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HomeMy WebLinkAboutMIN 1986 0721 CC REGMoorpark, California July 21, 1986 A regular meeting of the City Council of the City of Moorpark, California, was held on July 21, 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 7:11 p.m. with Mayor Ferguson presiding. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Prieto. 3. ROLL CALL Present: Councilmembers Albert Prieto, Danny Woolard, Leta Yancy- Sutton and Mayor Thomas Ferguson Absent: None Other City Officials and Staff Present: Steven Kueny, City Manager; Cheryl J. Kane, City Attorney; Richard Morton, Director of Community Development; Lt. Brown, Sheriff's Department; John Knipe, Assistant City Engineer; Thomas P. Genovese, Administrative Assistant; and Eva Marie Crooks, Deputy City Clerk. 4. APPROVAL OF MINUTES 4.A. Special Meeting of June 29, 1986 Motion by Councilmember Yancy- Sutton, seconded by Councilmember Prieto, to approve the minutes of the Special Meeting of June 29, 1986, carried unanimously. 5. PROCLAMATIONS /COMMENDATIONS AND SPECIAL PRESENTATIONS 5.A. Oath of Office of Appointed Member of the City Council At this time, James Hartley was given the oath of office and sworn in as City Councilmember by the Deputy City Clerk. 5.B. Special Commendation to James D. Weak The Commendation Resolution to James D. Weak was read by Mayor Ferguson. The resolution and a City of Moorpark plaque were accepted by Mrs. James D. Weak. 6. COMMENTS FROM THE PUBLIC Lin Graf, 12684 Spring Creek, Moorpark, was concerned that the Ad Hoc Design Standard Committee was never informed of the Planning Commission hearing at which their sign ordinance had been presented and the ordinance was changed by staff after the Committee had made recommendations. He felt more staff input was needed at the work sessions. -1- City Council Meeting July 21, 1986 The Community Planning Director indicated that although the sign ordinance was submitted to the Planning Commission at their last meeting, there was no discussion. He said he submitted a report and analysis along with the complete Committee report to the Planning Commission. Victor Richard, 15750 -168 Los Angeles Avenue, Moorpark, resident of Villa Del Arroya Mobile Home Park, stated the speed sign in front of the mobile home park hasn't been put up yet. The Administrative Assistant indicated it would be installed this week. A discussion followed regarding Councilmember Woolard's concern about police blockade procedures after an accident or during an emergency. Lt. Brown answered questions and briefed the Council on the emergency procedures. Joe Intiso, 15750 Los Angeles Avenue, Moorpark, requested that Item 11.A be taken out of order at an earlier time. Tina May 13853 E. Los Angeles Road, Moorpark, stated that before there is any more major development, hazardous road conditions on Highway 118 need to be improved. John Galloway, 338 Sierra Avenue, Moorpark, submitted a letter to the Council which he read requesting adoption of a specific plan on each general plan amendment proposal which involve parcels greater than five gross acres. Eloise Brown, 13193 E. Annette Street, asked that Item 7.0 be taken out of order earlier in the evening. AnnaBell Sessler, 6061 Gabbert Road, Moorpark, spoke in favor of a park to be located on vacant railroad property in downtown area. Motion by Councilmember Yancy- Sutton, seconded by Councilmember Hartley, to hear Item 7.0 prior to Item 7.A, carried unanimously. Motion by Councilmember Hartley, seconded by Councilmember Yancy- Sutton, to hear Item 11.A after 7.0 and 9.A after 11.A or 7.C, carried unanimously. 9. COMMENTS FROM COUNCILMEMBERS 9.A. Nominations for Planning Commission Motion by Councilmember Prieto was seconded by Councilmember Yancy- Sutton to appoint Jeff Rosen to the Planning Commission. Councilmember Hartley moved to close the nominations and the Mayor so ordered nominations closed. Motion to appoint Jeff Rosen to the Planning Commission, carried unanimously. -2- City Council Meeting July 21, 1986 9.B. Nominations for Ad Hoc Design Review Committee Motion by Councilmember Hartley, seconded by Councilmember Yancy- Sutton, to appoint John Newton to the Ad Hoc Design Review Committee, carried unanimously. 7. HEARINGS 7.C. Negative Declaration for Lighting at Peach Hill Park The staff report was presented by the Administrative Assistant. Mayor Ferguson opened the public hearing. Robert Schwab, 13131 Honeybee Street, Moorpark, said he represented homeowners who live near Peach Hill Park, and they oppose the softball field lighting after 9:30 p.m. and would like to limit the lighting to five nights a week. Charles Peart, 13290 Quail Summit, Moorpark, indicated he opposed the softball field lighting. Bernardo Perez indicated he was in favor of the lighting in the softball field because people who commute to Los Angeles as he does, cannot use the park until later in the evening. Mayor Ferguson closed the public hearing. Motion by Councilmember Yancy- Sutton, seconded by Councilmember Hartley to find that the proposed project will not have a significant effect on the environment and approve the Negative Declaration as having been completed in compliance with the State CEQA Guidelines, carried unanimously. Motion by Councilmember Yancy- Sutton, seconded by Councilmember Hartley, to adopt the proposed findings and approve the installation of playfield lighting for Peach Hill Park, carried unanimously. Councilmember Yancy- Sutton stated that the Parks and Recreation Commission should look into adding lights to the other parks in the City. Councilmember Hartley indicated he concurred with Councilmember Yancy- Sutton and recommended that the soccer field lights be turned off earlier to reduce the northern lighting in the park as soon as possible. 11. STAFF REPORTS - INFORMATION ITEMS 11.A. Report on Grading and Notification Process for Tentative Tract 4037 (Calpro The City Manager presented the staff report. -3- City Council Meeting July 21, 1986 Rose Ann Brodsky, 4771 Justin Court, Moorpark, indicated she disagreed with the memorandum from Michael Rubin, dated July 16, 1986, regarding the problems with the Calprop Project and stated that the memo did not explain the problems of the hearing notification to property owners. Steve Brodsky, 4771 Justin Court, Moorpark, stated the developers should not be allowed to alter their original plans. He said he received no answers from the City regarding grading, drainage, fencing and maintenance. Robin Stone, Calprop, indicated there would be a problem with changing plans from two to one story homes because the one story homes are all the same design plan and it would look monotonous side by side. It was the consensus of the Council that this matter be worked out between the developer and the homeowners. Mayor Ferguson recessed the meeting from 8:58 to 9:16 p.m. 7. HEARINGS (CONTD.) 7.A. Adoption of Uniform Building Codes The City Manager presented the staff report. Mayor Ferguson opened the public hearing. There being no one present to give public testimony, the Mayor closed the hearing. The City Attorney presented Ordinance No. 75. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING SECTION 8.01.001 OF TITLE 8 OF THE MOORPARK MUNICIPAL CODE AND ADOPTING BY REFERENCE THE CURRENT EDITIONS OF CERTAIN MODEL CODES AS FOLLOWS: UNIFORM BUILDING CODE, 1985 EDITION; UNIFORM BUILDING CODE STANDARDS, 1985 EDITION; UNIFORM HOUSING CODE, 1985 EDITION; UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1985 EDITION; NATIONAL ELECTRICAL CODE, 1984 EDITION; UNIFORM PLUMBING CODE, 1985 EDITION; AND THE UNIFORM MECHANICAL CODE, 1985 EDITION, TOGETHER WITH AMENDMENTS THERETO; AND THE VENTURA COUNTY BUILDING CODE. Motion by Councilmember Woolard, seconded by Councilmember Yancy- Sutton that further reading of Ordinance No. 75 be waived, carried unanimously. Motion by Councilmember Woolard, seconded by Councilmember Yancy- Sutton, that Ordinance No. 75 be adopted, carried unanimously. 7.B. Tentative Tract No. 3049, PD -1057 (U. S. Condominium Corp.) Councilmember Yancy- Sutton indicated she would abstain from discussion and voting because of a possible conflict of interest. Carol Waldrop, Sage Institute, Inc., presented the staff report. -4- City Council Meeting July 21, 1986 The following representatives from U. S. Condominium Corp. presented the plans for the project: Rob Dick, Vice President, U. S. Condo, 1562 N. Arnaz, Los Angeles, CA Howard Leach, Leach - Kehoe- Harris -Glade Architects, 1885 Knoll Drive, Ventura, CA Joel Silverman, JSA Engineering, 20300 Ventura Blvd., Woodland Hills, CA Tom Montgomery, Traffic Engineer, 2151 Allesandro Dr. #210, Ventura, CA Ted Green, 15354 East Benwood Drive, Moorpark, indicated he was in favor of the project. Mayor Ferguson recessed the meeting from 10:45 to 10:59 p.m. the following speakers indicated they opposed the project: John Roberts, 14419 E. Loyola, Moorpark, CA Carl D. Danko, 14359 E. Loyola, Moorpark, CA Jim Wolff, 6740 Westwood Street, Moorpark, CA David Grove, 14418 E. Loyola, Moorpark, CA Rosemary Grove, 14418 E. Loyola, Moorpark, CA Michael Schierle, 17516 E. Loyola, Moorpark, CA Natalie Schierle, 14516 E. Loyola, Moorpark, CA Craig Sperry, 44404 E. Amherst St., Moorpark, CA Mary Roberts, 14419 E. Loyola, Moorpark, CA Jason Castro, 6645 Westwood, Moorpark, CA Tom Baldwin, 6775 Pepperdine, Moorpark, CA Elizabeth Brossard, 14442 E. Loyola, Moorpark, CA Mark Spadaro, 6677 Westwood, Moorpark, CA Phillip Fleming, 6876 N. Auburn Circle, Moorpark, indicated that after obtaining information regarding the project presented this evening, he did not oppose it. Bill Mitchell, 6440 N. Berkeley Circle, Moorpark, Highway 118 Improvement Assoc., indicated no development should be built until the Highway 118 is improved. Rob Dick, U. S. Condo, presented his rebuttal and answered Council questions. Mayor Ferguson closed the public hearing. Motion by Councilmember Woolard, seconded by Councilmember Hartley, to approve the Negative Declaration, carried with Councilmember Prieto dissenting and Councilmember Yancy- Sutton absent. Motion was made by Councilmember Woolard, seconded by Councilmember Hartley, to approve Tract 3049, RPD 1057 with the following chanRes.to the recommended conditions and subject to approval by the Council of a Resolution incorporating all of the changes: 1. Conditions 29 and 38, relating to grading to be combined and that erosion controls be required during the rainy season; 2. Add '. appearance of retaining wall should be decorative and approved by the Director of Community Development'; -5- City Council Meeting July 21, 1986 3. Occupancy on the north side precluded until the traffic signal at ..Princeton Ave. and 118 is activated, but if not installed by June, 1987, City Council may waive the requirement; 4. Access alternate to be a private street with 36 foot right -of -way and that staff make recommendation for rolled berm or gutter and curb; 5. In lieu of Los Angeles AOC funds an equivalent fee to be paid to the Alternate Route Fund; by a 4/5 Council vote, these funds may go to the L. A. Avenue AOC fund; 6. Add to bylaws that parking spots be available to anybody with a recreational vehicle; and 7. -Condition be included for Sheriff's and Fire Departments access onto the private road; and that the Council adopt the findings of the staff report. Motion carried with Councilmember Prieto dissenting and Councilmember Yancy- Sutton absent. Mayor Ferguson recessed the meeting from 1:06 to 1:17 a.m. A discussion followed on clarification of private and public streets and the objection to installing a spa for the development. which will be determined when the Resolution is considered. Councilmember Yancy- Sutton returned to the meeting at 1:29 a.m. 7.D. Environmental Consideration Regarding Proposed Ballot Measure Mayor Ferguson opened the public hearing. No one was present to speak on this item and Mayor Ferguson closed the public hearing. Motion by Councilmember Yancy- Sutton, seconded by Councilmember Prieto, to find on the basis of the initial study that there is no substantial evidence that the project would have a significant effect on the environment and approve the Negative Declaration, carried unanimously. 8. ORDINANCES /RESOLUTIONS 8.A. Adopt Ordinance No. 78, Amending the Moorpark Municipal Code by Adding Chapter 14.16 Relative to Newsracks Councilmember Hartley left the room at 1:38 a.m. Dan Schmidt, Mirror Newspaper, P.O. Box 3,-Moorpark, indicated he objected to the requirement for brown or woodgrain panels and that the newsracks should be allowed near condos and mobile home parks. He asked the Council not to implement the ordinance. The City Attorney presented Ordinance No. 78. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE MOORPARK MUNICIPAL CODE BY ADDING CHAPTER 14.16 RELATIVE TO NEWSRACKS. Motion by Councilmember Woolard, seconded by Councilmember Yancy- Sutton, to waive further reading of Ordinance No. 78, carried unanimously with Councimember Hartley absent. mom City Council Meeting July 21, 1986 Motion by Councilmember Yancy- Sutton, seconded by Councilmember Woolard, to adopt Ordinance No. 78, carried unanimously with Councilmember Hartley absent. Councilmember Hartley returned to the meeting at 1:40 a.m. 8.B. Resolution No. 86 -329, Amendment for Consideration and Selection of Mayor and Amending Rules of Conduct Regarding Closed Sessions Councilmember Woolard requested Section 3.1, paragraph 3, be changed to "If the Mayor resigns the Mayor seat or his /her seat otherwise becomes vacant, effective immediately, the Mayor Pro Tem shall become Mayor for the remainder of the one -year term and a new Mayor Pro Tem shall be elected by the City Council for the remainder of the one year term. Motion by Councilmember Yancy- Sutton, seconded by Councilmember Woolard, to adopt Resolution No. 86 -329, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING SUBSECTIONS 2.1 OF SECTION 2 AND SUBSECTION 3.1 OF SECTION 3 OF RESOLUTION NO. 85 -160 OF SAID CITY, PERTAINING TO RULES OF PROCEDURE FOR COUNCIL MEETINGS. with the above change to Section 3.1, paragraph 3, carried unanimously. 9. COMMENTS FROM COUNCILMEMBERS Councilmember Hartley indicated he had a discussion with Assemblyman McClintock regarding feasibility of improvement /joint -use improvement of old Los Angeles Avenue. Councilmember Prieto indicated there are a large number of street lights burned out throughout the City. Councilmember Woolard said he would like the City to investigate the bill proposed by Assemblyman Cathie Wright to have the State pay $10,000 for the Madera Road improvements and see whether the same could be done for the railroad crossing at Moorpark Road. Councilmember Woolard said he would like to ask the State to paint a double line on Highway 118 all the way to Freeway 23, Mayor Ferguson spoke regarding the AC Construction Job No. 86 -659 and the disposal of material and fill placement. He questioned the warning of noncompliance issued to AC Construction by the City. Bob Boord, AC Construction, Inc. was available for questions. It was the consensus of the Council to direct staff to contact the railroad regarding incorrect dumping and that the City Engineers trench to check the method of placement of fill on Job 86 -659 and report back. -7- City Council Meeting July 21, 1986 10. STAFF REPORTS - ACTION ITEMS 10.H. Agreement to Construct Improvement and Approval of Final Maps for Tract No. 4142 -1 (Urban West) Councilmember Yancy- Sutton indicated she would abstain because of conflict of interests. Motion by Councilmember Hartley, seconded by Councilmember Woolard, to approve staff recommendation to approve the final map, authorize the Mayor to sign the title sheet accepting for public use the right -of -way for all streets and easements for public service purpose, authorize the Mayor to sign the agreements for Construction of Subdivision Improvements and the Subdivision Sewer Agreement for the tract; carried with Councilmember Yancy- Sutton abstaining. 11. STAFF REPORTS INFORMATION ITEMS ll.C. Revised Grading Plan (Kavlico) - DP 318 It was the consensus of the Council to concur with the staff report, dated July 14, 1986, from Dennis Delzeit, City Engineer. 10. STAFF REPORTS - ACTION ITEMS 10.E. Pavement Overlav Award Motion by Councilmember Woolard, seconded by Councilmember Prieto, to award the contract to Camino Contracting for Alternative No. 1, in the amount of $357,588.17, carried unanimously. Motion by Councilmember Yancy- Sutton, seconded by Councilmember Woolard, to transfer $117,948 from the Gas Tax Fund with a 10% contingency, carried unanimously. 12. CONSENT CALENDAR 12.A. Approval of Warrant Register Prepaid Warrants Nos. 3452 through 3461 in the amount of $22,643.05 and Payable Warrants No. 3462 through 3517 in the amount of $52,812.53 for the total amount of $75,455,58. Motion by Councilmember Woolard, seconded by Councilmember Yancy- Sutton to approve the Consent Calendar, carried unanimously. Motion by Councilmember Hartley, seconded by Councilmember Woolard to adjourn to Monday, July 28, 1986 at 7:00 p.m., carried unanimously. City Council Meeting July 21, 1986 Mayor Ferguson adjourned the meeting at 3:40 M. W MAYOR OF TA CITY OF MOOR ARK, CALIFORNIA ATTEST: DEPUTY CITY CLERK MOM