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HomeMy WebLinkAboutMIN 1983 0803 CC REGMoorpark, California August 3, 1983 Regular Meeting of the City Council of the City of Moorpark, California, was held on August 3, 1983, in the Council Chambers in the City Hall of said City, located at 799 Moorpark Avenue, Moorpark. 1. CALL TO ORDER The meeting was called to order at 7:10 p.m., Mayor Yancy- Sutton presiding. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Beaulieu. 3. ROLL CALL PRESENT: Councilmembers Roger Beaulieu, Clinton D. Harper, Albert Prieto, Jerry Straughan, and Mayor Leta Yancy- Sutton; ABSENT: None. OTHER CITY OFFICIALS AND EMPLOYEES PRESENT: Niall Fritz, City Manager /Director of Community Development; Mark C. Allen, Jr., City Attorney, and Scott Field, Attorney at Law, both of the law firm of Burke, Williams and Sorenson, and Doris D. Bankus, Acting City Clerk. 4. PUBLIC COMMENTS Bill Mitchell, 6440 N. Berkeley Circle, Moorpark, spoke in opposition to the proposed increase in the capacity of the Simi Valley Dump; also opposed to provisions of Ordinance No. 4 of the City. Tom Baldwin, 6475 Pepperdine, Moorpark, gave results of a personal survey which he had conducted with result that average citizens were in favor of protection of hills and also in favor of school site in the Campus Park area before any more development is permitted. 5. BUSINESS ITEMS 5.A Presentation by United Wa John W. Newton, 538 Moorpark Avenue, Moorpark, addressed Council regarding United Way Campaign and distributed statistical information regarding services performed by United Way member organizations in Moorpark in 1982; also urged oarticioation by citizenry. r an It was moved by Councilmember member Prieto and unanimously resolution, which was read in WHEREAS, Moorpark has tenth City by virtue July 1, 1983; and Beaulieu, seconded by Council - carried to adopt the following full by the City Attorney: become Ventura County's of its incoruoration on WHEREAS, United Way of Ventura County recognizes Moorpark's new independence as evidence of its community spirit; and WHEREAS, United Way of Ventura County feels that it should embark on a new concept of fundraising in smaller communities; and WHEREAS, Moorpark received human care services and benefits to more than 4,988 residents from 29 United Way Funded agencies in 1982; and WHEREAS, Moorpark volunteers have committed to coordinate the 1984 United Way Campaign for the City, in an educational manner, with a target of raising "our fair share" of contributions for the important and essential work of United Way in Moorpark; NOW, THEREFORE, BE IT RESOLVED, that the Moorpark City Council hereby declares the month of August, 1983, as UNITED WAY FUNDRAISING MONTH IN MOORPARK. urging all citizens, businesses and industry involved in our City to give their "fair share" for 1984, when called upon by United Way volunteers. 5.B Extension of Contract with Acting Citv Clerk It was moved by Councilmember Straughan and seconded by Council - member Harper that the contract with Doris D. Bankus as Acting City Clerk be extended to include the month of August, 1983, with instructions to the City Manager to hire clerical assistance as soon as possible to relieve Mrs. Bankus of clerical duties. Motion carried by the following roll call vote: AYES: Councilmembers Straughan, Harper, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. 5.0 Approval of Warrants It was moved by Councilmember Straughan and seconded by Council - member Beaulieu that demands totaling $1,673.04, as approved by the City Manager, be approved, and that warrants be drawn for each of the following, to wit: -2- DEMAND NO. CLAIMANT AMOUNT 6 Advanced Rubber Stamp Co. $ 24.84 7 Moorpark News 10.00 8 Doris D. Bankus 15.90 9 Niall Fritz 2.30 10 Doris D. Bankus 1,620.00 TOTAL $ 1,673.04 Motion carried by the following roll call vote: AYES: Councilmembers Straughan, Beaulieu, Harper, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. S.C. Appointment of City Treasurer (Non- Agenda Item) Mayor Yancy- Sutton stated that at the time of incorporation, Robert Baxter has been appointed as City Treasurer, to serve on an interim basis pending appointment of a City Treasurer to serve on a permanent basis. She then recommended that John C. Gedney, who is a Certified Public Accountant, be appointed as City Treasurer, and it was then moved by Councilmember Straughan, seconded by Councilmember Prieto and unanimously carried to appoint John C. Gedney as City Treasurer, to serve at a compensation of $50.00 per month. By general consent, the Mayor was authorized to write a letter of appreciation to Mr. Baxter for his services. S.D. Approval of Warrant Signature Policy It was moved by Councilmember Straughan and seconded by Council - member Beaulieu that the following resolution be adopted: RESOLVED, that any one of the following persons acting jointly with Niall Fritz: Leta Yancy- Sutton Albert Prieto John C. Gedney are hereby authorized to withdraw funds of this corpora- tion from its account at Bank of A.Levy, to sign checks and drafts against said account for and on behalf of this corporation and to endorse and deposit in said account checks, certificates of deposit and drafts payable to this corporation; that the bank is hereby authorized to honor any and all such instruments to signed including those drawn to the individual order of any person authorized by this resolution to sign the same; that this corporation -3- shall be liable to the bank and shall reimburse it immediately for the amount of any overdraft; that all previous authorizations heretofore given are hereby revoked, such revocation, however, not to affect the validity of any check or other instrument heretofore signed or endorsed by any person or persons at the time authorized to act; that this account shall be governed by the conditions, rules and regulations of the bank covering commercial accounts, receipt of a copy of which is hereby acknowledged, and by the rules, regulations and by -laws of the bank, now existing, hereafter adopted or as hereafter amended. Motion carried by the following roll call vote: AYES: Councilmembers Straughan, Beaulieu, Harper, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. Mayor Yancy- Sutton announced that Mr. Gedney was unable to be present at this meeting, but that she had conferred with him and he had agreed to accept the appointment. 6. PUBLIC WORKS MATTERS 6.A. Acceptance of Subdivision Improvements 6.A.1. Tract No. 3032 -2 - Los Anaeles Avenue near Mira Sol Drive The City Manager presented communication dated July 25, 1983 from the County Public Works Agency, containing an overview of the subject matter and after discussion, it was moved by Councilmember Straughan and seconded by Councilmember Beaulieu that the public improvements within Tract No. 3032 -2 be accepted by the City, and the streets within said tract be included in the City street system for maintenance pursuant to Section 1806 of the Streets and Highways Code, which motion carried by the following roll call vote: AYES: Councilmembers Straughan, Beaulieu, Harper, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. 6.A.2. Tract No. 3492 - Between Campus Park and Virginia Colonv Areas The City Manager presented communication dated July 26, 1983 from the County Public Works Agency, containing an overview of the subject matter, and after discussion it was moved by Councilmember Straughan and seconded by Councilmember Prieto that the public improvements within Tract No. 3492 be accepted by the City and the streets within said tract be included in the City street system for maintenance. -4- Councilmember Beaulieu raised the question of the maintenance of the streets and landscaping in the tract prior to completion of the buildings to be built, it being an industrial park and subject to heavy truck traffic during construction. The City Manager pointed out that this matter was considered at the time of approval of the Tentative Tract Map. and it was conditioned accordingly. On roll call the motion was carried by the following vote: AYES: Councilmembers Straughan, Prieto and Mayor Yancy- Sutton; NOES: Councilmembers Beaulieu and Harper; ABSENT: None. EXECUTIVE SESSION (Non- Agenda Item) At this time the Council adjourned to an Executive Session, the time being 7:42 p.m. The meeting convened at 8:20 p.m., all members of the Council being present. 7. PLANNING MATTERS 7.A. Ordinance No. 4 Status Report The City Manager presented his report dated July 29, 1983, out- lining the status of the review being conducted by the Planning Commission and the City Council under the provisions of Ordinance No. 4, which was adopted by the City Council at the meeting of July 6, 1983. It was moved by Councilmember Beaulieu, seconded by Councilmember Harper and unanimously carried that said report be approved and ordered received and filed. 7.B. Public Hearing: Extension of Ordinance No. 4 The City Attorney explained the provisions of Ordinance No. 4, in particular the urgency provision contained therein, and stated that the purpose of the public hearing is to comply with the provisions of the Government Code of the State of California in order to extend Ordinance No. 4 beyond the 45 day period provided by State law. The City Clerk presented Affidavit of Posting of Notice of this public hearing in the three public place within the City, i.e., Moorpark City Hall, Moorpark Post Office and Moorpark College. She also presented the following communications: -5- (1) From Robert Kamerik, 14604 Hartford Street, Moorpark, dated July 14, 1983, in support of Ordinance No. 4; (2) From Varsity Park Homeowners Association, Varsity Park Patio Homes Homeowners Association, and Varsity Park Villas Homeowners Association, Moorpark, dated July 21, 1933, concerning statements made at the Council Meeting of July 20, 1983; and (3) From Mrs. Clifford Volke, 11744 Buttercreek Road and Mrs. Joyce E. Bowers, 4733 Avedon Road, both of Moorpark, dated July 28, 1983, concerning problems in the Heatherwood Development and discussing future development in the City. By general consent all of the above documents were ordered received and filed. The Mayor declared the hearing opened and the following persons addressed the Council: Louise Rice Lawson, Building Industries Association, 601 Daily Drive, Camarillo, in opposition to extension of Ordinance No. 4; David W. Tredway, 500 Esplanade Drive, Oxnard, representing Pacifica Corporation, in opposition to extension of Ordinance No. 4; Phil Vein, U. S. Condominium Corporation, 6568 Princeton Avenue, Moorpark, in opposition to extension; Joan Korpal, 15017 Marquette, Moorpark, in opposition to extension; Ron Baumsteiger, 15008 -C Campus Park Drive, Moorpark, in opposition to extension. There being no further testimony to be heard regarding the subject matter, the hearing was closed by unanimous consent. On instructions by the Council, the City Attorney presented Ordinance No. 5, entitled: AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, EXTENDING THE PERIOD FOR REVIEW AND APPROVAL OF RESIDENTIAL PLANNED DEVELOPMENTS APPROVED BY THE COUNTY OF VENTURA PRIOR TO JULY 2, 1983. It was moved by Councilmember Harper and seconded by Council - member Straughan that further reading of said Ordinance No. 5 be waived, which motion was carried by the following roll call vote: AYES: Councilmembers Harper, Straughan. Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. aMe It was moved by Councilmember Straughan and seconded by Council - member Harper that said Ordinance No. 5, entitled as above set forth, be adopted, which motion was carried by the following roll call vote: AYES: Councilmembers Straughan, Harper, Beaulieu and Prieto; NOES: Mayor Yancy- Sutton; ABSENT: None. 7.C. Public Hearinqs: 7.C.1. Residential Planned Development No. 918 - Urban West The City Attorney announced that the public hearing on this matter had been closed at the meeting of July 20, 1983 and that pursuant to instructions he had prepared a resolution of approval of the subject project with the addition of a condition for solar stubouts as recommended by the City Manager. Upon instructions of the City Council, the City Attorney then presented Resolution No. 83 -20, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK APPROVING RESIDENTIAL PLANNED DEVELOP- MENT PERMIT 918 (URBAN WEST) It was moved by Councilmember Straughan and seconded by Council - member Harper that further reading of said resolution be waived, and that said Resolution No. 83 -20 be adopted, which motion was carried by the following roll call vote: AYES: Councilmembers Straughan, Harper, Prieto and Mayor Yancy- Sutton; NOES: Councilmember Beaulieu; ABSENT: None. 7.C.2. Residential Planned Development No. 969 - Urban West The City Attorney announced that the public hearing on this matter had been closed at the meeting of July 20, 1983 and that pursuant to instructions he had prepared a resolution of approval of the subject project with the addition of a condition for solar stubouts as recommended by the City Manager. Upon instructions of the City Council, the City Attorney then presented Resolution No. 83 -21, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK APPROVING RESIDENTIAL PLANNED DEVELOP- MENT PERMIT 969 (URBAN WEST) -7- It was moved by Councilmember Straughan and seconded by Council - member Harper that further reading of said resolution be waived, and that said Resolution No. 83 -21 be adopted, which motion was carried by the following roll call vote: AYES: Councilmembers Straughan, Harper, Prieto and Mayor Yancy- Sutton; NOES: Councilmember Beaulieu; ABSENT: None. 7.C.3. Residential Planned Development No. 970 - Urban West The City Attorney announced that the public hearing on this matter had been closed at the meeting of July 20, 1983 and that pursuant to instructions he had prepared a resolution of approval of the subject project with the addition of a condition for solar stubouts as recommended by the City Manager. Upon instructions of the City Council, the City Attorney then presented Resolution No. 83 -22, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK APPROVING RESIDENTIAL PLANNED DEVELOP - ment permit 970 (URBAN WEST) It was moved by Councilmember Straughan and seconded by Council - member Harper that further reading of said resolution be waived, and that said Resolution No. 83 -22 be adopted, which motion was carried by the following roll call vote: AYES: Councilmembers Straughan, Harper, Prieto and Mayor Yancy- Sutton; NOES: Councilmember Beaulieu; ABSENT: None. 7.C.4. Residential Planned Development No. 965 - Mormon Church The City Manager displayed a landscaping plan of the proposed project and recommended approval. By general consent Mr. Gary M. Bronson, 4451 N. Halifax Road. E1 Monte, California, of Cornwall Associates, Architects, addressed the Council on behalf of the applicant, and urged approval. There being no further testimony to be heard, the hearing was declared closed by unanimous consent. The City Attorney then presented and read Resolution No. 83 -23, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK APPROVING RESIDENTIAL PLANNED DEVELOP- MENT PERMIT 965 (MORMON CHURCH) It was moved by Councilmember Beaulieu and seconded by Council - member Harper that said Resolution No. 83 -23 be adopted, which motion was carried by the following roll call vote: AYES: Councilmembers Beaulieu, Harper, Prieto, Straughan and Mayor Yancy- Sutton; NOES: None; ABSENT: None. 7.C.5. Residential Planned Development No. 963 - Griffin Homes Councilmember Straughan stated that he would not participate in the subject matter because of a possible conflict, and he left the Council bench. The City Manager gave an update report on the subject matter and there was discussion regarding the conditions recommended by the City Manager. By general consent the public hearing was reopened and the following persons addressed Council supporting the application: Rick Niec, of Griffin Homes, 19436 Ventura Boulevard; Bob Perrault, 6413 E. Westwood, Moorpark Gerry Goldstein, 11932 Los Angeles Avenue, Moorpark. There being no further testimony to be heard, the hearing was declared closed by unanimous consent. Upon instructions from the City Council, the City Attorney then presented Resolution No. 83 -24, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK APPROVING RESIDENTIAL PLANNED DEVELOPMENT PERMIT 963 (GRIFFIN HOMES) It was moved by Councilmember Beaulieu and seconded by Council - member Harper that further reading of said resolution be waived, and that said Resolution No. 83 -24 be adopted, which motion was carried by the following roll call vote: AYES: Councilmembers Beaulieu, Harper, Prieto and Mayor Yancy - Sutton; NOES: None; ABSENT: None; ABSTAIN: Councilmember Straughan. It was moved by Councilmember Harper, seconded by Councilmember Beaulieu and unanimously carried that the City Manager be directed to prepare a letter for the Mayor's signature, addressed to the County Property Administration Agency and urging that the parksite be turned over to the City as soon as possible. Councilmember Straughan then returned to his chair at the Council bench. 7.C.6. Residential Planned Development No. 903 - Griffin Homes By general consent the hearing on Residential Planned Develop- ment No. 903 was continued to the Council Meeting of August 17, 1983. RECESS The Mayor declared a recess, the time being 9:20 p.m. The meeting was reconvened at 9:30 p.m., all members of the City Council being present. EXECUTIVE SESSION The City Attorney stated that he should have reported publicly when Council reconvened from the executive session earlier in this meeting, and that with permission from the Council he would do so at this time. He then proceeded to announce that the purpose of the executive session was to discuss potential litigation. 7.C.7. Residential Planned Development No. 940 - U.S.Condominium The City Manager gave a report on the status of the negotiations with the developer, stating that agreement had been reached on the addition of three conditions. By general consent the hearing was re- opened and Mr. Phil Vein, representing U. S. Condominium, the developer, addressed Council in support of the the recommendations of the City Manager and urged approval of the project. Councilmember Beaulieu stated that he was concerned about the need for and designation of a school site in the area. By general consent the matter was continued until later in the meeting. 7.D. Status Report on Residential Planned Development No. 857 - U. S. Condominium The City Manager gave his status report on the subject develop- ment, reading the conditions which had been agreed to by Mr. Phil Vein, representing the developer, and stating that there are three outstanding problems: (1) a school site; (2) possible redesign of Phases III, IV and V to further minimize hillside development; and (3) development of landscape median in Campus Park Drive and Princeton. He stated that he would have a full report on further negotiations at the hearing on August 17, 1983. 7.C.7. Residential Planned Development No. 940 - U.S.Condominium (Continued from earlier) Upon instructions from the Council, the City Attorney presented and read in full Resolution No. 83 -25, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK APPROVING RESIDENTIAL PLANNED DEVELOPMENT PERMIT 940 (U. S. CONDOMINIUM) He stated that Mr. Vein had been furnished a copy of the pro- posed resolution and had indicated that he approved of its contents. It was moved by Councilmember Straughan and seconded by Councilmember Prieto that said Resolution No. 83 -25 be adopted. Councilmembers Harper and Beaulieu both expressed concern about the lack of a designated school site in either RPD -940 or RPD -963. Councilmember Straughan then stated that he had not been aware that RPD -963 would be discussed along with RPD -940, stating further that he would have to abstain from participation because of the possibility of a conflict of interest, and he withdrew his motion, with the consent of the second. It was then moved by Councilmember Prieto and seconded by Councilmember Beaulieu that Resolution No. 83 -25, entitled as above set forth, be adopted. In seconded the motion to adopt the resolution of approval, Councilmember Beaulieu stated that he was of the opinion that Mr.Vein had made a good faith effort to locate an acceptible school site in RPD -940, and was willing to support approval of this planned development with the belief that Mr. Vein will continue to pursue the location of school site. Councilmember Harper stated that he would continue to oppose further development until a school site has been designated, and he called for the question, with the following roll call vote: AYES: Councilmembers Prieto, Beaulieu, and Mayor Yancy - Sutton; NOES: Councilmember Harper; ABSENT: None; ABSTAIN: Councilmember Straughan. 7.E. Hillside Grading Ordinance The City Manager gave an overview of the matter of the adoption of a hillside grading ordinance, presenting his written report dated August 1, 1983, to which was attached a communication dated August 2, 1983 from John C. Crowley, of the County Public Works Agency, outlining the basic differences between the proposed ordinance and the present County grading ordinance. Also attached to the City Manager's letter was a communication dated July 21. 1982 from Louise Rice - Lawson, Executive Director of the Building Industry Association of Southern California, Inc., urging that careful study be made of the needs of Moorpark before adopting -11- the proposed ordinance, and extending an offer to work with the City staff in the drafting of such an ordinance. The following persons addressed Council concerning the subject matter: Louise Rice - Lawson, Executive Director of Building Industry Association of Southern California, in support of letter dated July 21, 1983; David W. Tredway, 500 Esplanade Drive, Oxnard, California, representing Pacifica Corporation, supporting the idea of a study committee to evaluate the needs of Moorpark Phil Vein, U. S. Condominium, supported the suggestion re formation of a committee. After discussion it was moved by Councilmember Harper and seconded by Councilmember Straughan that the City Manager be directed to study the possibility of adopting the existing Ventura County grading ordinance and the proposed hillside development ordinance for an interim period, and report back to the City Council at the meeting of August 17 with a suggestion as to the membership of a committee to design a permanent ordinance. The City Manager requested that the motion be amended to require his report to be brought back to the Council as soon as possible rather than for the meeting of the 17th, because of his workload. Councilmember Harper amended his motion accordingly, with the con- sent of Councilmember Straughan, and the amended motion was then carried unanimously. RECESS Mayor Yancy- Sutton declared a recess, the time being 10:50 p.m. The meeting was reconvened at 11:00 p.m., all members of the Council being present. It was then moved by Councilmember Beaulieu and seconded by Councilmember Harper that the City Manager be directed to file an appeal with the County on any grading permits issued by the County which would be in violation of the proposed ordinance, so that those grading permits could be heard before the City Council. The City Attorney advised that since it is not certain that there exists an appeal process in the County ordinance, the City Manager be directed to determine the process, if such exists, by which those permitswhich are most questionable could be subject to review. Councilmember Beaulieu then withdrew his motion with the consent of the second, and moved that the City Manager be directed to -12- evaluate the County grading permit process and to determine if there is a method by which the City Council could review permits, and if there is such a process, to implement such procedure for those permits which might be in violation of the proposed ordinance under study by this Council. Said motion was seconded by Councilmember Harper and carried by the following roll call vote: AYES: Councilmembers Beaulieu, Harper, Straughan and Prieto; NOES: Mayor Yancy- Sutton; ABSENT: None. 7.G. Adoption of Planning Permit Fee Schedule The City Manager outlined his report dated July 29, 1983, regarding recommendation of the County Planning Division for adoption of processing fees for land development permits, and recommended adoption of resolution establishing such fees. The following persons spoke regarding the subject matter: Louise Rice - Lawson, Executive Director of Building Industry Association, urging a two -week continuance in order to provide opportunity for study and input; Phil Vein, U. S. Condominium, supporting continuance and further study. The Mayor also read a note which had been left by John Newton, 538 Moorpark Avenue, Moorpark, urging consideration of 50% reduction in fees for a concurrent zone change in commercial and industrial, the same as is provided for residential. It was moved by Councilmember Straughan, seconded by Councilmember Prieto and unanimously carried to continue the matter to the regular meeting of August 17, 1983. 8. COUNCIL COMMENTS AND OTHER ITEMS OF BUSINESS None. 9. ADJOURNMENT There being no further business to come before the Council at this time, the meeting was adjourned the time being 11:30 p.m. Approved: DORIS D. BANKUS, X-61-ling City Clerk �Yyor -13-