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HomeMy WebLinkAboutMIN 1984 0418 CC REGMoorpark, California April 18, 1984 The regular meeting of the City Council of the City of Moorpark, California, was held on April 18, 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 Clinton harper. 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: Marshall W. Julian, City Manager; Niall Fritz, Director of Community Development; Mark C. Allen, Jr., City Attorney, and Scott Field, 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. 4. APPROVAL OF MINUTES It was moved by Councilmember Beaulieu, seconded by Councilmember Prieto and unanimously carried that the minutes of the regular meeting of April 4, 1984, be approved as recorded. 5. PUBLIC COMMENT Frank Knickelbein, 4893 Avedon Road, Moorpark, addressed Council expressing concern regarding the extent of the City's legal notice regarding development projects. Response was given by the Director of Community Development. Rich Brooks, 15033 Marquette Street, Moorpark, addressed Council advising that he is the Neighborhood Watch Coordinator for the neighborhood council in his area, and asked the support of Council for the program. -1- 6. PRESENTATIONS /PROCLAMATIONS Mario Silos, representing American Legion Post #405, presented an American Flag and a California Flag to the City. The Flags were accepted by Mayor Yancy- Sutton on behalf of the citizens of Moorpark. Mayor Yancy- Sutton issued a Proclamation declaring April 24, 1984 as "General Federation Day" and proclaiming the week of April 22, 1984, as "General Federation of Women's Clubs" Week in Moorpark. 7. HEARINGS 7.A. Southern California Edison Company - Application for Franchise (continued from April 4, 1984) By general consent the matter was continued to the Council Meeting of May 2, 1984. 7.B. Southern California Gas Company - Application for Franchise (continued from April 4, 1984) By general consent the matter was continued to the Council Meeting of May 2, 1984. 7.C. DP -294 - Prudential Overall Supply The Director of Public Works reviewed his report to Council dated April 18, 1984, in which he had outlined background information and, in addition, recommended additional conditions to be imposed if Council grants the subject permit. The City Clerk presented Affidavit of Posting of Notice of this hearing at the three public places in the City, as designated as the Moorpark City Council by Resolution No. 83 -11, adopted July 2, 1983. The Mayor then declared the hearing opened and the following persons addressed Council regarding the matter: Don Clark, President of Prudential Overall Supply Co., 1661 Alton Avenue, Santa Ana, California; Blair Gallagher, of Prudential Overall Supply Co., 1661 Alton Avenue, Santa Ana, California; Stephen P. Anderson, 13820 Bear Valley Road, Moorpark; Tom Baldwin, 6475 Pepperdine, Moorpark; Lucile Estes, 1285 Carmel Drive, Simi Valley, CA There being no further testimony to be heard at this time, the hearing was declared closed. -2- During Council discussion regarding the subject matter, Council- member Beaulieu expressed concern regarding the amount of water to be used daily for the operation of the business, and urged Council to impose a 45,000 gallon per day cap in the event of a community -wide water shortage. The representatives of the applicant expressed agreement with such a condition, and Councilmember Beaulieu urged that Council adopt same. Councilmember Harper expressed concern because the City will not be involved with the environmental monitoring process. After discussion it was agreed to add the following condition to those recommended by the Director of Community Development: 1175. In every instance where a particular agency or entity is designated to approve or regulate particular activities, the City Council may add or substitute other agencies or entities to approve or regulate such activity. and applicant agrees to comply with the requirements of such additional or alternate agency or entity." Mr. Clark, speaking for the applicant, stated that the condition was acceptable, providing it would be anolied uniformly. It was moved by Councilmember Prieto and seconded by Councilmember Strauqhan that the Council does find that the proposed project will not have a significant effect on the environment and does certify that the Mitigated Negative Declaration has been completed in compliance with CEQA and State EIR Guidelines issued thereunder. Under discussion, Councilmember Harper suggested that recommended Conditions Nos. 72, 73, 74 and 75 be inserted into the language of the environmental document. Councilmember Prieto, with the consent of Councilmember Straughan, then modified his motion to include Councilmember Haruer's suggestion. The modified motion was then carried by the following roll call vote: AYES: Councilmembers Prieto, Straughan, Harper and Mayor Yancy- Sutton; NOES: Councilmember Beaulieu; ABSENT: None. It was then moved by Councilmember Prieto and seconded by Councilmember Straughan that the Council has reviewed and consid- ered the information contained in the Negative Declaration, does approve DP -294, with the addition of the recommended Conditions Nos. 72, 73, 74 and 75, and does adopt Resolution No. 84 -81, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CERTIFYING THE MITIGATED NEGATIVE DECLARATION AND APPROVING DEVELOPMENT PLAN PERMIT NO. DP -294, ON APPLICATION OF PRUDENTIAL OVERALL SUPPLY. Wn Said motion to adopt Resolution No. 84 -81 was passed by the following roll call vote: AYES: Councilmembers Prieto, Straughan and Mayor Yancy- Sutton; NOES: Councilmembers Beaulieu and Harper; ABSENT: None. RECESS Mayor Yancy- Sutton declared a recess, the time being 8:20 p.m. The meeting was reconvened at 8:35 p.m., with all members of the Council present. Don Clark, President of Prudential Overall, addressed Council expressing appreciation for the open- mindedness of members of the Council and staff in the processing of the subject applica- tion. He stated that Prudential Overall is concerned with the growth and development of the area and will cooperate in the development and operation of the project. He then offered a scholarship, with the details to be worked out by Mr. Gallagher and an individual to be designated by the Council. 7.D. General Plan Amendment GPA -84 -1 In announcing the public hearing under this item of the agenda, Mayor Yancy- Sutton stated that because of a possible conflict of interest she would not preside over the discussion and decision regarding the first component of the General Plan Amendment, that being the application of A -C Construction, Inc. /Southeast Community Core Neighborhood. She turned the gavel over to Mayor pro tempore Al Prieto, who then presided, and the Mayor left the bench. The City Clerk presented Affidavit of Posting of Notice of this hearing at the three public places in the City, as designated by the Moorpark City Council by Resolution No. 83 -11, adopted July 3, 1983. She also presented Proof of Publication of Notice of this hearing in The Moorpark News, on March 15, 1984. Said documents were filed by general consent. FIRST COMPONENT OF GPA -84 -1 - A -C Construction, Inc. and Southeast Communitv Core Neiahborhood The Director of Community Development gave an overview of the first component of the General Plan Amendment, the applicants being A -C Construction, Inc. and Southeast Community Core Neighborhood. The application requested that the A -C construction property be redesignated from Residential to Commercial, and that the remaining two parcels of property be redesignated as Very High Density Residential. -4- Mayor Pro Tem Prieto then declared the public hearing opened and the following persons addressed Council in support of the application: John Newton, 165 High Street, representing the three property owners of the subject property; gave history of properties and described the pro- posal, using visual displays in his presentation; Bernie Golds, 198 Lorraine Lane, Moorpark; Vicki Hale, 1660 Townsgate, Westlake; Wilma Van Daalen, 51 Fremont Avenue, Moorpark; Ev Braun, 13142 Peach Hill Road, Moorpark Steve Anderson, 4875 Moorpark Road, Moorpark, of A -C Construction; Bob Burnette, 202 E. Los Angeles Avenue, Moorpark Wilma Van Daalen, 51 Fremont Avenue, Moorpark, also presented a communication dated April 18, 1984, signed by herself and two others, in support of the application. There being no further testimony to be heard regarding this first component of the General Plan Amendment, the Mayor Pro Tem declared this portion of the public hearing closed. During Council discussion regarding this particular component, the issue of traffic on Los Angeles Avenue was discussed, particularly from Moorpark Road westerly to the current Heatherglen development. Councilmembers Straughan and Harper urged that a traffic study be done on the area. By general consent the hearing was re- opened and John Newton again addressed Council, requesting that the projects be approved subject to certain things happening, such as signalization, overpass for the school children and staff, etc. Jim Hartley, Chairman of the Planning Commission, addressed Council responding to the discussion pertaining to the Planning Commission Hearing. Norm Flowers, Civil Engineer, 455 East Main Street, Ventura, stating that in his opinion, there would be traffic problems in the area whether or not the planning remains the same. There was discussion concerning the projected population for the projects, and there being no further testimony, the hearing was closed again. It was then moved by Councilmember Straughan and seconded by Councilmember Harper that the A -C Construction portion of the application for amendment to the General Plan be denied and that the Southeast Community Core Neighborhood portion of the applica- tion for amendment to the General Plan be redesignated from M'C Medium Density Residential to High Density Residential, which motion carried by the following roll call vote: AYES: Councilmembers Straughan, Harper and Mayor pro tempore Prieto; NOES: Councilmember Beaulieu; ABSENT: None; ABSTAIN: Mayor Yancy- Sutton: Mayor pro tempore Prieto then declared a recess, the time being 10:45 p.m. The meeting was reconvened at 11:00 p.m., all members of the Council being present. It was moved by Councilmember Harper, seconded by Councilmember Beaulieu and unanimously carried that the matter be reconsidered. After discussion it was moved by Councilmember Straughan and seconded by Councilmember Harper that the City Attorney be in- structed to prepare a resolution of denial on the A -C Construction component of the proposed General Plan Amendment. Motion failed to pass by the following roll call vote: AYES: Councilmembers Straughan and Harper; NOES: Councilmember Beaulieu and Mayor pro tempore Prieto; ABSENT: None; ABSTAIN: Mayor Yancy- Sutton. It was then moved by Councilmember Straughan and seconded by Council - member Harper that this component of the General Plan Amendment be continued to the next meeting of the City Council. Motion failed to pass by the following roll call vote: AYES: Councilmembers Straughan and Harper; NOES: Councilmember Beaulieu and Mayor pro tempore Prieto; ABSENT: None; ABSTAIN: Mayor Yancy- Sutton. It was moved by Councilmember Beaulieu and seconded by Mayor pro tem Prieto that the City Attorney be instructed to prepare a resolution of approval for this component of the proposed amendment to the General Plan that would designate as Commercial the property at the corner of Moorpark Road and Los Angeles Avenue, as shown on Exhibit No. 5, presented by the representative of the applicants of this component of the proposed General Plan Amendment (encom- passing the property belonging to Mr. Nicola and about 2/3 of the property owned by A -C Construction); and that the balance of the property included within this compenent of the General Plan Amendment would be designated as "H ". Motion failed to pass by the following roll call vote: AYES: Councilmember Beaulieu and Mayor pro tem Prieto: NOES: Councilmembers Straughan and Harper; ABSENT: None; ABSTAIN: Mayor Yancy- Sutton. It was moved by Councilmember Harper and seconded by Councilmember Straughan that the City Attorney be directed to prepare a resolution for presentation at the next meeting designating the entire A -C Construction Component at "H" and the second part of the resolution would direct the staff and the Planning Commission to start a re -study of the entire area on the South side of Highway 118 as (Los Angeles Avenue) from Moorpark Road to Beltramo Road (the existing Griffin development), such study to be completed in a timely manner. Motion carried by the following roll call vote: AYES: Councilmembers Harper, Straughan, Beaulieu and Mayor pro tem Prieto; NOES: None; ABSENT: None; ABSTAIN: Mayor Yancy- Sutton. Mayor pro tem Prieto then handed the gavel back to Mayor Yancy- Sutton, who then presided over the meeting. SECOND COMPONENT OF GPA -84 -1 - Earl and Patsy Gilbert, et al. The Director of Community Development gave an overview of the second component of the General Plan Amendment, the applicants being Earl and Patsy Gilbert, et al, and the request being for the redesignation from Medium Low Density to General Commercial. The Mayor declared the public hearing opened and the following person addressed Council in support of the application: Anne Peters, 755 Walnut Canyon, Moorpark. There being no further public testimony to be heard, the hearing was declared closed. After discussion, particularly regarding traffic circulation problems on Los Angeles Avenue, it was moved by Councilmember Beaulieu and seconded by Mayor Yancy- Sutton that the City Attorney be instructed to prepare a resolution of approval for this par- ticular component for presentation at the next Council meeting. Motion failed to pass by the following roll call vote: AYES: Councilmember Beaulieu and Mayor Yancy- Sutton; NOES: Councilmembers Straughan, Harper and Prieto; ABSENT: None. It was moved by Councilmember Straughan and seconded by Council - member Prieto that the City Attorney be instructed to prepare for presentation at the next Council meeting a resolution of denial for this particular component of the General Plan Amendment. Motion passed by the following roll call vote: AYES: Councilmembers Prieto, Harper and Straughan; NOES: Councilmember Beaulieu and Mayor Yancy- Sutton; ABSENT: None. HAPPY CAMP PARK COMPONENT and TIERRA REJADA COMPONENT The Director of Community Development gave an overview of the third and fourth components of the General Plan Amendment, said proposed amendments having been initiated by the City and County Planning staff. The Happy Camp Park Component amendment would change various land use designations as shown on Exhibit 8 of the application in order to accurately reflect the actual boundaries of the Happy Camp Regional Park. -7- The Tierra Rejada Component Amendment would establish new boundaries between OS -1 and OS -2 land use designations in the Tierra Rejada Valley, using existing property lines and roads instead of topo- graphic features, as shown on Exhibit 9 of said application. The Mayor declared the hearing to be opened, and there being no persons desiring to give testimony, the hearing was then closed. It was moved by Councilmember Straughan, seconded by Councilmember Prieto and unanimously carried that the City Attorney be instructed to prepare a resolution of approval for presentation at the next Council Meeting, said approval to be in accordance with the recommendation of staff and the Planning Commission. WF REPORTS OF COUNCILMEMBERS Councilmember Harper Birth of daughter, Heather Marie, was announced. Councilmember Prieto 1. Recommended approval of recommended policy of Recreation and Parks Commission regarding naming of parks. It was moved by Councilmember Harper, seconded by Councilmember Straughan and unanimously carried that the Council approve the park - naming policy of public parks as recommended by the Recreation and Parks Commission. 8.B. 2. By unanimous consent the Council approved the recommendation of the Recreation and Parks Commission that the public park in the Marlborough Tract be named "Monte Vista Nature Park ". 8.C. Councilmember Beaulieu No report. 8.C. Councilmember Straughan 8.C. 1. At the suggestion of Councilmember Straughan and by unanimous consent of the Council, the staff was directed to prepare for consideration a policy to be followed by Council regarding appointments to commissions and committees. 8.C. 2. By general consent, the staff was instructed to study and report back regarding expansion of notification procedures to include registered voters in addition to owners of record. 9. REPORTS OF STAFF 9.A. Pedestrian Safetv Protect - Application for SB 821 Funds The City Manager presented report dated April 13, 1984, recommending that Council authorize the submission of an application to Ventura County Association of Governments for a grant under Senate Bill 821 for the construction of sidewalks for pedestrian safety for the area along the East and West sides of Moorpark Avenue: 1. MOORPARK AVENUE - EAST SIDE $132,000 Construct curb, gutter and sidewalk between Los Angeles Avenue and Third Street. Work would involve relocation of utility poles, fire hydrants and reconstruction of driveways. 2. MOORPARK AVENUE - WEST SIDE $ 58,000. Construct curb, gutter and sidewalk between Third Street and High Street. Work would involve some driveway work and some tree removal. It was moved by Councilmember Harper, seconded by Councilmember Straughan and unanimously carried that the recommendation of the City Manager be approved and that an application be made to Ventura County Association of Governments requesting SB 821 funding for sidewalks along Moorpark Avenue to provide for pedestrian safety. 9.B. Census - 1985 - City Participation The City Manager reviewed his report dated April 18, 1984 and after discussion it was moved by Councilmember Straughan, seconded by Councilmember Beaulieu and unanimously carried that the City Manager be directed to advise the County Administrative Officer that the City of Moorpark is interested in participating in the proposed 1985 Special Census for Ventura County, at an approximate cost of $9,000. 9.C. Report on Highway #118 Redesi nation The City Manager reviewed his report dated April 12, 1984 and after discussion it was moved by Councilmember Straughan, seconded by Councilmember Prieto and unanimously carried that a public hearing be scheduled as part of the regular Council Meeting of May 16, 1984 for the purpose of explaining the proposed transfer of Highway 118 routing from High Street and Moorpark Avenue to Moorpark Road and Los Angeles Avenue, and to receive public input. 9.D. Santa Barbara Oil Transportation Plan The Director of Community Development presented his information report dated April 18, 1984, regarding the subject matter. He also reported that the Santa Barbara County Board of Supervisors, in reviewing the matter, had indicated that the Plan should be revised to remove rail as a preferred alternative, but that it should be retained as an option. The revised EIR will be issued at the end of the month and we will be furnished a copy; and the tentative schedule is for the EIR and the full Transportation Plan to be heard by the Santa Barbara County Board of Supervisors in June. We are to be notified of the hearing and kept informed of the Plan's progression. -9- 9.E. Open Bids - Leaal Publications for Cit The City Attorney stated that this was the time and place for the opening of the bids for the publication of the ordinances of the City, and the City Clerk opened and read bid proposals from the following newspapers published in Ventura County: Enterprise Mirror Moorpark News News Chronicle It was moved by Councilmember Beaulieu, seconded by Councilmember Harper and unanimously carried that pursuant to the provisions of the Notice Inviting Bids, the bids be taken under submission, to remain on file in the office of the City Clerk and open to public inspection, and that the matter be continued to the Council Meeting of May 2, 1984, at 7:00 p.m., to provide opportunity for any person to challenge the qualification of any bidder or object to the sufficiency of any bid. 10. CONSENT CALENDAR Excluded Items: 10.B. Report on Law Enforcement Contract - Excluded to 10.G. 10.C. Purchase of Typewriter - Excluded to 10.H. It was moved by Councilmember Harper and seconded by Councilmember Straughan that the balance of the Consent Calendar be approved as recommended, which motion carried by the following roll call vote: AYES: Councilmembers Harper, Straughan, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. 10.A. Joint Meeting with Recreation and Parks Commission - set date of May 23, 1984, at 7:00 p.m., and approved suggested items to be considered. 10.D. Authorization to Fill Position of Clerk Typist /Receptionist Authorized City Manager to fill the position of Clerk Typist /Recep- tionist at a salary not to exceed $922 per month. 10.E. Personnel Appointment - Appointed Mary Jo Rasey as Adminis- trative Clerk at Step 3 of the Salary Range ($1,138 per month) effective April 16. 1984. 10.F. Approval of Warrants - Demands totaling $3,129.12, as approved by the City Manager, be approved, and that warrants be drawn for each of the following to wit: OEM DEMAND NO. CLAIMANT AMOUNT 250 A -1 Printing $ 262.88 251 Pacific Bell 240.87 252 Moorpark News 110.96 253 Bright Spot Maintenance 125.00 254 John Gedney 50.00 255 Mary Jo Rasey 308.77 256 Niall Fritz 1,292.23 257 Doris D. Bankus 738.30 TOTAL $ 3,129.12 EXCLUDED CONSENT CALENDAR 10.G. Item 10.B. Report on Law Enforcement Contract After a brief discussion, it was moved by Councilmember Straughan, seconded by Councilmember Harper and unanimously carried that the conceptual plan for City law enforcement service beginning July 1, 1984, as outlined in the memorandum from the City Manager dated April 13, 1984, be approved and the County requested to proceed with the preparation of a contract for said service. 10.G. Item 10.C. Purchase of Typewriter After a brief discussion, it was moved by Councilmember Straughan, seconded by Councilmember Harper and unanimously carried that the purchase of one IBM Correcting Selectric III typewriter be authorized, at a cost of approximately $845.00. 11. ORDINANCES None. 12. RESOLUTIONS 12.A. Resolution Amending City Conflict of Interest Code to add position of Director of Community Development It was moved by Councilmember Harper and seconded by Councilmember Beaulieu that Resolution No. 84 -82, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADDING A DESIGNATED POSITION TO THE CONFLICT OF INTEREST CODE OF THE CITY OF MOORPARK. Motion carried by the following roll call vote: AYES: Councilmembers Harper, Beaulieu, Prieto, Straughan and Mayor Yancy - Sutton; NOES: None; ABSENT: None. -11- 13. FUTURE AGENDA ITEMS None. 14 . ADJOURNMENT There being no further business , the time being 12 :30 a.m. , by general consent the meeting was adjourned to April 25 , 1984 , at 7 : 00 p.m. , for a joint meeting with the Planning Commission. Respectfully submitted, DORIS D. BANKUS City Clerk APPROVED: Mayor -12-