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HomeMy WebLinkAboutMIN 1984 0321 CC REGMoorpark, California March 21, 1984 The regular meeting of the City Council of the City of Moorpark, California, was held on March 21, 1984, 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 Roger 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, Director of Community Development; Mark C. Allen, Jr., City Attorney, and Cheryl Kane, Attorney at Law, both from the firm of Burke, Williams and Sorensen, Lt. Arve Wells, County Sheriff's Department; and Doris D. Bankus, City Clerk. The Mayor introduced Marshall W. Julian, who will serve as interim City Manager pending the appointment of a new City Manager. 4. APPROVAL OF MINUTES It was moved by Councilmember Straughan, seconded by Councilmember Prieto and unanimously carried that the minutes of the regular meeting of August 3, 1983 be approved as recorded. It was moved by Councilmember Straughan, seconded by Councilmember Prieto and unanimously carried that the minutes of the regular meeting of March 7, 1984, be approved as recorded. 5. PUBLIC COMMENT Mr. Dan Schmidt, representing The Mirror, addressed Council requesting permission to place a newsrack at the Community Center. He was informed that the City Council could not consider such a request because the County still retains jurisdiction over the on Community Center property. By general consent the request was also referred to the City Attorney for recommendation. 6. HEARINGS 6.A. Southern California Edison Company - Application for Franchise By general consent this item was continued to the meeting of April 4, 1984. 6.B. Southern California Gas Company - Application for Franchise By general consent this item was continued to the meeting of April 4, 1984. 6.C. Development Plan No. DP -300 (Cabot, Cabot & Forbes) The Director of Community Development presented his report dated March 21, 1984, providing an overview of the project and making certain recommendations concerning the project. Attached to said report was a complete duplicate file of the application and all related documents. After discussion between the Director of Community Development and members of the Council, the Mayor declared the hearing opened, and the City Clerk presented Affidavit of Posting of notice of this hearing in the three public places within the City as designated by Resolution No. 83 -11, adopted July 2, 1983. Said Affidavit of Posting, together with the report of the Director of Community Development were received and filed by general consent. The following persons presented testimony concerning the subject project: Ed Ball, of Cabot, Cabot & Forbes, applicant; David Osborne, Architect on the project; George Moore, 21 S. California Street, Ventura, Landscape Architect for the project. During his testimony, Mr. Ball proposed the formation of a Traffic Mitigation Committee to evaluate the traffic problems on Highway #118 in the vicinity of the proposed project, and suggested language was provided regarding the formation, purpose and function of such a committee. There was considerable discussion concerning whether or not the Council could properly certify the Negative Declaration, inasmuch as it is recognized that there is a traffic problem on Highway #118. At the request of the Director of Community Development, a recess was called by the Mayor, the time being 8:00 p.m. -2- The meeting was reconvened at 8:17 p.m., all members of the Council being present. The Director of Community Development presented and read pro- posed Condition No. 48, which met with approval of the Applicant and staff regarding the formation of a Traffic Mitigation Com- mittee. After discussion and there being no further testimony to be heard, the public hearing was declared closed. It was moved by Councilmember Straughan and seconded by Council- member Prieto that the Council has reviewed and considered the information contained in the Negative Declaration, does find that the proposed project will not have a significant effect on the environment, and does certify that the Negative Declaration has been completed in compliance with CEQA and State EIR Guidelines issued thereunder, which motion was carried by the following roll call vote: AYES: Councilmembers Straughan, Prieto, Beaulieu and Mayor Yancy- Sutton; NOES: Councilmember Harper; ABSENT: None. Councilmember Harper stated that his opposition was based upon his opinion that the Negative Declaration was not the proper environmental document to be used in the existing situation involving the traffic problem on Highway #118. It was then moved by Councilmember Straughan and seconded by Councilmember Prieto that DP -300 be approved subject to the addition of Condition No. 48, and that Resolution No. 84 -73, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CERTIFYING THE NEGATIVE DECLARATION AND APPROVING DEVELOPMENT PLAN PERMIT NO. DP -300, ON APPLICATION OF CC &F MOORPARK PROPERTIES, INC. which motion was carried by the following roll call vote: AYES: Councilmembers Straughan, Prieto, Beaulieu, Harper and Mayor Yancy - Sutton; NOES: None; ABSENT: None. 7. WRITTEN COMMUNICATIONS 7.A. Report from Bill Mitchell re March 13, 1984 meeting of VCAG Citizens Transportation Advisory Committee There was discussion regarding the proposed installation of free- way Call Boxes, which matter was continued pending receipt of further information. Report received and filed. -3- 8. COMMENTS BY COUNCILMEMBERS Councilmember Straughan stated that he had received numerous calls regarding the parking of heavy duty equipment on Peach Hill Road for extended periods of time. He stated that he had discussed the matter with Lt. Wells and had been informed that the matter was being handled by the Sheriff's Department. Councilmember Straughan referred to a recent report in the Star Free -Press concerning the proposed transporting of oil by train from Santa Barbara County during the period when the pipe for such purpose is under construction, rather than by tanker, and urged Council to oppose such plan. Mayor Yancy- Sutton stated that SCAG is preparing a study regarding the matter and suggested that a copy of such study be obtained. She also feels Council should oppose the plan, stating that it is not known how long before the pipeline will be constructed. By general consent, Mr. Fritz was instructed to obtain a copy of said SCAG report. Councilmember Beaulieu suggested that our local legislators be advised of Council's concern. Councilmember Beaulieu requested the Director of Community Development to contact the County in regard to possible zoning violations with impromptu storage areas in the community, naming specifically (1) near Mayflower Market; (2) across from Happy Camp Creek along Los Angeles Avenue in Virginia Colony. Councilmember Harper referred to a communication dated March 12, 1984, received recently by members of the Council from Planning Commissioner Doris Miller, requesting clarification regarding several items of concern regarding the roll of the Planning Commission, and suggested that a joint meeting between the Planning Commission and the City Council be arranged pursuant to her request. Councilmember Prieto stated that he had received similar comments from members of the Recreation and Parks Commission. By general consent the City Manager was instructed to arrange for joint meetings between the two commissions and the City Council. Councilmember Harper requested and received from the Director of Community Development a progress report on the General Plan revision. In regard to the Traffic Mitigation Committee to be formed pursuant to the provisions of DP -300 (CC &F), Councilmember Harper suggested that local county and state officials and legislators be con- tacted to ensure that we receive cooperation from Caltrans regarding participation on the committee, and also to request the assistance of the county and state officials in solving the problem of traffic on Highway #118. -4- Councilmember Straughan requested and received a status report regarding the Firearms Committee. Upon inquiry by Councilmember Straughan, the Director of Com- munity Development advised that he had referred the matter of illegal dumping in the City to the County Environmental Health Department, but had not received a report back as yet. 9. CONSENT CALENDAR None. 10. BUSINESS SESSION 10.A. Planning Commission Conference Attendance Oral Report by Jim Hartley, Chairman Chairman Hartley gave a brief oral report on attendance by three Commissioners at the Planning Commissioners Institute sponsored by the League of California Cities in San Diego, February 29 through March 2, 1984. 10.B. Amendment to Municipal Code re Exceptions to Competitive Biddina Reauirements. The City Attorney presented Ordinance No. 16 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK AMENDING SECTION 3.12.270 OF THE MUNICIPAL CODE, REGARDING EXCEPTIONS TO COM- PETITIVE BIDDING REQUIREMENTS It was moved by Councilmember Straughan, seconded by Council - member Beaulieu and unanimously carried to waive further reading of said Ordinance No. 16. It was then moved by Councilmember Straughan and seconded by Councilmember Prieto that said Ordinance No. 16, entitled as hereinabove set forth, be introduced. Motion carried by the following roll call vote: AYES: Councilmembers Straughan, Prieto, Beaulieu, Harper and Mayor Yancy - Sutton; NOES: None; ABSENT: None. 10.C. Area Housing Authority The City Attorney presented Ordinance No. 17, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA FINDING THAT A MAJORITY OF THE QUALIFIED ELECTORS OF THE CITY OF MOORPARK HAVE AUTHORIZED THE AREA HOUSING AUTHORITY OF THE COUNTY OF VENTURA TO DEVELOP GOVERNMENT- ASSISTED HOUSING FOR LOW INCOME PERSONS IN THE CITY OF MOORPARK. -5- It was moved by Councilmember Straughan, seconded by Council - member Harper and unanimously carried to waive further reading of said Ordinance No. 17. It was then moved by Councilmember Harper and seconded by Councilmember Straughan that said Ordinance No. 17, entitled as hereinabove set forth, be introduced. Motion carried by the following roll call vote: AYES: Councilmembers Harper, Straughan, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. 10.D. Public Employees' Retirement System (PERS) Contract The City Clerk presented certification of the holding of an employee election regarding participation in the Public Employees' Retirement System, certifying that the results of such election were as follows: Number of employees eligible to vote ------ - - - - -- 3 Number of votes approving said participation - - -- 3 Number of votes disapproving said participation - 0 In compliance with Section 7507 of the Government Code, the City Clerk then reported publicly that the future annual costs, as determined by the System Actuary, in report dated December 27, 1983, would be approximately $5,908.00. The City Attorney then presented Ordinance No. 17, entitled:] AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING A CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF MOORPARK AND THE BOARD OF ADMINIS- TRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. It was moved by Councilmember Straughan, seconded by Council - member Harper and unanimously carried to waive further reading of said Ordinance No. 17. It was then moved by Councilmember Straughan and seconded by Councilmember Harper that said Ordinance No. 17, entitled as hereinabove set forth, be introduced. Motion carried by the following roll call vote: AYES: Councilmembers Straughan, Harper, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. Q3' 46.._ RECESS Mayor Yancy- Sutton declared a recess, the time being 9:00 p.m. The meeting reconvened at 9:15 p.m., all members of the Council being present. NON- AGENDA ITEM The City Attorney presented an agreement between the City of Moorpark and Marshall W. Julian, appointing Mr. Julian as City Manager. It was moved by Councilmember Prieto and seconded by Councilmember Harper that the agreement be approved, and the Mayor and City Clerk authorized to execute same on behalf of the City. Motion carried by the following roll call vote: AYES: Councilmembers Prieto, Harper, Beaulieu, Straughan and Mayor Yancy- Sutton; NOES: None; ABSENT: None. 10.N. Legal Publication - Request for Authority to Solicit Bids (This item taken out of order) At the request of the City Attorney, this item was considered at this time. It was moved by Councilmember Straughan and seconded by Council - member Harper that the Notice Inviting Bids on the Publication of the Ordinances of the City and the City Clerk be instructed to post the notice in the three public places within the City as designated by Resolution No. 83 -11, adopted July 2, 1983; also to publish the Notice in the Moorpark News, and to mail a copy of the Notice to each newspaper in Ventura County. Motion carried by the following roll call vote: AYES: Councilmembers Straughan, Harper, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. 10.E. Development Plan No. DP -294 (Prudential Overall Supply) Request for Reconsideration of Council's Decision Regarding an Environmental Impact Report The Director of Community Development presented his report dated March 21, 1984, giving an overview of the matter before the Council. Attached to said report was a written request of Prudential Overall Supply, dated March 7, 1984, for a recon- sideration of Council's earlier determination that a full Environmental Impact Report be furnished for the proposed project. Also attached was a copy of "availability letter" dated February 28, 1984, from Ron Brazill, Engineer- Manager of the Ventura County Waterworks District to Prudential Overall Supply. -7- The Director of Community Development then presented a com- munication dated March 20, 1984 from Ron Brazill, Engineer - Manager of the Ventura County Waterworks District, furnishing information to the Council regarding the amount of water pro- jected to be used by the applicant, and making a statement regarding the effect of the daily treatment of the wastewater from said industrial plan on third stage wastewater treatment at a future date. During discussion Councilmembers Straughan, Harper and Beaulieu expressed concern over the amount of water which would be used in the operation of the proposed facility, as well as frequency and method of inspection. The Mayor then invited comments from the applicant, and the following persons addressed Council: Glen Gessford, of Carlsberg Development Company 2800 28th Street, Santa Monica, CA 90405 Blair Gallagher, of Prudential Overall Supply Co. 3375 E. Elm Street, Brea, CA 92621 The Mayor then closed the public testimony portion of Council's consideration of the matter, and Councilmember Prieto stated that he believed that the actual permit will contain necessary details and that he believed that the availability letter is adequate. He then moved that with the additional information received by the Council, the original Mitigated Negative Declaration is adequate for the proposal, which motion was seconded by Councilmember Straughan. There was discussion concerning independent monitoring of the operation, and the placing of a cap on the amount of water to be used, after which the Mayor called for the question, with the following result: AYES: Councilmember Prieto and Mayor Yancy- Sutton; NOES: Councilmembers Straughan, Beaulieu and Harper; ABSENT: None. There then followed a further discussion regarding the placing of a cap on the quanity of water used, which discussion was participated in by members of the Council and Mr. Gallagher, representing the applicant. It was then moved by Councilmember Prieto and seconded by Councilmember Straughan that the Council determine that an Environmental Impact Report or a revised and expanded Mitigated Negative Declaration are not necessary for the approval of the subject DP -294, which motion carried by the following roll call vote: AYES: Councilmembers Prieto, Straughan and Mayor Yancy- Sutton; NOES: Councilmembers Beaulieu and Harper; ABSENT: None. -8- The Mayor declared a recess, the time being 10:45 p.m. The meeting reconvened at 10:55 p.m., all members of the Council being present. 10.F. Planned Development No. PD -851 (Pacifica) The Director of Community Development presented his report dated March 21, 1984, together with communication dated March 15, 1984, from Jon B. Hedberg, President of The Pacifica Corporation, dated March 15, 1984, requesting approval of Plot Plan with sequence of homes to be built in first phase of development of Tract 2865, Steeple Hill, said Plot Plan to include 6 models and one structure to be used as a sales office pavilion. Also submitted in said letter was a request that Condition P of Residential Planned Development be modified to permit final Plot Plan approval to be given by the Director of Community Development rather than the City Council. Mr.Hedberg, of Pacifica Corporation, addressed Council briefly in support of his request, after which it was moved by Councilmember Straughan and seconded by Councilmember Harper that the Council approve the plotting as set forth on the submitted Plot Plan, and that the requirements of Condition P of Residential Planned Develop- ment PD -851 (Pacifica Corporation) be modified to require final plot plan approval to be given by the Director of Community Develop- ment rather than the City Council. Motion carried by the following roll call vote: AYES: Councilmembers Straughan, Harper, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. 10.G. Approval of Final Map - Tract 3537 -1, 2, 3 and 4 (Regal Homes) Communication dated March 21, 1984 was presented from Ron Brazill, Deputy Director of Public Works, providing details of the subject subdivision and making recommendations regarding approval of final maps for said subdivision improvement. There was considerable discussion regarding submission of letters of credit rather than bonds, with concern expressed as to the adequacy of protection provided the City. It was pointed out by the Director of Community Development that the Public works Aqency had reviewed the surety and found it satisfactory, and had recommended approval and acceptance. Hubie Loren 100 S. Los Angeles Avenue, Moorpark, representing Regal Homes, addressed Council urging acceptance and approval of Final Mans of the subject subdivision. It was moved by Councilmember Straughan and seconded by Council - member Prieto that the following action be taken subject to approval by the City Manager and the Director of Community Development of the adequacy of the surety in the form of the letters of credit: -- Approve the Final Maps for Tracts 3537 -1, 2, 3 and 4 and authorize the Mayor and City Clerk to sign the title sheets accepting for public use the right -of -way for Los Angeles Avenue and Majestic Court and the access easement over the private driveways on behalf of all governmental agencies providing for public safety, health and welfare as shown on the maps, and to return the executed Final Maps to Ventura County Public Works Agency, Real Property Services, for recordation; -- Authorize the Mayor to sign the Agreements for Construction of Subdivision Improvements and direct the City Clerk to retain the original Agreements and return two executed copies for each tract to the Ventura County Public Works Agency, Real Property Services, for transmittal to the Developer and Surety Company; -- Direct the City Clerk to retain the Letters of Credit; -- Accept Easements Deeds for off -site right -of -way on Los Angeles Avenue and Majestic Court for and on behalf of the City of Moorpark, as follows: RESOLUTION NO. 84 -75 -a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ACCEPTING EASEMENT DEED FROM PHIL A. STEPHENS RE LOS ANGELES AVENUE, WITHIN SAID CITY. RESOLUTION NO. 84 -76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ACCEPTING EASEMENT DEED FROM ROBERT BURNETTE AND PAULETTE S. BURNETTE RE LOS ANGELES AVENUE, WITHIN SAID CITY. RESOLUTION NO. 84 -77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ACCEPTING EASEMENT DEED FROM LINDA J. LA RUE RE LOS ANGELES AVENUE, WITHIN SAID CITY. -10- RESOLUTION NO. 84 -78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ACCEPTING EASEMENT DEED FROM LINDA J. LA RUE RE MAJESTIC COURT, WITHIN SAID CITY. -- Authorize the Mayor and City Clerk to sign the Resolution Accpeting Deed attached to each Deed and direct the City Clerk to return the original executed Deeds to Ventura County Public Works Agency, Real Property Services Department for final processing. Said motion was carried by the following roll call vote: AYES: Councilmembers Straughan, Prieto, Beaulieu, Harper and Mayor Yancy- Sutton; NOES: None; ABSENT: None. 10.H. Tract No. 2723 - Acceptance of Subdivision Improvements AND 10.I. Tract No. 3096 -3 - Acceptance of Subdivision Improvements (Continued from 3 -7 -84) It was moved by Councilmember Harper, seconded by Councilmember Straughan and unanimously carried that both of the above items be continued to the next Council Meeting, and that staff provide a recommended policy regarding acceptance of improvements prior to completion of a tract. 10.J. Moorpark Lighting Maintenance Assessment District No. AD -84 -2 The City Attorney presented Resolution No. 84 -74, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK APPROVING THE ENGINEER'S REPORT FOR " MOORPARK LIGHTING MAINTENANCE DISTRICT AD- 84 -2." 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. 84 -74, entitled as above, 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. The City Attorney presented Resolution No. 84 -75, entitled: -11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK DECLARING ITS INTENTION TO ORDER THE FORMATION OF " MOORPARK LIGHTING MAINTENANCE DISTRICT AD- 84 -2," PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND FIXING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. It was moved by Councilmember Straughan and seconded by Council - member Harper to waive further reading of said Resolution No. 84 -75, and that said Resolution, entitled as above, 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. 10.K. Controlling Future Development in Unincorporated Areas Around the City By general consent this matter was continued pending receipt of further information. 10.L. Claim of Joan M. Skinner It was moved by Councilmember Harper, seconded by Councilmember Beaulieu and unanimously carried that the claim of Joan M. Skinner, mother of deceased Michael Allen Skinner, be denied, and the matter referred to the City Clerk for further handling. 10.M. Maintenance Agreement for Sony Dictation Equipment It was moved by Councilmember Harper, seconded by Councilmember Prieto and unanimously carried that the City not enter into a maintenance agreement for the Sony dictation equipment at the present time, and that the City Manager be authorized to obtain maintenance quotes from other suppliers of such service. RECESS The Mayor declared a recess at this time, the time being 12:10 a.m. The meeting was reconvened at 12 :20 a.m., all members of the Council being present. 10.0. Employee Benefits By general consent, this matter was continued to the Council Meeting of April 4, 1984, and the City Manager instructed to review the proposed benefits and report back to the Council; also to include in his review a recommendation for benefits for part -time employees. -12- 10.P. Job Descriptions /Salaries - Administrative Clerk and Clerk Typist /Receptionist By general consent this matter was also continued to the Council Meeting of April 4, 1984, and the City Manager instructed to review the recommendations contained therein and report back to the Council. 10.Q. Revised City Budqet - Fiscal Year 1983 -84 It was moved by Councilmember Straughan, seconded by Councilmember Harper and unanimously carried to adopt the revised budget for fiscal year 1983 -84 as presented by the City Manager. 10.R. Channel Counties Division Expense Fund It was moved by Councilmember Straughan, seconded by Councilmember Harper and unanimously carried to approve the payment of $50.00 to Channel Counties Division of League of California Cities as requested in communication dated March 6, 1984, from Paul A. Lanspery, Secretary, Channel Counties Division. 10.S. Approval of Warrants It was moved by Councilmember Straughan and seconded by Council - member Prieto that demands totaling $5,846.06, as approved by the City Manager, be approved, and that warrants be drawn for each of the following, to wit: DEMAND NO. CLAIMANT 207 Pacific Telephone 208 International Business Machines 209 County of Ventura 210 County Printing & Office Supply 211 Alan Camerano 212 James A. Hartley 213 John G. Gedney 214 Mark Barrera 215 Mary Jo Rasey 216 Niall Fritz 217 Doris D. Bankus TOTAL AMOUNT $ 263.17 87.34 45.34 62.58 343.10 186.08 250.00 40.00 617.44 2,592.86 1,358.15 $5.946.06 10�T. Submission of Grant Application to State Office of Traffic Safetv. Lt. Wells, of the County Sheriff's Department addressed Council, advising that he was preparing and would submit by April 1, 1984, -13- an application to the Office of Traffic Safety of the State of California, for funds to promote traffic safety in the City of Moorpark. The funds would be used for such items as accident investigation equipment, radar equipment, traffic engineering services, etc. He stated it was felt there was a good chance of approval of the application, in view of the unique problems facing the City; and that the application addresses the basic needs of the City, and that he hoped for approval of from $50,000 to $75,000. 11 . FUTURE AGENDA ITEMS None. 12 . ADJOURNMENT There being no further business to come before the Council at this time, it was moved by Councilmember Beaulieu, seconded by Councilmember Straughan and unanimously carried that the meeting be adjourned. Respectfully submitted, iL7.--- ,Va--k-1-446 .-/ DORIS D. BANKU , City Clerk Approved: II A (I' ..' 011 411wAZI,•.— drayor -14-