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HomeMy WebLinkAboutMIN 1986 1006 CC REGMINUTES OF THE CITY COUNCIL Moorpark. California October 6. 1986 The regular meeting of the City Council of the City of Moorpark, California was held on October 6, 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 7:25 p.m. by Mayor Ferguson. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Woolard. 3. ROLL CALL PRESENT: Councilmembers James Hartley, Albert Prieto, Danny Woolard Leta Yancy- Sutton and Mayor Thomas Ferguson Steven Kueny, City Manager; Mark C. Allen, Jr., Acting City Attorney; R. Dennis Delzeit, City Engineer; Richard Morton, Acting Director of Community Development; Mike Rubin, Senior Planner; Diane Eaton, Associate Planner; Thomas Genovese, Administrative Assistant; Gerald Forde, Administrative Assistant; and Lucinda Robertson, Acting Recording Secretary 4. APPROVAL OF MINUTES 4.A. Councilmember Hartley indicated the minutes concerning Item 10.E. should state he excused himself from the dais due to his unfamiliarity with the previous discussion concerning the matter. Motion by Councilmember Yancy- Sutton, seconded by Councilmember Prieto, to approve the Minutes of September 15, 1986 as amended, carried, unanimously. 5. PROCLAMATIONS /COMMENDATIONS AND SPECIAL PRESENTATIONS S.A. Mayor Ferguson proclaimed the week of October 14 through 18, 1986 "Child Care Week" in acknowledgement and recognition of the need for quality child care. 5.B. Mayor Ferguson proclaimed the week of October 12 through 18, 1986 "United Way Week "; the proclamation was accepted by Dick Kernan, representing United Way of Ventura County. S.C. Mayor Ferguson proclaimed the week of October 5 through 11, 1986 "Fire Prevention Week ". 5.D. Mayor Ferguson proclaimed the week of October 20 through 24, 1986 "Water Awareness Week ". minutes of the_ j ty_Council Moorpark, -Cal i form a - 2 -October 6,-=1986 S.E. Mayor Ferguson presented a Certificate of Appreciation for Assistance with the City of Moorpark "Neighborhood Clean-Up Project" to th-e Moorpark Jaycees, Solid-Waste Management, Inc. , G.I. Rubbish, and William Morris. 5.F. Mayor Ferguson presented a Certificate of Appreciation to Planning Commissioner Dan Claffey for his assistance in designing Monte Vista Nature Park. 6. COMMENTS FROM THE PUBLIC 6.A. Mary Redus Gayle, 350 N. Lantana Street, No. 217, Camarillo, Attorney at Law, representing Pardee Construction Company, requested zone clearance and issuance of building permits for fifty one units in Tract 2865-3, located south of Tierra Rejada Road; stated the legality of imposing limits on building permits by any means other than an - Ordinance is questionable and denies the developer who has met all conditions his entitled permits. 6.B. Leonard Frank, 10880 Wilshire Blvd, Los Angeles, representing Pardee Construction Company, submitted a phasing map and tables summarizing the anticipated North View absorption schedule and cumulative absorption for Tract 2865-3; requested zone clearance and issuance of permits for Tract 2865-3. 6.C. Tom Zanic, 520 Broadway, Santa Monica, representing Urban West, requested issuance of zone clearance for Tracts 4140, 4141, and 4142; reported state law provides when local legislature approves a vested tentative tract map development should be allowed to proceed. Council directed staff to examine the vested tentative tract map Ordinance and report back later in the meeting. 6.D. Ron Wilson, 971 Westlake Blvd, Westlake Village, representing Lincoln Property Company, requested consideration for building permits for the proposed development of one hundred and thirty six apartment units on Moorpark Road; City Manager Kueny advised Mr. Wilson building permits have been approved for this project based upon City Council action on September 15, 1986. 6.E. Tom Baldwin, 6475 Pepperdine Circle, Moorpark, commented in opposi- tion to Planning Commissioner James Keenan's involvement and voting on issues where possible conflict of interest exists due to Mr. Keenan's employment as President of Golden West Property Management Company; requested Council and staff investitage and resolve the problem due to Mr. Keenan's current candidacy for City Council . Council directed the matter be referred to the City Attorney. 6.F. Jim Keenan, 14961 Campus Park Drive, Moorpark, stated Phase III of Tract 3070 was approved prior to his appointment on the Planning Commission, conflict of interest cannot exist until future phases go to bid at which time a determination concerning potential conflict of interest will be made; stated any contract bid found within the jurisdiction of having potential conflict of interest will be withdrawn by himself or the company. Minutes of the City Council Moorpark, California 3 October 6, 1986 6.G Robert G. Ward, 4875 Moorpark Road, Moorpark, controller and general counsel representing A -C Construction, requested staff be directed to provide payment to A -C Construction for Job No. 937 -86, Moorpark Road repair. City Engineer Delzeit reported staff has not received a soils engineering report satisfactory to what is specified by the City, specific information has not been provided to address questions of staff concerning long -term effects of the material used in the com- pact fill, and the project still has not been constructed to the City's bid specifications; ; stated payment will be made when this information is received. Councilmember Hartley excused himself from the dais at 8:42 p.m.; returned at 8:45 p.m. Motion by Mayor Ferguson, to direct staff to provide payment to A -C Construction or write letter of explanation for non - payment, seconded by Councilmember Woolard, failed 2 -3, Councilmembers Hartley, Prieto and Yancy- Sutton dissenting. Motion by Councilmember Prieto, to direct staff to provide a report at the next regular City Council meeting, seconded by Councilmember Woolard, carried unanimously. Council recessed at 9:00 p.m. and reconvened at 9:18 p.m. 7. PUBLIC HEARINGS 7.A. Annual Slurry -Seal Program HEARING was opened for public comment regarding the Annual Slurry -Seal Program. Residents and property owners in the proposed project area were mailed letters notifying them of the project and Public Hearing as previously directed by the City Council. City Engineer Delzeit presented the staff report, project schedule and information, and requested authorization to advertise for bids; introduced Bert Rapp, Project Engineer for the program. Councilmember Hartley requested the project be placed on hold during Christmas vacation (two weeks) due to traffic and school recess. There were no Speaker or Public Statement cards submitted concerning this hearing. Motion by Councilmember Yancy- Sutton to close the Public Hearing was so ordered by Mayor Ferguson. Motion by Councilmember Yancy- Sutton to authorize the advertisement for bids for the construction of the Annual Slurry -Seal Project, seconded by Councilmember Hartley, carried unanimously. Minutes of the City Council Moorpark California 4 October 6 1986 7.B. Draft Noise Element HEARING having been advertised as required by law was re- opened regarding the draft Noise Element. Senior Planner Michael Rubin presented the staff report., background informa- tion and recommended action. There were no Speaker or Public Statement cards submitted concerning this hearing. Mayor Ferguson closed the Public Hearing. Motion by Councilmember Yancy- Sutton that the Noise Element be adopted as amended by the Planning Commission, specifically exclude the sample noise ordinance and standard conditions of approval from the Noise Element document, and that the sample ordinance and conditions be referred back to the Planning Commission for review and recommendation to the City Council, seconded by Councilmember Hartley, carried unanimously. Motion by Councilmember Yancy- Sutton, to adopt Resolution No. 86 -343, adopting the Noise Element of the Moorpark General Plan, seconded by Councilmember Hartley, carried unanimously. (Agenda Item 8.B.) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, ADOPTING THE NOISE ELEMENT OF THE MOORPARK GENERAL PLAN 7.C. Development Plan Permit Nos. DP 338 -347 and DP 349 -353 (Annotti Associates ) (Continued from September 15, 1986 HEARING having been advertised as required by law was opened regarding the proposal for Development Plan Permit Nos. DP 338 -347 and DP 349 -353 (Annotti Associates). Associate Planner Eaton presented the staff report and recommendation. Councilmember Hartley requested staff investigate feasibility of imposing conditions to require the widening of Maureen Lane and provide a traffic signal upon the project's attainment of fifty percent occupancy in order to mitigate future traffic impacts. Councilmember Yancy- Sutton requested staff investigate method for policy of proportionate reimbursement from future adjacent property owners benefit- ing from street and off -site improvements funded by a prior developer. Motion by Councilmember Yancy- Sutton to adopt the Mitigated Negative Declaration for DP 338 -347 and DP 349 -353, seconded by Councilmember Hartly, carried 4 -1, Councilmember Woolard dissenting. Motion by Councilmember Yancy- Sutton to direct staff to prepare a Resolution approving Development Plan Permit Nos. DP 338 -347 and DP 349 -353 subject to the recommendations as modified for consideration by the City Council at it's next regular meeting, seconded by Councilmember Hartley, carried 4 -1, Councilmember Woolard dissenting. Minutes of the City Council Moorpark, California 5 October 6, 1986 Council recessed at 10:45 p.m. and reconvened at 10:58 p.m. 7.D. Revised Sign Code HEARING having been advertised as required by law was opened regarding the revised Sign Code and recommendations of the Sign Committee. Acting Director of Community Development Richard Morton presented the staff report and recommendation. Paul Tryon, 601 Daily Drive, Camarillo, representing BIA, requested adoption of the proposed Sign Code be continued in order to analyze the changes and recommendations of the Sign Committee and discuss the issues and criteria with staff. Motion by Councilmember Yancy- Sutton to close the Public Hearing was so ordered by Mayor Ferguson. Motion by Councilmember Yancy- Sutton to approve the Negative Declaration concerning the revised Sign Code, seconded by Councilmember Hartley, carried unanimously. Motion by Councilmember Yancy- Sutton to direct staff to prepare the proposed revised Sign Code in Ordinance form including amendments to the Sign Committee additions: No. 4B. shall include "residential" before the word "...community," and No. 5 to include "and industrial after "In AG.. "; staff to work with BIA and report back to Council in ninety days, seconded by Councilmember Hartley, carried unanimously. 7.E. Home Occupation - Revision of Zoning Ordinance Mayor Ferguson directed this hearing be continued to October 20, 1986. There were no Speaker or Public Statement cards submitted. 7.F. Temporary Fruit Stands - Revision to Zoning Ordinance Mayor Ferguson directed this hearing be continued to October 20, 1986. There were no Speaker or Public Statment cards submitted. 8. ORDINANCES /RESOLUTIONS B.A. Introduction of Ordinance No. 81, Providing for the Regulation and Use of Public Parks and Recreation Facilities Motion by Councilmember Yancy- Sutton that the following Ordinance No. 81 be read in title only, further reading be waived, and if no objection it be introduced with additions to Section 11.02.040 as follows: "except as permitted in the Moorpark Community Center with the issuance of an approved City permit' and Section 11.02.120 as follows: unless in areas specifically designated for such purposes ", seconded by Councilmember Hartley, carried unanimously. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, PROVIDING FOR THE REGULATION AND USE OF PUBLIC PARKS AND RECREATION FACILITIES WITHIN THE CITY OF MOORPARK Minutes of the City Council Moorpark, California 6 October 6, 1986 8.B. Deferred to Item 7.B. 8.C. Resolution Adopting Rules and Regulations and Fee Schedule for Park Facilities City Manager Kueny requested the Resolution be referred back to Parks and Recreation for report back to Council. 8.D. Resolution No. 86 -344 Establishinq Speed Limit on Walnut Creek Road A RESOLUTION OF THE CITY OF MOORPARK APPROVING THE ESTABLISHMENT OF A SPEED LIMIT AND THE POSTING OF SPEED LIMIT SIGNS ON WALNUT CREEK ROAD Motion by Councilmember Yancy- Sutton to adopt Resolution No. 86 -344, seconded by Councilmember Hartley, carried unanimously. 8.E. Resolution No. 86 -345 Amending Salary Plan Concerning Position of Director of Community Development A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOOPARK, CALIFORNIA, AMENDING RESOLUTION NO. 86 -328 (THE SALARY PLAN) OF SAID CITY, CONCERNING THE POSITION OF DIRECTOR OF COMMUNITY DEVELOPMENT Motion by Councilmember Yancy- Sutton to adopt Resolution No. 86 -345, seconded by Councilmember Prieto, carried 4 -1, Mayor Ferguson dissenting. 9. COMMENTS FROM COUNCILMEMBERS 9.A. Councilmember Hartley recommended agenda items not needing to addressed be continued. 9.B. Councilmember Hartley commented regarding letter from the Moopark School District Board requesting regular meetings be scheduled between the School District Superintendent and the City Manager in order to achieve an open avenue of communication. So ordered. 9.C. Councilmember Hartley requested the City Engineer to evaluate funding sources for installation of traffic signals on Hwy 118 for staggered traffic flow between Moorpark Avenue and Tierra Rejada. So ordered. 9.D. Councilmember Hartley suggested installation of barrier posts east of B &B Market /Poindexter and no parking without owner permission posted to alleviate 18- wheeler truck parking nuisances. Staff was directed to report available options. 9.E. Councilmember Hartley recommended cross walks be painted at north and east portions of school site, Peach Hill Road and Christian Barrett Street. Staff was directed to re -paint if cross walks are already in place. 9.F. Councilmember Prieto requested status on railroad crossing improvements; staff reported authorization has been received and design work will begin upon approval of the grading plan. Minutes of the City Council Moorpark, California 7 October 6, 1986 9.G. Councilmember Prieto inquired regarding the status of the Kavlico project; City Engineer Delzeit reported his office is presently requiring compliance with the grading plan condition including erosion control measures. 9.H. Councilmember Yancy- Sutton requested a "Caution, Children at Play" sign be erected on Maureen Lane; the City Engineer was directed to report back. 9.I. Councilmember Yancy- Sutton requested CalTrans be notified that the "No Parking" sign has been removed the east side of Moorpark Avenue between Second and Third Street. 9.J. Councilmember Woolard reported a disabled vehicle was towed away by the Sheriff's Department after being parked over seventy -two hours however a warning was not given to the owner standing next to the car at the time. Requested the towing policy be adjusted to incorporate warnings. 9.K. Councilmember Woolard reported notification letters were sent out regarding the 118 Summit meeting on October 13, 1986 meeting, 7:00 p.m. at Moorpark City Hall and responses have been received; requested staff draft statistical data for presentation at the meeting. Councilmember Woolard and Mayor Ferguson will attend the meeting. 9.L. Councilmember Woolard requested clarification concerning Moorpark representation on the Highway 118 Widening Committee; Councilmember Yancy- Sutton acknowledged attendance and interest; Councilmember Woolard requested City Councilmembers not represent the City without proper Council authorization. 9.M. Mayor Ferguson requested staff provide a public statement /written statement concerning authorization for funding of a work related trip of two Councilmembers and the City Manager to New York. 9.N. Mayor Ferguson requested staff be instructed to lift ceiling imposed on residential building permits by Council action on September 15, 1986 and issue permits to developers as applied for or impose a moratorium by Ordinance. Councilmember Yancy- Sutton excused herself from the dais at 12:50 a.m. Staff reported the City Ordinance states vested tentative tract maps are subject to the same limitations /conditions and does not allow vested interest or special consideration; recommended if building permits are to be withheld a moratorium be established by Ordinance. Council adjourned to CLOSED SESSION at 1:12 a.m. concerning possible litigation and moratorium on residential building permits; Councilmember Yancy- Sutton was absent from the Closed Session. Council reconvened at 1:28 a.m. Motion by Mayor Ferguson to direct staff to issue two hundred and forty - two building permits to Urban West Communities and fifty -one building permits to Pardee Construction Company, seconded by Councilmember Hartley, carried 3 -1, Councilmember Prieto dissenting and Councilmember Yancy- Sutton absent. Minutes of the City Council Moorpark, California 8 October 6, 1986 Councilmember Yancy- Sutton returned to the dais at 1:30 a.m. 10. STAFF REPORTS - ACTION ITEMS 10.A. Continued to October 20, 1986 10.B. Continued to October 20, 1986 10.C. Continued to October 20, 1986 10.D. Continued to October 20, 1986 10.E. 1986 Single- Family Mortgage Revenue Bond Program - Refund of Program Deposit Charles Street, Limited City Manager Kueny presented the staff report. Motion by Councilmember Hartley to authorize termination of the Program Deposit Agreement with Charles Street, Limited and return of the program deposit for the proposed 1986 Single - Family Mortgage Revenue Bond issue, less $100 to cover related processing costs, seconded by Councilmember Prieto, carried unanimously. 10.F. Continued to October 20, 1986 10.G. Continued to October 20, 1986 10.H. Continued to October 20, 1986 10.1. Continued to October 20, 1986 10.J. Denial of Application to Present Late Claim City Manager Kueny presented the staff report concerning the request to file a late claim pursuant to Government Code Section 911.4, received by the City on September 2, 1986 (Youngs). Motion by Councilmember Hartley to deny the request to present a late claim by Wayne Allen Young et al, seconded by Councilmember Woolard, carried unanimously. 10.K. November 4, 1986 Election Results (Added Report) City Manager Kueny presented the staff report and recommendation for authorization of funds to install an election terminal in the Moorpark City Hall for direct receipt of election information /status and results from Ventura County Elections Division on November 4, 1986. So ordered. 11. STAFF REPORTS - INFORMATION ITEMS 11.A. Continued 11.B. Continued 11.C. Continued Minutes of the City Council Moorpark, California 9 October 6, 1986 12. CONSENT CALENDAR 12.A. Aparoval of Warrant Reqister Prepaid Warrants No. 3796 through 3806 in the amount of $ 15,770.65 Payable Warrants No. 3807 through 3882 in the amount of $ 91,973.16 Total Amount of Warrants $107,743.81 12.B. Exoneration of Cash Deposit for DP -319 (Annotti) 12.C. Exoneration of Bond for Tract Nos. 2194 -1 and 2194 -2 (Peach Hill Associates 12.D. Exoneration of Letter of Credit for RPD -999 (Century Homes, Inc.) 12.E. Acceptance of Public Improvements and Exoneration of Cash Deposit for PD -1007 Mendoza Motion by Councilmember Yancy- Sutton, seconded by Councilmember Woolard, to approve the Consent Calendar, carried unanimously. 13. FUTURE AGENDA ITEMS 14. CLOSED SESSION 15. ADJOURNMENT There being no further business to come before the Council, Mayor Ferguson adjourned the meeting at 1:38 a.m. to the next regular City Council meeting scheduled for October 20, 1986 at 7:00 p.m. X. h mas Ferguson, Mayor Moorpark, California ATTEST: APPROVED: