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HomeMy WebLinkAboutMIN 1988 1016 CC ADJMINUTES OF THE CITY COUNCIL Moorpark, California October 26, 1988 The adjourned meeting of the City Council of the City of Moorpark, California was held on October 26, 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 6:12 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 go into Closed Session at this time. 3. ROLL CALL: Present: Councilmembers Clint Harper and Bernardo Perez and Mayor John Patrick Lane. Steven Kueny, City Manager; Cheryl Kane, City Attorney; and Richard Hare, Deputy City Manager. Absent: Councilmembers Eloise Brown and John Galloway. 4. CLOSED SESSION: A. Personnel. B. Personnel _ discussion _pursuant to Government_ Code Section 54957.6. C. Litigation concerning__Boething versus the City_ of Moorpark. D. Liti ag tion concerning the__City_ of Moorpark versus Boething. E. Potential litigation __pursuant to Government Code _ Section 54956.9 b 1 1. - - - -- F. Potential litigation pursuant to Government _ Code Section 54956.9(c). — .__._..._. _. G. Negotiation for real property at 280 Casey Road (former high school site_) pursuant to Government Code Section 54956.8. H. Litigation_ concerning_ B.I_A. versus the City_ of Moorpark. Minutes of the City Council Moor ark, California _ 2 _..._ October 26988 I. Litigation concerning Southern California Edison versus the Cif of Moorpark. J. Negotiation for real property on_a_poortion of A.P.N. 500 -35 -22 Carlsber pursuant to.. Government Code. Section 54956.8 _ MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to go into Closed Session to discuss those items indicated on the agenda. The voice vote was unanimous with Councilmembers Brown and Galloway absent. AT 6:17 P.M., Councilmembers Brown and Galloway arrived and entered into the Closed Session. The City Council convened in Open Session at 7:02 p.m. Cheryl Kane, City Attorney, stated there was no action to report and that only Items 14.C., 14.D., and 14.H. were discussed. AT THIS POINT IN THE MEETING, the Council recessed, the time being 7:10 p.m. 1. CALL TO ORDER: The meeting was reconvened at 7:16 p.m. by Mayor John Patrick Lane. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Galloway. 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; Lt. Richard Rodriquez, Sheriff's Department; Richard Hare, Deputy City Manager; John Knipe, Assistant City Engineer; Philip Newhouse, Director of Community Services; and Maureen W. Wall, City Clerk. 4. PROCLAMATIONS, COMMENDATION -AND SPECIAL PRESENTATIONS: None were presented. 5. REORDERING OF,—AND ADDITIONS_TO,- THE_AGENDA: By consensus of the Council, Item 11.I. is to be heard prior to Item 11.B.; and Item 11.G. is to be heard after Item 11.I. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to add an item to the agenda concerning the waiving of a requirement to allow an occupancy in Tract No. 3306, 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.K. on the agenda. Minutes of the City Council Moorpark, California 3 __ October.26, 1988 6. PUBLIC COMMENTS: A. Mr. Marcus Weise, 10702 Citrus Drive, Moorpark, representing Home Acres Neighborhood Council, asked that the development of the open space buffer in Tract No. 4341 be brought to the Council's agenda soon. B. Mr. Frank Colt, 4888 Mira Sol Drive, asked that the City Council enact an ordinance prohibiting smoking in public places and places of employment. C. Mr. Joseph Latunski, 289 Casey Road, asked that the General Plan Amendments be processed soon. D. Ms. Jocelyn Reed, 10851 Citrus Drive, Moorpark, Home Acres resident, asked the City Council to place Tract No. 4341 on the agenda soon. E. Mr. Paul Lawrason, 4291 Ambermeadow Street, stated he hoped the Council would move forward on redevelopment, and also stated he was a proponent for the establishment of a city -wide traffic mitigation fee. F. Dr. R. L. Gardner, 530 Moorpark Avenue, asked the Council to implement a no smoking ordinance. G. Mr. Thomas Nelson, 688 N. Auburn Circle, asked the Council to agree to approve the resolution presented by staff concerning Item 11.J., American Products, Inc. The resolution eliminates Condition No. 40 of Resolution No. 88 -454. H. Mr. Jere Robings, 923 Calle Contento, Thousand Oaks, asked the City Council to enact a smoking prohibition ordinance. In addition, two members of the American Heart Association of Ventura County left Speaker Cards indicating their support of a clean indoor air ordinance. They were: Ms. Charlotte Hill and Ms. Jeanne Scott, all Councilmembers and Mayor Lane expressed their support of a smoking prohibition ordinance. By consensus of Council, the planning staff was asked to expedite the processing of Mr. Latunski's request. Concern was also expressed regarding the City paying the review costs involved on this piece of property. The City Attorney, Cheryl Kane, stated the City Council has the final ability to initiate General Plan Amendments (GPA). Council initiated General Plan Amendments do not have a fee attached, since it was initiated by the City. Councilmember Harper commented it would appear Mr. Latunski's GPA would only benefit Mr. Latunski, and not the City. Councilmembers Harper and Perez volunteered to form a committee to review Condition 17A of Tract No. 4341, in an effort to expedite the process. Counr_ilmember Galloway did not feel the Minutes of the City Council Moorpark, California _ _ 4 October 26, 1988 City should be involved in the setting of public hearings regarding the open space buffer in Tract No. 4341, since the buffer serves an area partially outside the City's limits. 7. COMMITTEE REPORTS: Councilmember Galloway reported the ad hoc committee reviewing driveways had met to resolve the issue of a proposed resolution concerning second driveways and driveway expansions. The committee would be presenting a report to the Council on November 2, 1988. Councilmember Brown reported she had attended a Year 2000 meeting, and would be presenting a report soon. She also attended a VCAG meeting. 8. CONSENT CALENDAR: R. Resolution No. 88- Consider a proposed resolution approving guidelines regarding _second driveways and _driveway expansions. Staff recommended Council approve the proposed resolution. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to take no action on the resolution, but to receive and file the information. The voice vote was unanimous. 9. PUBLIC HEARINGS: None were held. 10. COMMENTS FROM COUNCILMEMBERS: A. Consider an appointment to the new arts commission advisory Rane-_l_established by_ the County of Ventura Board of Supervisors. No action was taken. Councilmember Harper commented the City had completed the Tierra Rejada Bridge Project and the City Hall Project. He felt staff should be thanked for their hard working efforts to complete these projects. Councilmember Galloway concurred. Mayor Lane asked staff to follow through on having the developer clean -up the TOPA (PD -1064) site at the corner of Los Angeles Avenue and Spring Road. AT THIS POINT IN THE MEETING, Item 11.I. was heard. Consider a proposed agreement for Senior Citizen Center. Staff recommended Council approve the agreement and authorize the Mayor to sign it on behalf of the City. Steven Kueny, City Manager, gave an overview of the amendment. which had been worked out by the committee involved. There were three items of concern. He recommended the Council approve the Minutes of the City Council Moorpark,_ Ca lifornia 5 October 26 1988 agreement and authorize the Mayor to sign with final language subject to the approval of the committee, the City Manager and the City Attorney; and that Council allow the seniors to move into the center tomorrow. The following motion was heard. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to approve the agreement and authorize the Mayor to sign the agreement. with final language subject to the approval of the committee (Brown and Perez), the City Manager and the City Attorney; and to allow the seniors to move into the center October 27, 1988. The voice vote was unanimous. Ms. Anna Belle Sessler reported the seniors very much appreciated the Council's actions, and that the seniors were looking forward to the move. AT THIS POINT IN THE MEETING, Item 11.G. was heard. 11. G. Cons t from Waterworks District #1 to construct a the—south side of Tierra Rejada Road. irect staff as deemed appropriate. station aloni Staff recommended Council Mr. Arthur E. Goulet, 800 South Victoria Avenue, Ventura, of Ventura County Waterworks District No. 1, stated he was available to answer any questions the Council might have. He also indicated the pump station was to be a temporary station only. Councilmember Harper commented if the City were to construct such a station, it would conceal it behind a block wall. He felt it was the City's duty to mitigate offensive devices such as the proposed pump station. Councilmember Perez asked when the project was expected to be complete. Mr. Goulet responded it was their hope it would be finished within one year. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to approve the County's proposal as submitted, with the addition of sizeable landscaping to cover the green vinyl chain link fence. The motion failed with Councilmembers Harper and Perez and Mayor I.ane voting no. Councilmember Harper stated he supported staff's recommendation since the City often requires developers to more than take care of aesthetics, therefore he felt the County should do likewise. Councilmember Brown commented that for less than $100 quite a bit of shrubbery could be purchased and used to cover the chain link fence. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to require the County to enclose the pump station with a block wall, to supply adequate landscaping in the surrounding area, with final design approval to be given by the Minutes of the City Council Moorpark, California 6 October 26, 198£3 Director of Community Development. The motion was approved with Councilmembers Brown and Galloway voting no. Councilmember Brown commented she felt this was a waste of money. Councilmember Galloway concurred, further commenting the City will probably end up paying for removal of the structure. 11. DISCUSSION /ACTION ITEMS: B. Consider a proposal to complete_ the Redevelopment Feasibility Study. Staff recommended Council authorize the completion of the study. Councilmember Harper agreed with staff's recommendations and stated he would like to see the Council move ahead on this matter. Councilmember Brown commented she would like to see the figures of what money might be expected from the agency. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to authorize an appropriation of $13,000 from the General Fund Reserve as a loan to the Redevelopment Agency to complete the work necessary for preparation and adoption of a. Redevelopment Plan. The roll call vote was unanimous. Steven Kueny, City Manager, emphasized that this action only takes the actions necessary to lead up to the adoption of a plan, but did not mean a redevelopment plan would be adopted. Councilmember Brown asked staff to inquire what concerns other taxing agencies in the County might have with redevelopment in Moorpark. MOTION: Councilmember Harper moved and Mayor Lane seconded a motion to accept Urban Futures, Inc.'s October 1988 proposal to prepare the Redevelopment Plan, with modifications as contained in the staff report dated October 19, 1988, and to authorize the Mayor to execute the contract with Urban Futures, Inc. for this work. The voice vote was unanimous. AT THIS POINT IN THE MEETING, the following motion was heard. MOTION: Councilmember Galloway moved and Councilmember Perez seconded a motion to adjourn the Council Meeting, and to call to order a meeting of the City of Moorpark Redevelopment Agency. The voice vote was unanimous. The time of adjournment was 9:15 p.m. At 9:23 p.m. thc, Council meeting was again called to order by Mayor Lane. C. Consider a resolution from the Planning Commission regardi_ng_Art in Public Places and the commission's recommendations to the Council. Staff recommended Council direct staff as deemed appropriate. Patrick Richards, Director of Community Development, gave an overview of this item from his staff report dated October 12, 1988. Councilmember Galloway felt the zoning code could be Minutes of the City Council Moorpark,_California _ _ _ 7 _._._ October 26, 1988 adjusted to accomplish the Council's intent. Councilmember Harper commented he would like to see the item treated specifically from a change in the zoning code. Councilmember Brown felt the adoption of a resolution would suffice. Councilmember Perez wanted to see the process remain simple. Councilmember Harper then suggested that the matter be advertised for public hearing to see if the community would want this type of law, and if they do, then a resolution or ordinance could be drafted. MOTION: Councilmember Galloway moved and Councilmember Harper seconded a motion to direct the Planning Commission to proceed with a draft proposal pursuant to the direct given them in Resolution No. 88 -492. The voice vote was unanimous. Mayor Lane commented he did not feel this was as important, nor did it require as much attention, as the affordable housing issue. Councilmember Brown felt it was a matter which needed to be implemented soon. Councilmember Harper suggested the City implement a Cultural Arts Committee. MOTION: Councilmember Galloway moved and Councilmember Harper seconded a motion to direct the utilization of funds collected as in -lieu fees be delegated to a Council- appointed Arts Council formed solely for this purpose, consistent with any City Attorney opinion(s), and granting the Arts Council the maximum authority /discretion as provided by law. The voice vote was unanimous. D. Consider the selection of a_ name for the 69 -acre community park. Staff recommended Council direct staff as deemed appropriate. Philip Newhouse, Director of Community Services, gave an overview of the staff report dated October 13, 1988. Councilmember Brown questioned how many people would really be aware of the contest and able to get their suggestions to the City. Councilmember Galloway stated he would like to see the City consider the names given and the meaning behind the names. He felt the City should indicate it was a memorial park, dedicated in memory of all veterans. He also suggested thank you letters be sent to all who submit a name. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to adopt; Arroyo Vista as the name for the 69 -acre park. AMENDMENT TO THE MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to direct the park be dedicated to the memory of veterans with appropriate ceremony during the park's grand opening. The voice vote on the amendment was unanimous. The main motion, as amended, was approved with Councilmember Galloway voting no, and Councilmember Brown abstaining. Minutes of the City Council Moorpark California 8 _October 26 1988 E. Consider_ a report concerninq_the sale of Christmas trees on tree lots. Staff recommended Council adopt an interim policy regarding such sale requests. Patrick Richards gave an overview of the staff report dated October 12, 1988. City Attorney, Cheryl Kane, commented the City would need an ordinance to be able to enforce a use change in accordance to the City's zoning code. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to adopt by minute action a policy which requires that temporary Christmas tree sales shall be allowed only on commercial and industrial zoned property subject to approval of a zoning clearance by the Director of Community Development. The motion was approved with Mayor Lane voting no. Mayor Lane commented he felt the action should have been taken by ordinance not by minute action. AT THIS POINT IN THE MEETING, Item 11.J. was heard. J. Consider a Major Modification request for a condition deletion or modification for _ Development _Permit OP -302 American Products. Staff recommended Council approve Resolution No. 88 -515 so as to delete Condition No. 40 of Resolution No. 88 -454. Patrick Richards gave an overview of the staff report dated October 25, 1988 and presented the proposed resolution. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to adopt Resolution No. 88 -515, a resolution amending Resolution No. 88 -454 for Development Plan Permit No. DP -302, Major Modification No. 1. The voice vote was unanimous. Consider proposed means of proceedinq_with the establishment of a city -wide traffic mitigation fee. Staff recommended Council direct staff as deemed appropriate. Steven Kueny gave the staff report dated October 19, 1988. Councilmembers Galloway and Harper felt a Highway 118 bypass should be built around the City, and that attention should not just be given to Happy Camp Road. Councilmember Brown suggested the City consider a list generated by the Year 2000 committee, and incorporate this list. into our traffic mitigation fee process. Councilmember Harper was concerned the fee would only relate to an access road to the Happy Camp Regional Park project. He felt the proposed traffic mitigation fee process could be the last opportunity the City would have to take care of its traffic problems. Councilmember Brown stated she would like to see the State able to participate in funding projects, with this local fee method funding the State's short fall. Minutes of the City Council Moorpark, California _ 9 __ October_26, 1988 Mayor Lane felt Spring Road should extend north to an east /west road which would allow those in Campus Park to get into the downtown area to shop. Councilmember Harper additionally commented he felt the Happy Camp Road should not be considered by the City; the County alone should fund such a road. Mayor Lane felt attention should also be given to some of the short term projects which could provide some relief from current traffic circulation problems. Councilmember Harper suggested Council direct staff to prepare some rough costs and prepare a spread for consideration. Councilmember Brown recommended the Council realize what State funds could do, and also develop something considers other areas of the City also. Steven Kueny recommended the Council continue consideration of this item to the November 2, 1988 meeting. At that time time would add the Year 2000 list as recommended by Councilmember Brown, review the possibility of an east /west corridor in the Campus Park area, and bring further related information forward for Council's consideration. By consensus of Council, staff was directed to do so. H. Consider mitigating measures to reduce lighting concerns at the Peach Hill Park ball field. Staff recommended Council direct staff as deemed appropriate. Philip Newhouse gave the staff report dated October 19, 1988. Councilmember Brown felt the City should develop lighting requirements which would be used for future parks. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to appropriate $9,500 of the Park Improvement Fund to retrofit the lights in Peach Hill Park to a level 8 control. The roll call vote was unanimous. K. Consider waiving a condition of occupancy in Tract No. 3306. Steven Kueny gave an oral presentation concerning the hardship of a homeowner in this residential tract of the City. The problem involved tempered glass not being installed in the bathroom. Occupancy could not be allowed until the glass was installed. He recommended a hold harmless agreement be obtained from the homeowner and the developer, and that the City require the developer to agree to install the glass within three weeks, if such could be negotiated. The agreement might need to be prepared by the City Attorney. The payment for cost of this would also need to be determined. Councilmember Brown felt the developer had abused the use of Inglewood Street many times, since the street was often not useable. She felt the new homeowner should not be penalized, and that the developer should pay any necessary fees. Minutes of the City Council Moorpark _California 10 October 26, 1988 Councilmember Harper stated the developer should pay all costs involved to resolve the problem. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to allow the occupancy with a hold harmless agreement to be signed by the homeowner and the developer after review by the City Attorney, the developer is to install the required tempered glass within three weeks, and is to pay all costs involved. The voice vote was unanimous. 12. ORDINANCES: A. Ordinance No. A _ ro osed ordinance relating to the preservation of historic trees city -wide. Staff recommended Council approve the proposed ordinance for first reading and introduction. This item was continued to November 2, 1988. B. Ordinance No. A proposed ordinance relating to the planting and maintenance of trees, shrubs and plants. Staff recommended Council approve the proposed ordinance for first reading and introduction. C This item was continued to November 2, 1988. Ordinance No. A proposed ordinance regulating smoking in public places and places_ of employment, specifying exemptions, providing implementation—requirements, and making findings of fact in support thereof. Staff recommended Council approve the proposed ordinance for first reading and introduction. This item was continued to November 2, 1988. 13. FUTURE AGENDA ITEMS: The Council directed that the following matters be placed on future Council agendas: possible implementation of business licenses, formation of an Arts Commission for fine arts and performing arts, with a summary by staff of what exists in neighboring cities; a report concerning hazardous wastes which indicates who and how often businesses are inspected that use them. 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 C-ity__of Moorpark versus Boething. Minutes of the City Council Moorpark, California 11 ___— _- _._.- ...___ October 26, 1988 E. Potential litigation _pursuant to _.-Government Code Section F. Potential litigation pursuant to Government _ Code _Section 54956.9 (_c). G. Negotiation for real property at 280 Casey Road (former high school site pursuant to Government Code Section 54956.8. H. Litigation concerning B.I.A. versus _the_City__of__Moorpark. I. Litigation concerning Southern California Edison versus the City of Moorpark. _ -_ - -. - -- J. Negotiation for real property on a portion of A.P.N. 500 -35 -22 (Carlsberg) pursuant to Government Code Section 54956.8. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to go into Closed Session to discuss Items 14.A., 14.B., 14.C., 14.D., 14.E., 14.G., 14.H., 14.I., and 14.J. The voice vote was unanimous. The time of adjournment was 10:55 p.m. AT THIS POINT IN THE MEETING, the Council recessed. The time being 10:56 p.m. At 11:10 p.m. the full Council reconvened in Closed Session. Steven Kueny, Cheryl Kane, Patrick Richards and Richard Hare were also present. At 11:31 p.m., Patrick Richards left the Closed Session. Council reconvened in Open Session at 12:22 a.m. Cheryl Kane stated there was no action to report. 15. ADJOURNMENT: MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to adjourn the meeting to 6:00 p.m. on November 2, 1988, with it Council's intent to meet in Closed Session at that time, and in Open Session at 7:00 p.m. The voice vote was unanimous. The time of adjournment was 12:24 a.m. ATTEST: