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HomeMy WebLinkAboutMIN 1983 0817 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California August 17, 1983 The regular meeting of the City Council of the City of Moorpark, California, was held on August 17, 1983, 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 7:00 p.m., Mayor Leta Yancy- Sutton presiding. 2. PLEDGE OF ALLEGIANCE The Pledge of.Allegiance was led by Councilmember Al Prieto. 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, Assistant City Attorney; Lt. Arve Wells, Sheriff's Department; and Doris D. Bankus, City Clerk 4. PUBLIC COMMENTS 4.A. Michael Resler, 6440 A Marquette Street, Moorpark, addressed Council regarding the recent train derailment. 4.B. Frank H. Knickelbein, 4893 Avedon Road, Moorpark, addressed Council regarding oil field waste dump and the freeway connection. 4.C. Bill Mitchell, 6440 N. Berkeley Circle, Moorpark, addressed Council concerning the recent train derailment, the freeway link, and oil field waste dump site. MINUTES OF THE CITY COUNCIL Moorpark, California 2 5. BUSINESS ITEMS 5.A. Mileage Reimbursement August 17, 1983 The City Attorney presented Resolution No. 83 -26, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, FIXING MILEAGE REIMBURSEMENT FOR TRAVEL ON CITY BUSINESS. MOTION: Councilmember Straughan. moved and Councilmember Harper seconded a motion to waive further reading of said Resolution No. 83 -26 and that said Resolution be. adopted. The motion carried by unanimous roll call vote. 5.B. Approval of Warrants MOTION: Councilmember Harper moved and Councilmember Straughan second a motion that demands totalling $4,506.91, as approved by the City Manager, be approved, and that warrants be drawn for each of the following, to wit: DEMAND NO. CLAIMANT AMOUNT 11 Moorpark News $ 12 Moorpark News 13 League of California Cities 14 News Chronicle 15 The Enterprise 16 The Enterprise 17 County of-Ventura 18 Doris Bankus 19 Niall Fritz 20 Niall Fritz 21 Niall Fritz 22 Pacific Telephone TOTAL 17.19 70.62 90.00 12.54 10.00 51.00. 6.00. 1,580.00 104.75 839.37 1,180.97 544.47 $ 4,506.91 The motion carried by unanimous roll call vote. MINUTES OF THE CITY COUNCIL Moorpark, California 3 August 17, 1983 5.C. Report on Southern Pacific Derailment Mr. William Giles, representing Southern Pacific Railway Company, addressed the Council and answered questions regarding the recent train derailment. The Mayor expressed appreciation to the County Sheriff's Department for their handling of the incident, a copy of the report having been furnished to each member of the Council. 6. PUBLIC WORKS.MATTERS. 6.A. Approval of Final Map for Tract No. TR -3403 The staff report was given by John Crowley,.Division Manager, Real Property Services, County Public Works Agency, and after discussion the following motion was heard: MOTION: Councilmember Straughan moved and Councilmember Prieto seconded that the following action be taken: 1. Approve the Final Map for Tract 3403 and authorize the Mayor to sign the title sheet accepting for public use the right of way for all streets, the easements for public service purposes, and the easements for storm drainage and related purposes as shown on said map. Upon execution, return the Final Map to the Ventura County Public Works Agency, Real Property Services, for recordation; 2 . - - Authorize the Mayor to sign the Agreement for Construction of Subdivision Improvements for the Tract and direct the City Clerk to retain the original Agreement and return the two executed copies to the Ventura County Public Works Agency, Real Property Services, for transmittal to the Developer and Surety Company; and 3. Direct the City Clerk to retain the Bonds. The motion carried by roll call vote, 4 -0, Councilmember Beaulieu abstaining. MINUTES OF THE CITY COUNCIL Moorpark, California 4 August 17, 1983 6.B. Public Hearing - Storer Cable Application for Rate Increase The City Clerk presented for filing the affidavits of posting and publication of the legal notice for this meeting, advising that the notice had been posted on July 15, 1983, at the Moorpark City Hall, the Moorpark Post Office, and the Administration Building of Moorpark College; also that notice had been published on July 27, 1983 in the Enterprise, on July 27, 1983 in the News Chronicle, and on July 21, 1983, in the Moorpark News, all pursuant to Council instructions. Vern Cargill, of the County Public Works Agency, then gave a staff report concerning the application, the studies conducted by., and the recommendation of;' the County Public Works.Agency, and answered questions from members of the Council. Mayor Leta Yancy- Sutton then opened the public hearing and the following persons spoke in opposition to the granting of the proposed rate increase: Brad G. Sobel, 137 Shasta Avenue, Moorpark Ron Baumsteiger, 15008 -C Campus Park Drive, Moorpark Mavis Clunga, 393 Susan, Moorpark Margaret Kirkbride, 327 Susan, Moorpark Gerald L. Goldstein, 11932 Los Angeles Avenue, Moorpark Frank H. Knickelbein, 4893 Avedon Road, Moorpark Tom Drake, 13263 Cambridge, Moorpark Roger Terneuzen, 998 Church Street, Ventura, General Manager of Storer Cable Communications, . speaking in favor-of the pending rate increase application, made a presentation to the Council, and responded to considerable questioning by members of the Council. At 9:15 p.m. Mayor Leta Yancy- Sutton declared a short recess. The meeting reconvened at 9:30 p.m., with all members of the Council present. The City Clerk was excused from the meeting because of illness, and the City Manager was deputized to record the meeting. MINUTES OF THE CITY COUNCIL Moorpark, California 5 August 17, 1983 There was further questioning of Mr. Terneuzen by members of the Council, after which the Mayor declared the public hearing closed. After discussion by members of the Council, the following motion was heard: MOTION: Councilmember Harper moved and Councilmember Straughan seconded the following: 1. That the application for rate increase be denied; 2. That the applicant may re -apply in 6 months, assuming there has been significant improvement in service; 3. That the applicant notify all customers of the retail availability of* converters, and provide all customers with a channel guide conversion table; and 4. That the City Manager and the City Attorney explore the City's options regarding franchise agreements. AMENDMENT TO THE MOTION: Councilmember Beaulieu moved and Councilmember Straughan seconded a motion to amended the main motion to include an additional requirement as follows: 5. That the Storer Cable telephone number be added to the monthly statement mailed to all subscribers. The amendment carried by-unanimous voice vote.. VOTE ON THE MAIN MOTION: The motion carried by unanimous roll call vote. 6. Report Back on Public versus Private Streets Lt. Arve Wells, of the County Sheriff's Department, outlined his report dated August 8, 1983, regarding the subject matter and answered questions posed by members of the Council. MINUTES OF THE CITY COUNCIL Moorpark, California 6 August 17, 1983 7. PLANNING MATTERS 7.A. PUBLIC HEARINGS The City Manager presented the Affidavit of the City Clerk certifying as to the posting of the notice of public hearing regarding the Planned Developments listed on the agenda, announcing that such notice had been posted on August 5, 1983, at the three public places in the City as designated by the City Council by Resolution No. 83 =11, adopted July 2, 1983. Said affidavit of posting was received and .filed by general consent. 7.A.1. Planned Development No. 857 - U.S. Condominium The Director of Community Development outlined his report dated August 12, 1983, and, as suggested in the report, agreed to first consider Phases I and II of the project, recommending approval. After consideration the following motion was heard: MOTION: Councilmember Prieto moved and Councilmember Beaulieu seconded a motion that Resolution No. 83 -27, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK APPROVING RESIDENTIAL PLANNED DEVELOPMENT PERMIT 857, PHASES I AND II (U.S. CONDOMINIUM) be adopted. The motion carried by roll call vote 3 -0, Councilmembers- Harper and Straughan abstaining. Councilmember Straughan stated he was abstaining because of a possible conflict of interest, and Councilmembers Harper stated he was abstaining because he was dissatisfied with the project as submitted. The Council then considered Phases III, IV and V of the Planned Development, and after considerable discussion between the developer, the Director of Community Development and Members of the City Council, Mayor Leta Yancy- Sutton declared the public hearing open and the following persons addressed the Council regarding the project: MINUTES OF THE CITY COUNCIL Moorpark, California 7 August 17, 1983 Richard Brooks, 15033 Marquette Street, Moorpark Joan Korpal, 15017 Marquette Street, Moorpark Dick Neyman, 6857 N. Westwood, Moorpark Tom Baldwin, 6475 Pepperdine, Moorpark Herman Schmid, 6470 N. Amherst Street, Moorpark Ron Baumsteiger, 15008 -C Campus Park Drive, Moorpark Michael Resler, 6440 -A Marquette Street, Moorpark Ed Bodnar, 6830 N. Westwood, Moorpark The Developer, Phil Vein, again addressed Council, and after more discussion, Mayor Leta Yancy- Sutton closed the public hearing.. During discussion among Councilmembers, the City Attorney outlined the legal ramifications should the project be denied. MOTION: Councilmember 'Harper moved and Councilmember Straughan seconded a motion that the City Attorney be instructed to prepare for the next meeting of the Council a resolution denying Phases III, IV and V of the project. The motion carried by roll call vote 3 -1, Mayor Yancy- Sutton dissenting, Councilmember Beaulieu abstaining. 7.A.2. Planned Development No. 851 - Pardee and Pacifica. By general consent this item was continued to the Council Meeting of September 7, 1983. 7.A.3. Planned Development No. 903 - Griffin Homes The Director of Community Development gave an overview of the project and there was discussion between the Director, the applicant's representative and members of the .City Council. The public hearing was declared open by Mayor Yancy- Sutton. Rick Niec, representing Griffin Homes (applicant) , 19436 Ventura Boulevard, Tarzana, California, addressed Council and answered questions concerning the project. In addition, Gerry Goldstein, 11932 Los Angeles Avenue, Moorpark, addressed Council concerning the project. MINUTES OF THE CITY COUNCIL Moorpark, California 8 August 17, 1983 There being no other speakers, the public hearing was closed by Mayor Yancy Sutton. After discussion the following motion was heard: MOTION: Councilmember Beaulieu moved and Councilmember Harper seconded a motion that the Director of Community Development negotiate with the developer and report back to Council with a recommended draft resolution of approval, to address the following items: 1) Corner lot landscaping; 2) Adequate availability of school facilities prior to issuance of zone clearance for last one -half of build -out 3) - Improvement of northeast corner of Campus Park, Drive and Collins; 4) Allow minor modification for 4th model of dwelling unit availability; 5) Class I bike path; 6) Feasibility of solar stub -outs; and 7) Landscaping of median on Campus Park Drive. The motion carried by roll call vote 4 -0, Councilmember Straughan abstaining. Councilmember Straughan stated he was abstaining because of a possible conflict of interest. 7.A.4. Planned Development No. 939 - S.T.G. Development By general consent this item was continued to the Council Meeting.of September 7, 1983. 7.A.5. Planned Development No. 928 - California Communities The City Manager gave a status report indicating that the previous PD permit had expired and that the applicant has resubmitted for 67 single - family dwellings and a recreation complex. He also indicated that the Planning Commission recommended approval subject to the conditions in the staff report with three additional conditions. Mayor Yancy- Sutton declared the public hearing open. After the applicant spoke the public hearing was closed. MINUTES OF THE CITY COUNCIL Moorpark, California 9 August 17, 1983 MOTION: Councilmember Straughan moved and Councilmember Beaulieu seconded a motion to approve the project as recommended in the staff report dated August 11, 1983 and to include the following added conditions 1) that the plot plan be modified so that no two -story dwelling unit is adjacent to the rear with a single -story dwelling unit within the project to the south; 2) that in conjunction with the completion of improvement to Peach Hill Road, a bicycle lane be striped within . the roadway; 3) that construction access to the project site -shall be from the west through Planned Community No. 3. Failing concurrence for access from the adjacent property owner, heavy truck traffic on Peach Hill Road shall be limited in hours of operation. The specific hours of-operation shall* be determined by the Director of Community Development, upon consultation with the applicant and the Moorpark Unified School District, in order to minimize conflicts between school buses and construction traffic. AMENDMENT TO THE MOTION: Councilmember Straughan moved and Councilmember Beaulieu seconded that the motion be amended to include a condition that the applicant include an extra -cost option to the buyer of double - glazing as an energy conservation measure. The amendment was carried by a unanimous voice vote. VOTE ON THE MAIN MOTION The motion was carried by.unanimous roll call vote. 7.B. Adoption of Planning Permit Fee Schedule. It was determined that the City Manager will review and report back to the Council on findings at the City Council meeting on September 7, 1983. 7.C. Review of CC &R's for PD -963. The City Manager gave the staff report. Mayor Yancy- Sutton declared the public hearing open. MINUTES OF THE CITY COUNCIL Moorpark, California 10 August 17, 1983 Jerry Goldstein, 11932 Los Angeles Avenue, Moorpark, stated that he was opposed to CC &R's prohibiting storage in carports. The public hearing was declared closed by Mayor Yancy- Sutton. MOTION: Councilmember Harper moved and Councilmember Prieto seconded the motion to approve the CC &R's. The motion was carried with a voice vote of 4 -0. Councilmember Straughan abstained. 8. COUNCIL COMMENTS AND OTHER ITEMS OF BUSINESS The City's appointment to the Mosquito Abatement District was discussed. MOTION: Councilmember Straughan moved and Councilmember Beaulieu seconded a motion that Charles Rothdeutsch be appointed to serve on the Mosquito Abatement District. The motion carried by unanimous voice vote. 9. ADJOURNMENT Councilmember Straughan moved and Councilmember Beaulieu seconded a motion to adjourn the meeting. The motion carried by unanimous voice vote. Mayor ATTEST: City Clerk