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HomeMy WebLinkAboutMIN 1983 0907 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California September 7, 1983 A Regular Meeting of the City Council of the City of Moorpark was held on September 7, 1983 in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Yancy- Sutton called the meeting to order at 7:00 p.m. 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 Niall Fritz, City Manager/ Director of Community Development; Mark C. Allen, Jr., City Attorney; and Doris D. Bankus, City Clerk 4. PUBLIC COMMENTS: Rick Niec, 19436, Ventura Blvd., Tarzana, representing Griffin Homes, spoke regarding the landscape maintenance district for PD963. Dean Newman, 15750 -120 E. Los Angeles Avenue, spoke concerning the Mobile Home Rent Control Ordinance. Louise Rice - Lawson, 601 Daily Drive, Camarillo, spoke representing the Building Industry Association, on item 7.D., the Land Development Fee Resolution. Frank Knickelebein, 4893 Avedon Rd., spoke regarding dump truck traffic. Bill Mitchell, 6440 N. Berkeley Circle, spoke regarding dump trucks, traffic and the freeway connector. Bernardo Perez, 4237 Canario Ct., spoke regarding item 7.D., the Land Development Fee Resolution. Minutes of the City Council Moorpark, California Page 2 5. APPROVAL OF MINUTES: September 7, 1983 The minutes of July 2, 1983 were approved as amended. Page one, paragraph 3 amended to read " Adjutant Robert Baxter, on behalf of Moorpark Post 502, American Legion, presented and posted the United States Flag and led the Pledge of Allegiance." 6. PRESENTATIONS: 'A. Request from Moorpark Friends of the Library After Council discussion, consensus was reached as follows: CONSENSUS: By consensus, the Council determined to continue this item to an adjourned meeting on September 13, 1983 at 6:30 p.m. 7. BUSINESS ITEMS: A. Approval of Warrants The following warrants were submitted for approval: Warrants 130 - 135 $9,559.62 MOTION: Councilmember Straughan moved and Councilmember Beaulieu seconded a motion to approve the warrants. The motion carried by unanimous roll call vote. B. Transfer of Appropriations The staff recommendation was to approve a transfer of funds from the unappropriated General Fund to the Services and Supplies Account in the Amount of $3,000; to adjust Salaries and Benefits Accounts to provide compensation for a City Clerk in place of a Senior Secretary, the General Fund Contingency to be decreased by $4,595.00 and the Salaries and Benefits Accounts to be increased by $4,595.00. MOTION: Councilmember Straughan moved and Councilmember Harper seconded a motion to approve the transfer of appropriations as recommended by staff. The motion carried by roll call vote 4 -1, Councilmember Beaulieu dissenting. Minutes of the City Council Moorpark, California Page 3 C. Selection of City Auditor September 7, 1983 The staff recommendation was to select Arthur Young and Company as the City Auditor for fiscal year 1983 -84. MOTION: Councilmember Straughan moved and Councilmember Beaulieu seconded a motion to select Arthur Young and Company as the City Auditor for fiscal year 1983 -84. The motion carried by unanimous roll call vote. D. Land Development Fee Resolutions The staff report was given by Mr. Niall Fritz. MOTION: Councilmember Beaulieu moved and Councilmember Straughan seconded a motion to approve Resolution No. 83- 29, directing that certain former Ventura County Permit approval processes be performed by certain City officials. The motion carried by unanimous voice vote. MOTION: Councilmember Prieto and Councilmember Straughan seconded a motion to approve Resolution No. 83 -30, establishing a schedule of land development preliminary processing fee deposits effective September 7, 1983. The motion carried by voice vote 3 -2, Councilmembers Beaulieu and Harper dissenting. E. Authorization of Billing Rate for Director of Community Development The staff recommendation was to authorize a billing rate for the Director of Community Development at $30.00 per hour. MOTION: Councilmember Beaulieu moved and Councilmember Prieto seconded a motion to approve Resolution No. 83 -31, fixing real time cost accounting fees regarding land use applications. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 4 September 7, 1983 F. Authorization to Submit Contract Application to Public Employees Retirement System Mr. Fritz gave the staff report, stating that before a contract with the Public Employees Retirement System (PERS) can be entered into, PERS will conduct an actuarial study to compute the required City contributions. He said it was staff's recommendation to authorize the City Manager to submit the required questionnaire to the Public Employees Retirement system so the actuarial study could be completed. MOTION: Councilmember Harper moved and Councilmember Straughan seconded a motion to authorize the City Manager to submit the "Questionnaire for New Agency" to the Public Employees Retirement System. The motion carried by unanimous voice vote. G. Assignment of Funds to County Mr. Fritz gave the staff presentation. He said the City will receive funds from the State, authorized by the Transportation Development Act and the State Transit Assistance Act, for transit and road maintenance purposes. He said the apportionments for fiscal 1983 -84 total $147,648 of which the County has used $64,000 for bus service between Moorpark and the cities of Simi Valley and Thousand Oaks, and the remaining $83,000 for street maintenance. He said the Fiscal Analysis for incorporation of Moorpark did not assume that these funds would be available to the City during the first year of incorporation and the availability to the County during this first year of incorporation had been assumed, the County requests the Council to assign these funds to the County for this year. MOTION: Councilmember Prieto moved and Councilmember Harper seconded a motion to approve Resolution No. 83 -32, assigning the TDA and STA funds to the County of Ventura for fiscal year 1983 -84. The motion carried by unanimous voice vote. H. Waterworks District No. 1 Mr. Fritz reported that the most desirable method of obtaining jurisdiction of water and sanitation services appears to be the bifurcation of the District with the creation of a new waterworks Minutes of the City Council Moorpark, California Page 5 September 7, 1983 district to serve the surrounding agricultural areas and the remaining area of Waterworks District No. 1 to become a subsidiary district of the City. He said he met with Les Kovacs, Manager of Waterworks District No. 1, and Robert Braitman, Executive Officer of LAFCO. He said it was concluded that the County Public Works Agency should prepare the background studies necessary to have an application for the division of the District come before LAFCO. MOTION: Councilmember Straughan moved and Councilmember Harper seconded a motion to authorize the Mayor to sign a letter to the Board of Supervisors requesting that the Public Works Agency pursue the necessary studies to examine the option proposed above by Mr. Fritz and any other alternatives for allowing the City to assume responsibility for providing water and sewer services within the Moorpark corporate boundaries. The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 8:20 p.m. The meeting reconvened at 8:35 p.m. I. Adoption of Ordinance Adopting Various Ordinances of the County of Ventura The City Attorney presented Ordinance No. 6, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING BY REFERENCE VARIOUS ORDINANCES OF THE COUNTY OF VENTURA. MOTION: Councilmember Straughan moved and Councilmember Harper seconded a motion to read the ordinance by title only. The motion carried by unanimous roll call vote. MOTION: Councilmember Straughan moved and Councilmember Harper seconded a motion to waive further reading and declare Ordinance No. 6 introduced for first reading. The motion carried by unanimous roll call vote. J. Landscape Maintenance District for PD -963 (Griffin Homes Mayor Yancy- Sutton turned the gavel over to Mayor Pro Tem Al Prieto because of a possible conflict of interest with this item and Item 8.A. Minutes of the City Council Moorpark, California Page 6 September 7, 1983 Councilmember Straughan said that he must abstain from voting on this item and Item 8.A. because of a possible conflict of interest. Mr. Fritz gave the staff report indicating that staff's recommendation was to receive the petition submitted from Griffin Homes requesting the establishment of a landscaping maintenance assessment district to maintain street trees along Los Angeles Avenue and Tierra Rejada Road, maintain median landscaping in the median divider in Tierra Rejada Road, and maintain the park site to be improved in conjunction with the project. CONSENSUS: By consensus, the Council determined to receive the petition and refer the matter to the City Attorney for review. 8. PLANNING MATTERS: A. Residential Planned Development PD -903 (Griffin Homes Mr. Fritz gave the staff report. Rick Niec, 19436, Ventura Blvd., Tarzana, spoke representing Griffin Homes (PD 903). He asked the Council to adopt the proposed resolution and said that Griffin Homes accepted the conditions. MOTION: Councilmember Beaulieu moved and Councilmember Harper seconded a motion to adopt Resolution No. 83 -33 approving Residential Planned Development Permit PD -903 (Griffin Homes) . The motion carried by voice vote, Mayor Yancy- Sutton and Councilmember Straughan absent for the vote. AT THIS POINT in the meeting a recess was declared. The time was 9:25 p.m. The full Council reconvened with Mayor Yancy- Sutton again presiding at 9:35 p.m. Minutes of the City Council Moorpark, California Page 7 September 7, 1983 B. Residential Planned Development PD -851 (Pacifica & Pardeel and County Appeal Nos. 148 and 149. Mr. Fritz gave the staff report. He indicated that the western portion of the site was sold to Pardee and so the PD was held by two different builders. The Pacifica Corp. has ownership of 318 of the residential lots, and the Pardee Corp. has 304. He said the staff recommendation was to approve PD -851 and to direct that a resolution of approval be prepared for the meeting of September 21, 1983. Mayor Yancy- Sutton opened the public hearing. Stan Cohen, 500 Esplanade Drive, Oxnard, spoke as the attorney representing Pacifica. Charles Birke, 1801 Avenue of the Stars, Los Angeles, spoke as the attorney representing Pardee Construction. Leonard Frank, 10639 Santa Monica Blvd., Los Angeles spoke representing Pardee Construction. The following individuals spoke regarding the project: Gerry Goldstein, 11932 Los Angeles Avenue; Vicki Hale, 4292 Granadilla; Jan Weaver, 4238 Palomitas Circle; John Condit, 4257 Granadilla Drive; Wally Todd, 4240 Tecolote Ct.; Stephen Anderson, 13820 Bear Valley Road, representing the Marlborough Moorpark Homeowners Association; Mary Wade, 13432 Bonita Heights; Donna Ellis, 13604 Gunsmoke Rd.; and Lori McElroy, 13718 Bear Valley Rd. Mayor Yancy- Sutton closed the public hearing. After Council discussion, the following motion was heard: MOTION: Councilmember Straughan moved and Councilmember Beaulieu seconded a motion to direct staff to prepare the necessary resolutions approving PD -851 for adoption at the next regular City Council meeting. The motion carried by voice vote 4 -1, Councilmember Harper dissenting. Minutes of the City Council Moorpark, California Page 8 County Appeal Nos. 148 and 149 September 7, 1983 Mr. Fritz said Pacifica Corporation (Appeal 148) and the Council (Appeal 149) are appealing the Ventura County Planning Director's approval of a Minor Modification to PD -851. The modification is being appealed by one of the project developers, the Pacifica Corp. The subject modification was to allow the substitution of four new models to replace the presently approved six dwelling unit models of the permit. On June 61 1983, the Planning Director approved the Minor Modification. However, since the approval letter did not specifically state that the approval related to the elevations, colors, and materials, the Pacifica Corporation has appealed the County Planning Director's approval. The Council appealed the decision in that it is believed the changes constitute a major modification and that a comprehensive review should be conducted. MOTION: Councilmember Straughan moved and Councilmember Harper seconded a motion to direct the City Attorney to prepare resolutions denying Appeal 1148 filed by Pacifica Corp. regarding Residential Planned Development Permit No. PD -851 and approving Appeal 1149 for adoption at the next regular meeting. The motion carried by voice vote 4 -1, Councilmember Beaulieu dissenting. AT THIS POINT in the meeting a recess was declared. The time was 11:45 p.m. The Council reconvened at 12:05 a.m. 7. BUSINESS ITEMS: (Continued) I. Mobile Home Rent Control Ordinance No. 7 The City Attorney presented Ordinance No. 7, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK REGULATING MOBILE HOME PARK RENTS. MOTION: Councilmember Straughan moved and Councilmember Harper seconded a motion to read the ordinance by title only. The motion carried by unanimous roll call vote. Minutes of the City Council Moorpark, California Page 9 September 7, 1983 MOTION: Councilmember Straughan moved and Councilmember Harper seconded a motion to waive further reading declare Ordinance No. 7 introduced for first reading. The motion carried by roll call vote 4 -1, Councilmember Beaulieu dissenting. 8. PLANNING MATTERS: (Continued) C. Residential Planned Development PD -939 (STG Development ) Randy Richards of the Ventura County Planning Commission staff gave the staff report. Mayor Yancy- Sutton opened the public hearing. Frank Greenspan, 1429 Thousand Oaks Blvd., Thousand Oaks, spoke representing STG Development. Mayor Yancy- Sutton closed the public hearing. After Council discussion, the following motion was heard: MOTION: Councilmember Beaulieu moved and Councilmember Straughan seconded a motion to instruct the City Attorney to prepare a resolution for presentation at the next regular meeting approving proposed Residential Development Plan No. PD -939, subject to the conditions as approved by the County prior to the City's incorporation; the resolution to include additional conditions addressing concerns with the screening of the air conditioning and other roof - mounted equipment, a provision for landscaping a median in Los Angeles Avenue if one is approved by CalTrans, and the formation of an assessment district for the maintenance of such median landscaping. The motion carried by unanimous voice vote. D. Residential Planned Development PD -857 (U.S. Condominium After Council discussion, the following motion was heard: MOTION: Councilmember Harper moved to adopt Resolution 83 -34 denying Residential Planned Development Permit No. 857. THE MOTION DIED FOR LACK OF A SECOND. Minutes of the City Council Moorpark, California Page 10 September 7, 1983 MOTION: Councilmember Harper moved and Councilmember Straughan seconded a motion to have staff negotiate with the developer regarding the project conditions and bring the matter back to the Council. The motion carried by unanimous voice vote. 9. COUNCIL COMMENTS: None. 10. ADJOURNMENT: MOTION: Councilmember Beaulieu moved and Councilmember Harper seconded a motion to adjourn to September 13, 1983 at 6:30 p.m. The motion carried by unanimous voice vote. The time was 2:20 a.m. Mayor ATTEST: