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HomeMy WebLinkAboutMIN 1986 0707 CC REGMoorpark, California July 7, 1986 A regular meeting of the City Council of the City of Moorpark, California, was held on July 7, 1986, in the Council Chambers in the City Hall of said City, located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER The meeting was called to order at 7:05 p.m. with Mayor Pro Tem Ferguson presiding. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Woolard. 3. ROLL CALL PRESENT: Councilmembers Albert Prieto, Danny Woolard, Leta Yancy- Sutton and Mayor Pro Tem Thomas Ferguson. ABSENT: None OTHER CITY OFFICIALS PRESENT: Steven Kueny, City Manager; Cheryl J. Kane, City Attorney; Lt. Brown, County Sheriff's Department; Dennis Delzeit, City Engineer; John Knipe, Assistant City Engineer; Richard Morton, Director of Community Development; Thomas Genovese, Administrative Assistant; and Eva Marie Crooks, Deputy City Clerk. 4. APPROVAL OF MINUTES Councilmember Yancy- Sutton requested that the minutes of June 16, 1986, Item 10.A. indicate that she abstained from any discussion and Mayor Pro Tem Ferguson so ordered the minutes be amended. It was moved by Councilmember Yancy- Sutton, seconded by Councilmember Woolard and unanimously carried that the minutes of the Regular Meeting of June 16, 1986 of the City Council be approved as recorded. 5. PROCLAMATIONS /COMMENDATIONS AND SPECIAL PRESENTATIONS Mayor Pro Tem Ferguson introduced new Senior Planner Michael Rubin and Administrative Intern Chris Echeverri. 6. COMMENTS FROM THE PUBLIC Joe Intiso, 15750 Los Angeles Avenue, Moorpark, requested that the City Council take similar action as the City of Oxnard regarding AB 483 which pertains to rent control in mobile parks. He said the bill will have an adverse affect on the City and mobile home parks. He requested that the Council send letters to legislators opposing the bill. Paul Tryon, Building Industry Assoc., 601 Daily Drive #229, Camarillo, indicated he would speak later on the item concerning the growth management plan. -1- City Council Meeting July 7, 1986 Steve Brodsky, 4771 Justine Court, Moorpark, spoke regarding property developed at Moorpark and Peach Hill. He said he opposed the proposed development because when he purchased the property he was under the impression the property was zoned for a park or a school. He said the City did not notify him or any of his neighbors regarding the proposed development. He said the new homes will obstruct the view the houses in his neighborhood currently have. He requested the City Council review the plans for the proposed tract, go look at the site and come to the homes to see what it has done to them. The following persons indicated they concurred with Mr. Brodsky in opposition to the proposed development: Keith Mohrhusen, 4560 Vista Del Valle Drive, Moorpark RoseAnn Brodsky, 4771 Justin Court, Moorpark Rick Hiestand, 4572 Vista Del Valle, Moorpark Kenneth Lew, 4592 Vista Del Valle, Moorpark Robert Swanson, 4548 Vista Del Valle, Moorpark Council directed the City Manager to look into the public hearing notification problem for this project and report back in two weeks. They also directed that no building permits be issued for the project to Cal Prop. Willy Dean, 737 Shasta Avenue, spoke regarding Park Glen leak problems, which have not been attended to by Griffin Developers. Elaine Freeman, Griffin Homes, 24005 Ventura Blvd., Calabasas, indicated they would like to meet with Mr. Dean and that they have "sign offs" from those persons mentioned by Mr. Dean that the work was completed. Tom Baldwin, 6475 Pepperdine, Moorpark, said that at the June 25 Planning Commission meeting, Commissioner Keenan should have abstained from voting on the U. S. Condo project because he has a conflict of interests. Jim Keenan, 14961 Campus Park Road, Moorpark, explained his position with Golden West Property Management and the bidding process for managing homeowners associations. Mayor Pro Tem Ferguson read an anonymous letter the Council received on July 3, 1986 regarding the Cal Prop construction site, which stated that the grading was not compacted correctly. Council referred this item to the City Engineer to investigate. 7. NEW BUSINESS 7.A. Consideration of Appointment to Fill City Council Vacancy Motion by Councilmember Woolard, seconded by Councilmember Yancy- Sutton that the appointed Councilmember not be sworn in until July 21, 1986 carried unanimously. -2- City Council Meeting July 7, 1986 Ted M. Green, 15354 E. Benwood Drive, Moorpark, indicated that the Council did not advertise for applicants for City Councilmember, and suggested that the Council interview all those interested. Mayor Pro Tem Ferguson indicated that it was the appropriate time for nominations for the Councilmember appointment. Councilmember Woolard nominated James Hartley. Councilmember Yancy- Sutton nominated Lin Graf. Councilmember Prieto nominated Roger Beaulieu. Mayor Pro Tem Ferguson closed nominations for Councilmember and called for a vote for James Hartley for Councilmember, which failed with Councilmember Woolard and Mayor Pro Tem Ferguson in favor and Councilmembers Prieto and Yancy- Sutton dissenting. Mayor Pro Tem Ferguson called for the vote for Lin Graf for Councilmember, which failed with Councilmembers Woolard, Prieto, Yancy- Sutton and Mayor Pro Tem Ferguson dissenting. Mayor Pro Tem Ferguson called for the vote for Roger Beaulieu for Councilmember, which failed with Councilmembers Prieto and Yancy- Sutton in favor and Councilmember Woolard and Mayor Pro Tem Ferguson dissenting. Mayor Pro Tem Ferguson recessed the meeting from 8:35 to 8:55 p.m. Mayor Pro Tem Ferguson called for another vote for James Hartley, which failed with Councilmember Woolard and Mayor Pro Tem Ferguson in favor and Councilmembers Prieto and Yancy- Sutton dissenting. Mayor Pro Tem Ferguson called for the votefor Roger Beaulieu for Councilmember, which failed with Councilmembers Prieto and Yancy- Sutton in favor and Councilmember Woolard and Mayor Pro Tem Ferguson dissenting. Mayor Pro Tem Ferguson recessed the meeting from 9:03 to 9:04 p.m. 7.B. Consideration and Selection of Mayor Motion by Councilmember Yancy- Sutton to wait until July 21 for the selection of the Mayor, seconded by Councilmember Prieto failed with Councilmembers Yancy- Sutton and Prieto in favor and Councilmember Woolard and Mayor Pro Tem Ferguson dissenting. Motion by Councilmember Woolard that if the Mayor resigns from the City Council or from his Mayorship, effective immediately the Mayor Pro Tem steps into the Mayor position and a new Mayor Pro Tem is elected, seconded by Councilmember Prieto, carried unanimously. Council directed the City Manager to amend the City policy by resolution if necessary. -3- City Council Meeting July 7, 1986 7.C. Selection of Mayor Pro Tem Motion by Councilmember Yancy- Sutton, seconded by Councilmember Prieto to elect Councilmember Woolard as Mayor Pro Tem carried unanimously with Council - member Woolard abstaining. 8. HEARINGS 8.A. Pavement Overlay Project The City Manager presented the staff report and indicated that notices had been mailed to residents of High, Bard, Second, Third, Sherman, Sarah and Gabbert Streets. The City Engineer briefed the Council and answered questions. Mayor Ferguson opened the public hearing. Thomas H. Wilson, 2046 Tierra Rejada Road, asked if the parcel without sidewalks and curbs would have sidewalks and curbs installed at this time. The City Manager indicated they would not be installed. The Mayor closed the public hearing. There was no further action taken on the approved pavement overlay project. 8.B. Open Space Conservation and Recreation (OSCAR) Element It was the consensus of the Council to continue this hearing to August 4, 1986. 8.C. Uniform Building Code It was the consensus of the Council to change Item 9.B. to 8.C. and continue the hearing to July 21, 1986. 9. ORDINANCES /RESOLUTIONS 9.A. Newsrack Ordinance (Continued from June 16, 1986) The City Attorney presented the staff report and ordinance. John Ferguson, 727 Arneill Road, Camarillo, representing the News Chronicle, indicated he objected to the characterization of a fee. He said he has no problem with the appearance of the racks for safety. Dan Schmidt, Mirror, indicated he opposed any newsrack ordinance and requested the City to work out any problems with the publishers. John Ardelan, 5250 Ralston, Ventura, representing the Star Free Press, indicated he opposed the fee for newsracks. -4- City Council Meeting July 7, 1986 Councilmember Yancy- Sutton moved to amend the ordinance to delete the registration fee; allow either woodgrain or brown painted newsracks; change length of group of newsracks from fifteen to sixteen feet; eliminate K -Jack 100, requirement for pedestal or panels; and that the height be 40 inches except when the pedestal is used which would increase it to 46 inches. Councilmember Prieto seconded the motion which carried unanimously. Motion that Ordinance No. 78 be read in title only and that further reading be waived was made by Councilmember Woolard and seconded by Councilmember Yancy- Sutton. Motion carried unanimously. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE MOORPARK MUNICIPAL CODE BY ADDING CHAPTER 14.16 RELATIVE TO NEWSRACKS Motion by Councilmember Yancy- Sutton, seconded by Councilmember Woolard to introduce Ordinance No. 78, carried unanimously. 9.B. Adopt Ordinance No. 75, Adopting Uniform Building Codes This item was continued to July 21, 1986. 9.C. Adopt Ordinance No. 76, Amending Section 8112 -23 of the Zoning Ordinance of the County of Ventura, Adopted by the City of Moorpark on September 21, 1983, Pertaining to Maximum Density Motion that Ordinance No. 76 be read in title only and that further reading be waived was made by Councilmember Woolard and seconded by Councilmember Yancy- Sutton. Motion carried unanimously. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING SECTION 8112 -23 OF THE ZONING ORDINANCE OF THE COUNTY OF VENTURA, ADOPTED BY THE CITY OF MOORPARK ON SEPTEMBER 21, 1983, PERTAINING TO MAXIMUM DENSITY Motion by Councilmember Yancy- Sutton, seconded by Councilmember Woolard to adopt Ordinance No. 76, carried unanimously. 9.D. Resolution No. 86 -322, Calling and Giving Notice of the Holding of a Special Municipal Election, to be held in t e 1ty on luesday, November 4, 1986, for the submission ot a question or measure to the qualified electors of t e City, relating to the enactment y the City Council of said ity of an or inance adopting a easured Growth Plan; and requesting the Board of Supervisors of the County of Ventura to consolidate said Special Municipal Election with the General Municipal Election to be held in consolidation with the Statewide General Election on said date, pursuant to Section 23302 of the Elections Code -5- City Council Meeting July 7, 1986 Mitch Kahn, 500 Esplanade Drive, Oxnard, representing G. H. Palmer Assoc., indicated that Moorpark's present guidelines and procedures don't need growth control. He stated that Section 2.C.3 handicaps other developers; questioned growth projections in Section 2, and indicated that in Section 2.C.2, affordable housing should be exempt or specific attention be paid to criteria. Al Dick, U. S. Condo Corp., 9601 Wilshire Blvd., Beverly Hills, said that the City has excellent controls and growth control is not needed. He said development agreements should not be part of the allotment allocations. He also said that 12 months is not sufficient time for building permits, and requested two more time extensions. Tom Zanic, 520 Broadway, Suite 100, Santa Monica, representing Urban West, submitted changes which included eliminating commencing on April 1; change Section 2.B.2 to "The average annual allocation for each forecast period.. "; change Section 2.C.2 to defind a date for the beginning of each program year; insert new 2.C.4 to allow for 10% flexibility, 24 month construction time, and allocation carry overs to the next year. Paul Tryon, Building Industry Assoc., indicated he had no further comments. Elaine Freeman, Griffin Homes, 24005 Ventura Blvd., Calabasas, recommended deleting Section 2.A.1 regarding population and add "as may be adjusted by County Planning Program." Motion by Councilmember Yancy- Sutton, seconded by Councilmember Prieto, to allocate 557 from 1986 -1989, 421 from 1990 -1994 and 285 for the balance failed with Council - members Yancy- Sutton and Prieto in favor and Councilmember Woolard and Mayor Ferguson dissenting. Motion by Councilmember Woolard, seconded by Councilmember Prieto, to allot 500 for the first four years, 470 the next four years, and 285 for the balance, carried unanimously. The City Attorney presented the revised ordinance with changes per Council discussion. Motion by Councilmember Woolard, seconded by Councilmember Prieto, to implement changes presented by the City Attorney in the revised ordinance, carried unanimously,. Motion by Councilmember Prieto, seconded by Councilmember Yancy- Sutton to direct staff to draft the allocation plan before the election for voter review, carried unanimously. Motion by Councilmember Yancy- Sutton, seconded by Councilmember Prieto to adopt Resolution No. 86 -322 with changes to the Measured Growth Plan, carried unanimously. M City Council Meeting July 7, 1986 9.E. Resolution No. 86 -323, Authorizing Certain of Its Members to File a Written Argument for Enactment of an Ordinance, Adopting a Measured Growth Plan, to be submitted to the Voters of the City at a Special Election to be held November 4, 1986 It was the consensus of the Council that Councilmembers Woolard, Prieto, Yancy- Sutton and Mayor Ferguson write and sign the argument. RESOLUTION NO. 86- 323 - -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT FOR ENACTMENT OF AN ORDINANCE, ADOPTING A MEASURED GROWTH PLAN, TO BE SUBMITTED TO THE VOTERS OF THE CITY AT A SPECIAL ELECTION TO BE HELD NOVEMBER 4, 1986 Motion by Councilmember Yancy- Sutton, seconded by Councilmember Woolard to adopt Resolution No. 86 -323, carried unanimously. 9.F. Resolution No. 86 -324. Calling and Giving Notice of Holding a Special Municipal Election, to be held in the City on Tuesday, November 4, 1986, for the election of a certain officer of the City to fill a vacancy as required by the provisions of the laws of the State of California relating to General Law Cities; and Requesting the Board of Supervisors of the County of Ventura to Consolidate said Special Municipal Election with the General Municipal Election of said date, pursuant to Section 23302 of the Elections Code RESOLUTION NO. 86- 324 - -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION, TO BE HELD IN THE CITY ON TUESDAY, NOVEMBER 4, 1986 FOR THE ELECTION OF A CERTAIN OFFICER OF THE CITY TO FILL A VACANCY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES; AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF VENTURA TO CONSOLIDATE SAID SPECIAL MUNICIPAL ELECTION WITH THE GENERAL MUNICIPAL ELECTION TO BE HELD IN CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION OF SAID DATE, PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE Motion by Councilmember Yancy- Sutton, seconded by Councilmember Prieto to adopt Resolution No. 86 -324, carried unanimously. 9.G. Resolution No. 86 -325, Fixing the Compensation of Members of the Planning Commission and Members of the Recreation and Parks Commission, and Repealing Resolution No. 83 -37 and Resolution No. 83 -38, adopted September 21, 1983 -7- City Council Meeting July 7, 1986 RESOLUTION NO. 86- 325 - -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, FIXING THE COMPENSATION OF MEMBERS OF THE PLANNING COMMISSION AND MEMBERS OF THE RECREATION AND PARKS COMMISSION, AND REPEALING RESOLUTION NO. 83 -37 AND RESOLUTION NO. 83 -38, ADOPTED SEPTEMBER 21, 1983 Motion by Councilmember Yancy- Sutton, seconded by Councilmember Woolard to adopt Resolution No. 86 -325, carried unanimously. 9.H. Resolution No. 86 -326 Denying the Application of Sun Exploration and Production Company Sun Oil) for Conditional Use Permit CUP -4502 RESOLUTION NO. 86- 326 - -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DENYING THE APPLICATION OF SUN EXPLORATION AND PRODUCTION COMPANY (SUN OIIL) FOR CONDITIONAL USE PERMIT NO. CUP -4502 Motion by Councilmember Yancy- Sutton, seconded by Councilmember Prieto to adopt Resolution No. 86 -326, carried unanimously. Mayor Ferguson recessed the meeting from 1 :25 to 1:32 a.m. 9.I. Resolution No. 86 -327, Authorizing the Placement and Maintenance of Stop Signs at Various Locations within the Mountain Meadows Planned Community RESOLUTION NO. 86- 327- -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE PLACEMENT AND MAINTENANCE OF STOP SIGNS AT VARIOUS LOCATIONS WITHIN THE MOUNTAIN MEADOWS PLANNED COMMUNITY Motion by Councilmember Yancy- Sutton, seconded by Councilmember Woolard to adopt Resolution No. 86 -327, carried unanimously. 9.J. Resolution No. 86 -328, Adopting a Revised Salary Plan RESOLUTION NO. 86- 328 - -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A SALARY PLAN FOR CLASSES OF POSITIONS IN THE COMPETITIVE SERVICE AND FOR POSITIONS NOT IN THE COMPETITIVE SERVICE; AND REPEALING RESOLUTION NOS. 86 -212, 85 -221, 85 -237, 86 -280, AND 86 -301 Motion by Councilmember Prieto, seconded by Councilmember Yancy- Sutton to adopt Resolution No. 86 -328, carried unanimously. 10. COMMENTS FROM COUNCILMEMBERS 10.A. Consideration of Appointment to Area Housing Authority Motion by Councilmember Prieto, seconded by Councilmember Yancy- Sutton to re- appoint Mrs. Victoria Perez to the Board of Commissioners of the Area Housing Authority, carried unanimously. City Council Meeting July 7, 1986 Councilmember Prieto requested staff investigate who is responsible for controlling for sale vehicles at the end of the 118 Freeway. Council directed staff to report back in two weeks. Councilmember Yancy- Sutton spoke regarding the City establishing a Doris Bankus Memorial Rose Garden. Council directed staff to place this item on the agenda of the Recreation and Park District Commission meeting. Councilmember Yancy- Sutton stated that the Chamber of Commerce is requesting the City to sponsor the Moorpark Country Days for insurance coverage. Council directed staff to review the cost to the City and report back at the next meeting. Councilmember Woolard requested the Council reconsider 7.A., Consideration of Appointment to Fill City'Council Vacancy. Motion by Councilmember Woolard to reconsider Item 7.A., seconded by Councilmember Yancy- Sutton, carried unanimously. 7.A. Consideration of Appointment to Fill City Council Vacancy Motion by Councilmember Woolard to appoint James Hartley to the City Council, seconded by Councilmember Yancy- Sutton, carried unanimously. 11. STAFF REPORTS - ACTION ITEMS 11.A. Amendment to Agreement for Landscape Architect Services (R. W. Graham & Associates) The staff report was presented by Administrative Assistant Tom Genovese. Motion by Councilmember Yancy - Sutton, seconded by Councilmember Prieto to follow staff recommendation and approve the Amendment to the Landscape Architect Services of R. W. Graham & Associates and authorize the Mayor to sign the Agreement, carried unanimously. 11.B. Moorpark Road Restoration Project The staff report, dated July 3, 1986, was presented by City Engineer Dennis Delzeit. Motion by Councilmember Woolard, seconded approve the change in the contract price to $57,000, carried unanimously. by Councilmember Yancy- Sutton to requested by A-C Construction City Council Meeting July 7, 1986 11.C. Tract 3032 -4 - (Urban West) Time Extension For Construction of Subdivision Improvements Councilmember Yancy- Sutton indicated she would abstain from any discussion and voting because of conflict of interests. Motion by Councilmember Prieto, seconded by Councilmember Woolard to approve time extension for completion of subdivision improvements for Tract 3032 -4 to June 16, 1987, carried with Councilmember Yancy- Sutton abstaining. 11.D. Tract 3306 - (Morvent /Glen Haven) Time Extension For Construction of Subdivision Improvements Motion by Councilmember Yancy- Sutton, seconded by Councilmember Prieto to follow staff recommendation that the time for completion of subdivision improvements for Tract 3306 be extended to June 7, 1987, carried unanimously. 11.E. Agreement to Construct Improvements for PD -1047 (Annotti) Motion by Councilmember Yancy- Sutton, seconded by Councilmember Prieto to follow staff recommendation and authorize the Mayor to execute the Agreement to construct Improvements and accept the Grant Deed for the right -of -way of Park Lane, carried unanimously. 11.F. VCAG Bylaws Amendment Motion by Councilmember Yancy - Sutton, seconded by Councilmember Woolard, to approve the VCAG Bylaws Amendment, carried unanimously. 11.G. Freeway Call Boxes Motion by Councilmember Yancy- Sutton, seconded by Councilmember Prieto to follow staff recommendation to forward to the Public Works Committee for consideration of the necessary resolutions to complete a recommendation to the City Council, carried unanimously. H.H. Position Description /Salary Range for City Clerk Motion by Councilmember Yancy- Sutton, seconded by Councilmember Woolard to approve the position description for the City Clerk and salary range, carried unanimously. 12. STAFF REPORTS - INFORMATION ITEMS 12.A. FY 86/87 Transportation Development Act Article 3 "SB 821" Bicycle/ Pedestrian Proiect Allocations It was the consensus of the Council to receive and file this item. In$E City Council Meeting July 7, 1986 12.B. Liability Insurance It was the consensus of the Council to receive and file the report from Thomas Genovese, dated July 2, 1986 regarding Liability Insurance. 12.C. County of Ventura Solid Waste Management Plan (COSWMP) Motion by Councilmember Yancy- Sutton, seconded by Councilmember Woolard to support the VCAG City Managers' Committee Report, carried unanimously. 12.D. Transmittal of Adopted 1986/87 Fiscal Year Budget It was the consensus of the Council to receive and file the 1986/87 Fiscal Year Budget previously adopted. 13. CONSENT CALENDAR 13.A. Approval of Warrant Register Pre -paid Warrants No. 3315 through 3344 and payable Warrants No. 3345 through 5449 in the total amount of $176,381.53. 13.B. City Manager Approved Contract Contract of Andrew Alan Caubiak & Associates for providing architectural design for restrooms /storage building for Peach Hill park in the amount of $4,950 Motion by Councilmember Yancy- Sutton, seconded by Councilmember Prieto to approve the items listed on the Consent Calendar, carried unanimously. 14. FUTURE AGENDA ITEMS 15. ADJOURNMENT Motion by Councilmember Yancy- Sutton, seconded by Councilmember Prieto to adjourn the meeting at 2:27 a.m., carried unanimously and Mayor Ferguson adjourned the meeting. A a4 Mayor of th City of Moorpark, California ATTEST: -11-