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HomeMy WebLinkAboutMIN 1986 1117 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California November 17. 1986 The regular meeting of the City Council of the City of Moorpark, California was held on November 17, 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 7:16 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; Cheryl J. Kane, City Attorney; Dennis Delzeit, City Engineer; Lt. Mike Brown, Sheriff's Department; Pat Richards, Director of Community Development; John Knipe, Assistant City Engineer; Mike Rubin, Senior Planner, Gerald Forde, Administrative Assistant; Thomas Genovese, Administrative Assistant; and Lucinda Robertson, Recording Secretary 4. APPROVAL OF MINUTES 4.A. Motion by Councilmember Yancy- Sutton, seconded by Councilmember Hartley, that the minutes of the regular meeting of October 20, 1986, be approved as recorded, carried unanimously. 4.B. Motion by Councilmember Prieto, seconded by Councilmember Woolard, that the minutes of the adjourned meeting of October 27, 1986, be approved as recorded, carried unanimously. 4.C. Councilmember Prieto stated the minutes of November 3, 1986, Items 10.C. and 10.E, are in error and should be amended to show Mayor Ferguson with dissenting votes. Motion by Councilmember Prieto, seconded by Councilmember Hartley, that the minutes of the regular meeting of November 3, 1986, be approved as amended, carried unanimously. 4.D. Motion by Councilmember Woolard, seconded by Councilmember Hartley, that the minutes of the special meeting of November 10, 1986, be approved as recorded, carried unanimously. 5. PROCLAMATIONS /COMMENDATIONS AND SPECIAL PRESENTATIONS 5.A. Bobbi Fiedler, former 21st Congressional District Representative, presented the City Council with a Certificate of Appreciation, extended congratula- tions to the newly elected officials and commended the City on its tremendous progress. Mayor Ferguson accepted the Certificate on behalf of the City Council and presented Ms. Fiedler with a Plaque in honor of her service as a member of Congress. Minutes of the City Council Moorpark, California 2 _ November 17, 1986 5.B. Mayor Ferguson proclaimed the week of November 23 through 29, 1986 "1986 California Family Week ". 6. CERTIFICATION OF ELECTION RESULTS GENERAL MUNICIPAL ELECTION, NOVEMBER 4, 1986 SPECIAL MUNICIPAL ELECTION, NOVEMBER 4, 1986 6.A. Presentation of County Clerk's Certification The City Manager presented the Statement of Election Results, dated November 17, 1986, signed by Richard D. Dean, County Clerk of Ventura County, certifying the true and correct canvass of votes cast for the office of Council Member and three ballot measures for the City of Moorpark General and Special Municipal Elections, consolidated with the General Election held on November 4, 1986, and copies of said certificates are incorporated herein as follows: STATEMENT OF ELECTION RESULTS (Elections Code Sections 17088 and 22933) CITY OF MOORPARK GENERAL MUNICIPAL ELECTION NOVEMBER 4, 1986 STATE OF CALIFORNIA ) ss. COUNTY OF VENTURA ) I, RICHARD D. DEAN, County Clerk of the County of Ventura, State of California, do hereby certify that the attached is a true and correct Canvass of the Votes Cast for the two offices of Member of the City Council (Full Term) for the City of Moorpark General Municipal Election consolidated with the General Election held on November 4, 1986. I further certify that the total Ballots Cast at the City of Moorpark General Municipal Election are as follows: PRECINCT BALLOTS CAST 4,249 ABSENTEE BALLOTS CAST 443 TOTAL BALLOTS CAST 4,692 I I further certify that the total votes cast for 'the two offices of Member of the City Council (Full Term) are as follows: MEMBER OF THE PRECINCT ABSENTEE TOTAL CITY COUNCIL VOTE VOTE VOTE CLINT HARPER 1,573 134 1,707 E. A. "ELOISE" BROWN 1,521 142 1,663 JOHN PATRICK LANE, JR. 1,422 175 1,597 JOHN E. WOZNIAK 1,022 94 1,116 LETA YANCY- SUTTON 887 96 983 ALBERT PRIETO 785 94 879 WAYNE J. JONES 257 35 292 MICHAEL A. THOMAS 168 23 191 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this 17th day of Noveber, 1986. X--- ' i RICHARD D. DEAN County Clerk page 2(a) County of Ventura STATEMENT OF ELECTION RESULTS (Elections Code Sections 17088 and 22933) CITY OF MOORPARK SPECIAL MUNICIPAL ELECTION NOVEMBER 4, 1986 STATE OF CALIFORNIA ) ss. COUNTY OF VENTURA ) I, RICHARD D. DEAN, County Clerk of the County of Ventura, State of California, do hereby certify that the attached is a true and correct Canvass of Votes Cast for the office of Member of the City Council (Short Term) and Votes Cast For and Against Measures F, G, and H for the City of Moorpark Special Municipal Elections consolidated with the General Election held on November 4, 1986. I further certify that the total Ballots Cast at the City of Moorpark Special Municipal Election are as follows: PRECINCT ABSENTEE TOTAL BALLOTS CAST BALLOTS CAST BALLOTS CAST 4,249 443 4,692 I further certify that the total votes cast for the office of Member of the City Council (Short Term) and on Measures F, G, and H are as follows: MEMBER OF THE PRECINCT ABSENTEE TOTAL CITY COUNCIL VOTE VOTE VOTE JOHN GALLOWAY 1,466 133 1,599 BILL LA PERCH 1,100 110 1,210 JAMES KEENAN 939 94 1,033 TOM SCHLEVE 428 64 492 Page 2(b) PAGE TWO PRECINCT ABSENTEE TOTAL MEASURE -F VOTE VOTE VOTE - YES 2,110 214 2,324 NO 1,770 193 1,963 PRECINCT ABSENTEE TOTAL MEASURE G VOTE VOTE VOTE YES 1,929 204 2,133 NO 1,995 207 2,202 PRECINCT ABSENTEE TOTAL MEASURE H VOTE VOTE VOTE YES 1,251 158 1,409 NO 2,600 247 2,847 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this 17th day of November, 1986. a&ZaL RICHARD D. DEAN County Clerk County of Ventura Page 2(c) Minutes of the City Council Moorpark, California 3 November 17, 1986 6.B. Adoption of Resolution No. 86 -351, Declaring Results of General Municipal Election held November 4, 1986 The City Attorney presented Resolution No. 86 -351, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION, CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION HELD IN THE CITY ON NOVEMBER 4, 1986, AND DECLARING THE RESULT AND SUCH OTHER MATTERS AS REQUIRED BY LAW It was moved by Councilmember Woolard, seconded by Councilmember Yancy- Sutton that said Resolution No. 86 -351 be adopted, which motion carried unanimously. 6.C. Adoption of Resolution No. 86 -352, Declaring Results of Special Municipal Election held November 4, 1986 The City Attorney presented Resolution No. 86 -352, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION, CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION HELD IN THE CITY ON NOVEMBER 4, 1986, AND DECLARING THE RESULTS AND SUCH OTHER MATTERS AS REQUIRED BY LAW It was moved by Councilmember Yancy - Sutton, seconded by Councilmember Hartley, that said Resolution No. 86 -352 be adopted, which motion carried unanimously. 6.D. Presentations Mayor Ferguson read in full and presented to retiring Councilmembers Leta Yancy- Sutton, Albert Prieto and James A. Hartley plaques of commendation for their service to the City and the citizens of Moorpark. 6.E. Statements of Retiring Members of the City Council The retiring members of the City Council, Albert Prieto, Leta Yancy- Sutton and James A. Hartley, each made a statement regarding their tenure in office, thanked their families and friends for their support during their service and campaigns and offered congratulations to the newly elected members of the City Council who were to take office. 6.F. Oaths of Office of Elected Members of the City Council Deputy City Clerk Celia LaFleur administered the Constitutional Oath of Office to the newly elected members of the City Council, Clint Harper, Eloise Brown and John Galloway. 6.G. Seating of the Council The retiring members of the City Council then left the Council dais, and the newly sworn members were seated, the City Council as then constituted consisting of: Thomas C. (Bud) Ferguson Danny A. Woolard Eloise Brown John Galloway Clint Harper Minutes of the City Council Moorpark. California 4 November 17, 1986 6.H. Statements of New Members of the City Council The newly seated Councilmembers, Clint Harper, Eloise Brown and John Galloway then made statements to the public, thanking their constituents for their support during their campaigns and expressing their concerns and promises for the development of the City. 6.I. Reorganization of the City Council 1. Selection of Mayor It was moved by Councilmember Harper and seconded by Councilmember Woolard to nominate and appoint Thomas C. (Bud) Ferguson to serve another term as Mayor of the City of Moorpark and that nominations be closed, carried unanimously. Mayor Ferguson thanked the members of the City Council for the honor of serving another term as Mayor. 2. Section of Mayor Pro Tempore It was moved by Councilmember Brown, seconded by Councilmember Galloway to nominate and select Councilmember Woolard as Mayor Pro Tempore of the City of Moorpark and that nominations be closed, carried unanimously. 3. Meeting Dates Motion by Councilmember Galloway, seconded by Councilmember Woolard that Council meetings be held on the first and third Wednesdays of each month and that staff bring back adoptive Ordinance was withdrawn. City Attorney Kane advised the Council that an Ordinance may be read in full and introduced at this time. Motion by Councilmember Brown, seconded by Councilmember Harper to instruct the City Attorney to read Ordinance No. 85 in its entirety, carried unanimously. The City Attorney presented and read in its entirety Ordinance No. 85, entitled as follows: AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING SECTION 2.04.010 OF CHAPTER 2.04 OF TITLE 2 OF THE MOORPARK MUNICIPAL CODE, FIXING TIMES FOR REQUIRED COUNCIL MEETINGS Motion by Councilmember Woolard, seconded by Councilmember Brown that said Ordinance No. 85 be introduced, carried unanimously. The meeting recessed at 8:13 p.m. and reconvened at 8:24 p.m. 6.J. Appointment of Commissioners 1. Planning Commission Nominations of individuals for appointment as members of the Planning Commission were made as follows by members of the City Council listed respectively, each to serve for a term of two years as provided by Ordinance No. 33: Minutes of the City Council Moorpark California 5 November 17 1986 NOMINEE COUNCILMEMBER John Wozniak Councilmember Harper Bernardo Perez Councilmember Woolard William Butcher Councilmember Brown Douglas Holland Mayor Ferguson (Selection Deferred to Next Meeting) Councilmember Galloway It was moved by Councilmember Harper, seconded by Councilmember Woolard and unanimously carried that the appointments be confirmed as here in above set forth. 2. Parks and Recreation Commission Nominations of individuals for appointment as members of the Parks and Recreation Commission were made as follows by the members of the City Council listed respectively, each to serve a term of two years as provided by Ordinance No. 33: NOMINEE Pam Castro Charmaine Deas Danny Rasey Tom Baldwin Cheryl Zemont COUNCILMEMBER Councilmember Galloway Councilmember Brown Councilmember Woolard Councilmember Harper Mayor Ferguson It was moved by Councilmember Woolard, seconded by Councilmember Brown and unanimously carried that the appointments be confirmed as hereinabove set forth. 7. COMMENTS FROM THE PUBLIC 7.A. Howard Folkman, P 0 Box 360, Perring Lane, Moorpark, landscaping contractor, spoke in concern regarding the proper development of tree planting and landscaping on City streets and in City parks; offered his expertise and knowledge to assist the City and recommended the tree planting and landscaping retain its current schedule. 7.B. Barbara Johnston, 4248 Laurel Glen Drive, Moorpark, spoke in concern regarding uncompleted City amenities due to the possible rescinding of building permits in the Mt. Meadows tract; requested Council considera- tion and suggested negotiation with Urban West. The City Attorney advised negotiations may occur if they are not sub- stantially the same as previous negotiations. 7.C. Steve Brodsky, 4572 Vista Del Valle, Moorpark, thanked Bob Crawford and Moorpark citizens involved with the growth ballot measures. 7.D. Victor Richards, stated his question has been answered and he does not wish to speak at this time. Minutes of the City Council Moorpark, California 6 November 17, 1986 7.E. Gregory Weiler, 233 Stanford Lane, Seal Beach, an attorney representing Warmington Homes, spoke in concern regarding possible revoking /rescinding of previously issued building permits; requested consideration of property owners and stated there is no threat to health and safety to cause revoking at this specific time; stated a building moratorium should occur only upon due and legal notice of hearing and adoptive Ordinance and urged Council to act in a lawful way. 7.F. Joe Intiso, Villa del Arroyo Mobile Home Park, thanked Councilmembers Sutton, Prieto and Hartley for their excellent service to the community and congratulated newly appointed Councilmembers. 7.G. Patti Smith, 12686 Countrymeadow, Moorpark, representing Tierra Rejada Neighborhood Council, spoke in concern regarding the completion of Tierra Rejada Road and bridge; stated their completion is the City's responsibility and is necessary for safety of the community; requested Council consider the construction of the road and bridge as a top priority and stated revocation of building permits would have disasterous consequences on needed amenities. 7.H. Bernardo M. Perez, 4237 Canario Court, Moorpark, spoke in concern re- garding construction truck traffic on Peach Hill, Moorpark and Tierra Rejada Roads; stated children cross the streets to bus stops and requested the trucks adhere to City policies. 7.I. Wally Todd, 4240 Tecolote Court, Moorpark, representing the Committee for Managed Growth, congratulated newly elected Councilmembers; stated Measure F calls for four hundred building permits to be issued in 1986, excessive permits were issued due to delay in placing the measure on the ballot and should be recalled with exception of those that have vested. 7.J. Kenneth B. Bley, 2049 Century Park East, 28th Floor, Los Angeles, attorney with Cox, Castle & Nicholson, representing Urban West Communi- ties, concurred with Walley Todd that building permits granted and issued for vested tentative tracts are vested and not subject to revoking /rescinding. 7.K. Mary R. Gayle, 350 N. Lantana Street, No. 217, Camarillo, an attorney representing Pardee Construction Co., deferred her time and comments to Pardee co- counsel Charles Rosini. 7.L. Charles Rosini, an attorney representing Pardee Construction Co., stated the City will face large litigation costs due to pending liti- gation resulting from the recall of building permits; stated the company has no choice but to protect its rights and the City's money would be better spent on City improvements and amenities, not litigation. 7.M. Urban McLellan, 11540 Los Angeles Avenue, Moorpark, representing Urban West Communities, stated the City Council must interpret and implement the results of Measure F and choose to move backward or forward; looks forward to working with the City concerning future problem solving. Minutes of the City Council Moorpark California_ _ _ _ 7 _ -.-November-17.,-1986- 8. HEARINGS 8.A. Appeal _No. _10._Development Plan Permit No. DP-311/314 (Scanlin) Mayor Ferguson reported he had received a verbal request from the applicant that he wished to withdraw the appeal. 10. COMMENTS FROM COUNCILMEMBERS 10.A. Councilmember Harper requested staff be directed to contact con- struction contractors to relocate truck routes off residential streets and report back. So ordered by Mayor Ferguson. I.O.B. Councilmember Harper suggested the City move quickly to address and implement Measure F and requested the City Attorney be directed to report legal options as soon as possible to allow time necessary for Council review. There was Council discussion concerning action taken at this time regarding Measure F; Councilmember Brown objected to Council action being taken on an issue not specifically listed on the Agenda. Councilmember Galloway suggested a Closed Session after the remain- ing items on the Agenda. Council concurred. 1O.C. Councilmember Woolard stated he is optimistic that the new Council will work well together and take the City forward. I.O.D. Councilmember Galloway reported a sign post is missing from the corner of Hatfield and Christian Barrett Road and street lights are out in the area; requested staff investigate. 1O.E. Councilmember Galloway commented regarding CalTrans widening of Los Angeles Avenue and possible leasing of land to complete the project. 10.F. Councilmember Brown requested the Council agenda state "None" when Closed Sessions are not scheduled. I.O.G. Mayor Ferguson stated the growth slow down process will be done legally and commented concerning developer build -out (construction) time extensions. The meeting recessed at 9:45 p.m. and reconvened at 10:15 p.m. 11. STAFF REPORTS - ACTION ITEMS 11.A. Tract 4170 (U.S. Condominiums) Requested Grading Plan Changes City Engineer Delzeit and Community Development Director Richards presented the staff report and recommendation concerning the requested grading plan changes for Tract 4170; recommended that the City Council deny the proposed change order with the exception of Fill Site No. 3 as the proposed fill and slope along Campus Park Drive, to the extent proposed, will eliminate the natural slope and substantially alter the viewshed for those existing westerly residents. Minutes of the City Council Moorpark. California 8 November 17, 1986 John Andrews, 14713 Reedley Street, Moorpark, representing U.S. Condominiums, requested City Council action as soon as possible due to erosion and stabiliza- tion problems during the rainy season; presented alternatives to alleviate City Council approval of a portion of the sites with other sites to be reviewed or exportation of the dirt and heavy landscaping and irrigation; requested City Council approval of a portion of the sites with other sites to be reviewed by the developer and staff. Motion by Councilmember Harper, seconded by Councilmember Brown to allow the applicant to proceed with Site No. 3; staff to schedule Planning Commission and notice property owners 300 feet east and west of Princeton Avenue, carried unanimously. Motion by Councilmember Woolard, seconded by Councilmember Brown, to notice residents on east Los Angeles Avenue in the Virginia Colony area, carried unanimously. 11.B. Award of Slurry -Seal Contract City Engineer Delzeit presented the staff report and recommendation to award contract for the 1986 -87 Slurry Seal project to Slurry Seal of California for the amount of $99,999.88; stated the contract amount is within the Engineer's estimate and funds budgeted and requested approval to obtain cost estimate change orders with the contractor to seal additional streets. Motion by Councilmember Harper, seconded by Councilmember Woolard to award contract of the 1986 -87 Slurry Seal project to Slurry Seal of California for the amount of $99,999.88: authorize staff to obtain costs for sealing of additional streets and report back to Council, carried unanimously. 11.C. Storer Cable Television Franchise City Manager Kueny presented the staff report concerning Storer Cable Tele- vision franchise and its intent to transfer franchise rights to Western Communication; recommended two councilmembers be appointed to serve as a committee on this matter. Mayor Ferguson appointed Councilmembers Galloway and Brown to serve on this committee. 11.D. Selection of Date for Annual Christmas Tree Lighting Ceremony Administrative Assistant Forde presented the staff report and recommendation concerning the date for the Annual Christmas Tree Lighting Ceremony. Motion by Councilmember Brown, seconded by Councilmember Galloway to approve the date of December 11, 1986 for this year's Annual Christmas Tree Lighting Ceremony and authorize staff and Parks and Recreation Commission to select a date each year as close to the first of December as possible, and to be indi- cated on the City calendar immediately, carriea unanima'usly. Minutes of the City Council Moorpark, California 9 November 17, 1986 11.E. Approval of Design Services and Cooperative Agreement for Tierra Rejada /Gabbert Road at Los Angeles Avenue Highway 118) Traffic Signal City Manager Kueny presented the staff report and recommendation to proceed immediately with the traffic signal design for installation no later than the completion of the bridge. Motion by Councilmember Harper, seconded by Councilmember Galloway, to authorize design services for the traffic signal and related improvements not to exceed $8,746.00; staff to prepare a cooperative agreement with CalTrans at a cost not to exceed $424.00, begin design services immediately and appropriate $9,200.00 from the Tierra Rejada /Moorpark Road Area of Contribution fund balance for the above referenced work, carried unanimously. 11.F. Modification to Contract for Design Services for Los Angeles Avenue Widening Project Price Engineering This report was continued to the next regular meeting. 11.G. Griffin Park Improvements - Authorize Bids This report was continued to the next regular meeting. 12. STAFF REPORTS - INFORMATION ITEMS 12.A. Introduction of City's Community Services Officer - Sr. Deputy David Lea Lt. Mike Brown introduced Sr. Deputy Lea, officer in charge of the Moorpark Crime Prevention program. 12.B. Median Irriqation Repair - Highway 118 at South Condor It was the consensus of the Council to receive and file this report. 12.C. Erosion Control Requirements It was the consensus of the Council to receive and file this report. 12.D. Los Angeles Avenue Widening Project - Right -of -Way Acquisition It was the consensus of the Council to receive and file this report. 12.E. Highway 118 Summit Meeting Motion by Councilmember Brown, seconded by Councilmember Harper to direct staff to review funding sources and alternatives for extension of Los Angeles Avenue, carried unanimously. Councilmember Woolard requested staff prepare written report to present at the next Highway 118 Summit meeting. It was the consensus of the Council to receive and file this report. Minutes of the City Council Moorpark, California _ _ 10 i_ November 17, 1986 12.F. Committee Appointments Mayor Ferguson directed staff to add Highway 118 Summit Committee to the list; it was the consensus of the Council to receive and file this report. 12.G. CalTrans Approval of Design for Princeton Avenue Traffic Signal It was the consensus of the Council to receive and file this report. 12.H. Safety Element It was the consensus of the Council to receive and file this report: public hearing scheduled for December 1, 1986. 13. CONSENT CALENDAR 13.A. Approval of Warrant Register Prepaid Warrants No. 4029 through 4045 in the amount of $ 15,027.38 Payable Warrants No. 4046 through 4088 in the amount of $ 19,160.97 Total Amount of Warrants $ 34,188.35 Motion by Councilmember Harper, seconded by Councilmember Brown to approve the Consent Calendar, carried unanimously. 14. FUTURE AGENDA ITEMS Motion by Councilmember Brown, seconded by Councilmember Harper, to place the Consent Calendar and approval of Warrants after Public Comments on the agenda; staff to return with confirming Resolution, carried unanimously. 15. CLOSED SESSION Council adjourned at 1:10 a.m. to Closed Session to consider potential litiga- tion regarding possible revocation of building permits that had potentially not vested. The City Council returned from Closed Session at 2:43 a.m. and reconvened the meeting in Open Session at 2:45 a.m. The City Attorney directed that the record show the City Council has reconvened in Open Session and that the City Council did make the findings pursuant to Government Code Section 54956.9 (b) (2) to continue in Closed Session pursuant to Subsection (b) (1) of Government Code Section 54956.9 Mayor Ferguson stated that there was not sufficient support by the members of the City Council at this time to initiate consideration of possible revocation of building permits that have not vested. Motion by Councilmember Galloway, seconded by Councilmember Harper, to adjourn the meeting to the next regular City Council meeting scheduled for 5:00 p.m. Monday, November 24, 1986, carried unanimously. Minutes of the City Council Moorpark, California 11 November 17, 1986 There being no further business to come before the Council, Mayor Ferguson adjourned the meeting at 2:51 a.m. APPROVED: