questioned the purpose of several warrants payable to Burke, Williams & Sorenson and Willdan Associates. It was determined to continue this item until Staff could address his concerns. 8.H. Consider accepting the T complete and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. recommended that the project be accepted and the City authorized to file the notice of completion. Staff Clerk Councilmember Harper advised that he was concerned about a safety issue involving the slope on the northwest side of the Tierra Rejada Bridge. He advised there was no fencing, insulation or barrier between the slope and sidewalk. The Council concurred to direct City Engineer Dennis Delzeit to review the existing situation and report back to the Council, with a cost estimate to install some type of barrier. 8.J. Resolution No. 88 -520. A proposed resolution setting forth Guidelines for a Master Tree Plan_._ Staff recommended the proposed resolution be approved. This item was pulled for consideration later in the meeting so the Council can have an opportunity to review a letter dated November 16, 1988 from Urban West Community recommending additions to the approved tree list. 9. PUBLIC HEARINGS Minutes of the City Council Moorpark, California Page 4 November 16, 1988 9.A. Consider the approval of a resolution finding and declaring certain private roads in Tracts 3963 -2 and 3963 -3 (Griffin Homes) subject to California Vehicle Code Section 21107.5. Staff recommended that Resolution No. 88 -521 be approved, which makes this finding. City Engineer Dennis Delzeit advised the Council that the general public is using private sections of streets within Tracts 3963 -2 and 3963 -3 (Griffin). Because the City has not accepted the street improvements into the City's street system, the California Vehicle Code cannot be enforced. He recommended that the Council adopt Resolution No. 88 -521 permitting the provisions of the California Vehicle Code to apply to private streets within Tracts 3963 -2 and 3963 -3 (Griffin Homes). The Mayor Lane opened the Public Hearing. Being no persons present desiring to speak to this item, Mayor Lane closed the Public Hearing. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to adopt Resolution No. 88 -521. The voice vote was unanimous, with Councilmember Galloway absent. 9.B. Resolution No. 88 -522. al of resolution and procedures_ for implementin Measure F. and approval of proposed Ordinance _ No. 103 amending Measure F. Staff recommended that the resolution be approved, and Ordinance No. 103 be adopted. City Manager Kueny advised that the Negative Declaration had been inadvertently omitted from the Council's packet. He recommended that consideration of this item be postponed until later in the meeting, after the Council had an opportunity to review the Negative Declaration. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to consider Agenda Item 10 prior to this item. The voice vote was unanimous, with Councilmember Galloway absent. 10. COMMENTS FROM COUNCILMEMBERS Councilmember Perez suggested that the City address a letter to the California Highway Patrol bringing to their attention the need for a truck scale in Moorpark to reduce the number of unsafe trucks passing through the City. City Manager Kueny concurred with Councilmember Perez, advising that additionally, the California Highway Patrol should be contacted because they will need authorizing legislation to man the truck scales once they are in place. City Manager Kueny advised that he will prepare a letter for the Mayor's signature supporting the efforts of the Highway Patrol in establishing check stations, but Minutes of the City Council Moorpark, California Page 5 November 16, 1988 also requesting their support in getting a permanent truck scale facility established as soon as possible. Councilmember Brown advised that she attended a meeting of the County Planning Commission where housing for agricultural workers was discussed. She recommended that the City address a letter to the Planning Commission encouraging housing for transient workers on the property where they are working. Councilmember Harper concurred, however requested that the letter also include that the housing should meet all health and safety standards. The Staff was directed to draft correspondence to the County Planning Commission incorporating the Council's comments. 10.A. Consider an appointment to the new arts commission advisory panel established_b�r the County of Ventura Board of Supervisors Councilmember Harper suggested that Councilmember Galloway be asked to represent the City on the Arts Commission Advisory Panel since he has been actively involved in developing the City's Art in Public Places program and closely monitors the activities of the County Arts Commission. The Council concurred with the suggestion and directed that action on this item be postponed until Councilmember Galloway has an opportunity to respond to the Council's request. 11. DISCUSSION /ACTION ITEMS 11. A. Consider the proposed purchase of a water flow monitoring device for use by the Flood Control District in the Arroyo Simi. Staff recommended that the purchase of the water flow monitoring device be authorized. City Manager Kueny advised that as a result of a recent meeting between Jerry Nowak of the County Flood Control District and Mayor Pro Tem Brown, the County is interested in working with the City to install a monitoring device to measure flows in the Arroyo. City Manager recommended that the Council work with the Flood Control District for the installation of two meters, one upstream of the east City limits, and the second downstream of the Peach Hill drain. Estimated cost of the two flow devices is between $6,800 and $7,000. Installation and maintenance of the devices would be at the County's expense. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to appropriate $7,000 from the General Fund Reserve for the purchase of two flow monitoring devices (01- 117 -906), contingent upon an agreement with the Flood Control District obligating the District to install and maintain the devices at locations generally east and west of the City limits; to direct Mayor Pro Tem Brown and City Manager to work with the Flood Control District to develop the agreement and monitoring program; and to authorize the City Manager to sign the agreement on behalf of the City. The motion carried by a unanimous roll call vote, with Councilmember Galloway absent. Minutes of the City Council Moorpark, California Page 6 11. B. November 16, 1988 Consider a request and a report regarding the creation of an open space buffer between Tract No. 4341 (UWC - West Village) and the adjacent community _of Home Acres. Staff recommended they be directed as deemed appropriate. City Manager Kueny advised that the Council conditioned Tract No. 4341 to create an open space buffer between the Tract and the adjacent established community of Home Acres. The condition further stated that prior to January 31, 1989, a mechanism was to be established so as to allow an equal sharing of the cost for improvements and ongoing maintenance of the open space buffer between the City and residents of Home Acres. City Manager further advised that a draft Joint Powers Agreement was delivered to City Hall this morning for distribution to the Councilmembers. He advised that Mr. Marcus Weiss (Home Acres Neighborhood Council) was present and the Council may desire that he be allowed to address them concerning this matter. Mayor Lane advised that Councilmembers Harper and Perez were an appointed Sub - Committee to work on an agreement between the City and County, and were directed to specify the major ingredients to such a Joint Powers Agreement (JPA). They did not participate in the writing of the JPA received by the Council this date, and therefore were not prepared to make a recommendation for its approval, although they support the concept of a JPA. The Council suspended its rules and (Home Acres Neighborhood Council). JPA because it would be a workable County areas to share in the maintenance of the open space arei members of Home Acres were willing of the Sub - Committee. recognized Mr. Marcus Weiss Mr. Weiss recommended the mechanism for the City and cost of improvement and i. He advised that he and to meet at the convenience Mayor Pro Tem Brown questioned the City's cost to create and maintain the JPA, and how the funding will be provided. She further stated that the City should not be required to front the money. By concensus of the Council, this item was continued until the Sub - Committee of the Council can meet with the representatives of the Home Acres Neighborhood Council to formulate a plan. 11.C. Further consideration of screening of the proposed water booster_ pump station in Tract _2865. Staff recommended they be directed as deemed appropriate. City Manager Kueny advised that Waterworks District No. 1 (District) does not plan to install the pump station with the slumpstone wall, as requested by the City. Because of the District's stance on this issue, City Manager advised that the Minutes of the City Council Moorpark, California Page 7 November 16, 1988 Council may desire to reconsider the use of wood fencing in lieu of the slumpstone for screening. The Council suspended its rules and invited John Newton (representative to the Waterworks District No. 1 Advisory Committee) to address the Council. Mr. Newton advised that the pump station, while planned to be only temporary, may in fact become quite permanent. He advised that it was his opinion the City's requirement to provide a slumpstone wall to screen the pump station was a reasonable request. Mr. Newton advised that he would take the City's request to the Advisory Committee of Waterworks District No. 1. Councilmember Harper requested that Mr. Newton also request the Committee to consider making a recommendation to the District to change its regulations with respect to its policy of not screening its facilities. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to continue action on this item until Mr. Newton has an opportunity to meet with the Waterworks District No. 1 Advisory Committee, and to report back to the Council. With the concurrence of the Council, Mayor Lane brought up Item 8.J. for consideration. 8.J. Resolution No. 88 -520. A proposed resolution setting forth Guidelines for a Master_ Tree Plan. Staff recommended the resolution be approved. MOTION: Councilmember Perez moved and Councilmember Lane seconded a motion to approved Resolution No. 88 -520. The voice vote was unanimous, with Councilmember Galloway absent. 11.D. Consider the adoption of a Master Tree Planting List. Staff recommended the list be adopted. City Manager Kueny recommended that no action be taken on this item until the recommendations submitted by Urban West Community can be considered. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to continue this item until Staff can determine if the recommendations from Urban West Community are appropriate for inclusion in the Master Tree Planting List. 11.E. Blue Star Permit Extension. Councilmember Brown advised that the County Planning Commission approved the Blue Star Permit Exception with several conditions, including: 1) Use of Walnut Canyon be the mandatory route; 2) Monitoring of truck trips will be paid by the applicant; and 3) Violations of permit conditions will result in a fine of $10,000. Minutes of the City Council Moorpark, California Page 8 November 16, 1988 In response to Mayor Lane, Director of Community Development Pat Richards advised that approximately five persons spoke at the hearing regarding Blue Star's violation of the number of truck trips. Mr. Richards advised, however, that several of these persons were also representing neighbors who could not attend the hearing. Mayor Lane advised that the City should understand that emergencies can result in additional truck trips. He further pointed out the adverse impact of delaying the Highway 101 project during the appeal process. In response Councilmember Harper, Mr. Richards advised that the County will do the monitoring. Councilmember Harper recommended that if the appeal is withdrawn, that the City be involved with the monitoring process in order to assure that Blue Star remains in compliance with all conditions. The suspended rules and recognized Blue Star's consultant, John Newton, who advised the Council they would not object to monitoring by City Staff at Blue Star's expense. MOTION: Councilmember Harper moved that Staff be directed to withdraw the appeal subject to coming to a mutual understanding with the County regarding the City's participation in compliance monitoring. Councilmember Brown seconded the motion and added that Staff also be directed to send a letter to Caltrans informing them that the Highway 101 project has had an impact on Moorpark and it's essential that the project stay on schedule. The maker of the motion consented to this modification to the motion. The voice vote was unanimous, with Councilmember Galloway absent. 12. ORDINANCES 12.A. Ordinance No. 101. Aproposed ordinance relating to the preservation of historic trees city -wide. Staff recommended the proposed ordinance be approved for second reading and adoption. City Attorney Kane read the Ordinance in title only. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to read the ordinance in title only. The voice vote was unanimous, with Councilmember Galloway absent. MOTION: Councilmember Harper moved and Councilmember Lane seconded a motion to declare Ordinance No. 101 read for the second time and adopted as read. The voice vote was unanimous, with Councilmember Galloway absent. 12.B. pianting ar recommended reading and No. 102. A proposed_ ordinance relating to the maintenance of trees, shrubs and plants. Staff the propos adoption. ordinance be approved for second Minutes of the City Council Moorpark, California Page 9 November 16, 1988 City Attorney Kane read the Ordinance in title only. MOTION: Councilmember Perez moved and Councilmember Brown seconded a motion to read the ordinance in title only. The voice vote was unanimous, with Councilmember Galloway absent. MOTION: Councilmember Lane moved and Councilmember Perez seconded a motion to declare Ordinance No. 102 read for the second time and adopted as read. The Motion carried, with Councilmember Brown dissenting, and Councilmember Galloway absent. Councilmember Brown advised that her no vote was an objection to the proposed fee structure. AT THIS POINT IN THE MEETING, Mayor Lane declared a 15 minute recess, the time being 8:35 p.m. The Council reconvened at the hour of 8:50 p.m. 8.A. Approval of Warrant Register_.= CDBG - Payable Warrant No. 131 $ 45,000.00 Approval of Warrant Register - 1987/88: - Payable Warrants Nos. 7780 - 7782 $ 7,823.84 Approval of Warrant Register - 1988/89: - Prepaid Warrants Nos. 7679, 7717 7759 - 7777 $ 65,650.41 - Payable Warrants Nos. 7783 - 7832 $141,650.91 City Manager reviewed the warrants questioned earlier by Mayor Lane, giving descriptions and reasons for payment. MOTION: Councilmember Lane moved and Councilmember Brown seconded a motion to approve the Warrant Registers. The motion carried by a unanimous roll call vote, with Councilmember Galloway absent. 9.B. Resolution No. 88 -52 to amend Resolution and procedures for proposed Ordinance recommended approval Ordinance No. 103. 2. Consider the approval of a resolution No. 87 -421 which established the process implementing Measure F, and approval of No._ 103 amending Measure F. Staff of the draft resolution and adoption of City Manager Kueny advised that as part of the Settlement Agreement with the Building Industries Association, the City must amend certain provisions of both Measure F and the implementing Resolution No. 87 -421. Mayor Lane opened the Public Hearing. With no persons present desiring to speak to the Council, Mayor Lane declared the Hearing closed. Minutes of the City Council Moorpark, California Page 10 November 16, 1988 MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to approve the Negative Declaration. The voice vote was unanimous, with Councilmember Galloway absent. City Attorney Kane read Ordinance No. 103 in title only. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to read the Ordinance in title only. The voice vote was unanimous, with Councilmember Galloway absent. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to declare Ordinance No. 103 read for the second time and adopted as read. The voice vote was unanimous, with Councilmember Galloway absent. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to approve Resolution No. 88 -522. The voice vote was unanimous, with Councilmember Galloway absent. 13. FUTURE AGENDA ITEMS Councilmember Brown requested that a future Agenda include discussion of signage on main thoroughfares locating parks in the vicinity. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to recess the Meeting of the City Council at the hour of 9:02 p.m., and to reconvene as the Redevelopment Agency. The voice vote was unanimous, with Councilmember Galloway absent. Mayor Lane reconvened the meeting of the City Council at the hour of 9:07 p.m. 14. CLOSED SESSION MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to go into Closed Session under items: 14.F. - Potential litigation pursuant to Government Code Section 54956.9(c); and 14.G. - Negotiation for real property at 280 Casey Road (former high school site) pursuant to Government Code Section 54956.8. The voice vote was unanimous, with Councilmember Galloway absent. The time of adjournment to Closed Session was 9:10 p.m. All Councilmembers, except Councilmember Galloway, were present, plus Steven Kueny, City Manager; Cheryl Kane, City Attorney; and Richard Hare, Deputy City Manager. The Council reconvened at the hour of 10:01 p.m. City Attorney Cheryl Kane announced that no action was taken as a result of the Closed Session. 15. ADJOURNMENT MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to set a Special Meeting for 7:00 p.m., November 29, 1988 Minutes of the City Council Moorpark, California Page 11 November 16, 1988 for the purpose of certifying the election and to adjourn this meeting to 6:30 p.m. on November 29, 1988. The voice vote was unanimous, with Councilmember Galloway absent. The meeting adjourned at the hour of 10:02 p.m. 1, 1-0 0!4 ohn Patrick Lane, Mayor ATTEST: Maureen W. Wall, City Clerk 16nov88.min �l_A