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HomeMy WebLinkAboutMIN 1984 1003 CC REGOctober 3, 1984 Moorpark, California The regular meeting of the City Council of the City of Moorpark, California, was held on October 3, 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 7:07 p.m., Mayor Leta Yancy- Sutton presiding. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Jerry Straughan. 3. ROLL CALL r PRESENT: Councilmembers Roger Beaulieu, Clinton D. Harper, Albert Prieto, Jerry Straughan and Mayor Leta Yancy- Sutton; ABSENT: None. OTHER CITY OFFICIALS AND EMPLOYEES PRESENT: Steven Kueny, City Manager; Cheryl J. Kane, City Attorney; Niall Fritz, Director of Community Development; Sgt. Wm. Terry Hughes, County Sheriff's Department; Dennis Delziet, of Willdan Associates; and Doris D. Bankus, City Clerk. 4. APPROVAL OF MINUTES Moved by Councilmember Straughan, seconded by Councilmember Beaulieu and unanimously carried that the minutes of the Regular Meeting of September 19, 1984, be approved as corrected. 5. PROCLAMATIONS /COMMENDATIONS /PRESENTATIONS The Mayor presented 2 new employees of the City: Thomas "Tom" Coyle, Community Services Assistant, and Diane Eaton, Associate Planner, and explained their duties. S.A. California Traffic Safety Week - October 14 - 20, 1984 Proclaimed by the Mayor 5.B. National Fire Prevention Week - October 7 - 13, 1984 Proclaimed by the Mayor. 5.C. City of Thousand Oaks - 20th Birthday Resolution of Commendation adopted by general consent, to be presented by the Mayor at a later date. -1- 6. COMMENTS FROM THE PUBLIC None. 7. HEARINGS 7.A. Zone Change No. Z -2704; Tentative Tract Map No. TR -3998; Planned Development Permit No. PD -1012 (Urban West Communities), Request to develop 31 acres into 139 single - family and one recreational lot. Project overview was given by Randall Richardson, County Planning Department. The Director of Community Development then reviewed the Planning Com- mission's consideration and recommendation in the matter. The City Clerk presented the following documents, which were ordered received and filed by general consent: 1. Affidavit of mailing notice of this hearing to all property owners within 300 feet of the subject property; 2. Affidavit of posting notice of this hearing at the 3 public places within the City, as designated by Resolution No. 83 -11, adopted 7 -2 -83. The public hearing was declared open and the following person addressed Council in support of the project: Tom Zanic, representing Urban West Communities, the developer of the project. In his presentation, Mr. Zanic opposed the imposition of the condition requiring the establishment of a Community Facilities District pursuant to Section 53311, et seq., of the Government Code of the State of California, for the provision of law enforcement services and construc- tion of civic governmental facilities, which condition was recommended by the Planning Commission to the approval of Tentative Tract Map No. TR -3998. Mr. Zanic requested Council approval of the project and stated his agreement with all of the recommended conditions with the exception of the one hereinabove stated. There being no further testimony, the Mayor declared the hearing closed. During the discussion of the project, Council was addressed by Jean Albee, of the Moorpark Unified School District, concerning plans for school development in the area. Moved by Councilmember Straughan and seconded by Councilmember Harper that the Council does find that the environmental effects discussed in the EIR prepared for Planned Community No. 3 and the environmental effects of these proposed projects are similar enough to warrant the same treatment in an EIR, and does certify that the Planned Community -2- V No. 3 EIR adequately covers the impacts of these projects and, pursuant to Section 14162 of the State CEQA Guidelines, that this body has reviewed and considered the information contained therein and endorses the reasons which have been given in staff report dated October 3, 1984, for allowing the occurrance of the signifi- cant cumulative impacts identified in the EIR that was earlier prepared for Planned Community No. 3. Motion carried by the following roll call vote: AYES: Councilmembers Straughan, Harper, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. Moved by Councilmember Straughan and seconded by Councilmember Beaulieu that this Council does adopt the proposed findings and does approve Zone Change No. Z -2704 (Ordinance No. 32 introduced later in this meeting). Motion carried by the following roll call vote: t AYES: Councilmembers Straughan, Beaulieu, Harper, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. Moved by Councilmember Straughan and seconded by Councilmember Beaulieu that this Council does adopt the proposed findings and does approve Tentative Tract No. TR -3998, subject to conditions ecommende by Plauni g Commission. (Resolution No. 84 -140 adopted ater in t is meeting. At the suggestion of Councilmember Harper, the motion was amended by Councilmember Straughan, the maker of the motion, with the consent of the second, Councilmember Beaulieu, to provide that masonry facing on the side and rear yard walls be offered as a cost item to the buyers, and that the following condition as recommended by staff be adopted: Prior to recording, the subdivider shall establish a Community Facilities District puruant to Section 53311, et seq., of the Government Code of the State of California, for the provision of law enforcement services and construction of civic governmental facilities. Motion carried by the following roll call vote: AYES: Councilmembers Straughan, Beaulieu, Harper and Prieto; NOES: MAYOR Yancy- Sutton; ABSENT: None. Moved by Councilmember Straughan and seconded by Councilmember Harper that this Council does adopt the proposed findings and does approve Planned Development Permit No. PD -1012, subject to the recommended conditions. (Resolution No. 84 -139 adopted later in this meeting). Motion carried by the following roll call vote: -3- AYES: Councilmembers Straughan, Harper, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. RECESS The Mayor declared a recess, the time being 8:05 p.m. The meeting reconvened at 8:20 p.m., all members of the Council being present. 7.B. Growth Management Ordinance The Director of Community Development gave the staff presentation, recommending that the City follow the "208" Areawide Wastewater Management Plan,,which incorporated population limits. The City Clerk presented affidavits as follows: 1. Affidavit of posting notice of this hearing at the 3 public places within the City, as designated by Resolution No. 83 -11, adopted 7 -2 -83. 2. Affidavits of publication of notice of this hearing as follows: The Moorpark News - published September 20, 1984 The Enterprise - published September 20, 1984 The Mirror - published September 20, 1984 She also stated that at the request of the Moorpark Unified School District she had re- distributed to the members of the Council the letter from the school district addressed to the City Council and dated July 13, 1984, concerning the subject matter. All of the above documents were ordered received and filed by unanimous consent. The Mayor Declared the hearing opened the following persons spoke in favor of a growth management ordinance: John Newton, 165 High Street, Moorpark Bob Crockford,7189 Walnut Canyon Road, Moorpark Tom Baldwin, 6574 Pepperdine Circle, Moorpark (presented petition purportedly bearing 53 signatures) Cherrie Waxman, 4632 Bella Vista Drive (presented petition purportedly bearing 75 signatures) V. J. Willett, 10716 Citrus Drive, Moorpark Margaret Kirnig, 10725 Citrus Drive, Moorpark (presented petition purportedly bearing 52 signatures) Jean Tufts, 4138 Santa Rosa Drive, Moorpark (presented petition purportedly bearing 18 signatures) Wally Todd, 4240 Tecolote Court, Moorpark (presented petition purportedly bearing 300 signatures); stated he represented Committee for Managed Growth, Moorpark Community Alliance, and Peach Hill Citizens Coalition. =C Mayor Yancy- Sutton read a communication from Doris Miller, 6395 Gabbert Road, Moorpark, stating she was unable to attend the meeting, and expressing her support of a growth management ordinance. Mr, Charles Schwabauer, 12681 Broadway, Moorpark, addressed the Council on behalf of the Moorpark Unified School District, stating the position of the District regarding future development of schools to meet the needs of the community, and explaining the need to depend on the developers to provide the necessary funds and sites. Jean Albee joined him at the podium and they both responded to questions from the Councilmembers. The following persons addressed Council in opposition to a growth managment ordinance: Dan Woolard, 487 Millard, Moorpark Frank Knic"lbein, 4893 Avedon Road, Moorpark Bill Mitchell, 6440 N. Berkeley Circle, Moorpark Ron Baumsteiger, 15008 -C Campus Park Drive, representing Varsity Park Homeowners Association Jess Anderson, 4739 Butter Creek Road, Moorpark Glen Gessford, Carlsberg Development Company, 2800 Twenty- eighth Street, Santa Monica, CA. Larry Carignan, Vice - President, Janss Corporation, 11075 Santa Monica Boulevard, Los Angeles, CA Dave Engan, Owner, Taco Bell, 861 Calle Pecos, Thousand Oaks, CA Riley Spencer, 790 Poindexter Road, representing the Moorpark Chamber of Commerce, presented letters of opposition from 37 individuals, and petition purportedly bearing 94 signatures, stating this represents approximately 50% of the membership of the Chamber of Commerce Mike McElligott, 6457 N. Creighton Circle, Moorpark Michael Fleming, 15050 #D Marquette Street, Moorpark President, Varsity Park Village Homeowners Association Skip Hess, 4635 Pepper Mill Street, Moorpark Jim Weak, 4342 N. Ashtree, Moorpark Edward Ball, Cabot, Cabot & Forbes, 911 Wilshire Boulevard, Los Angeles, CA Thomas John Dean, 14363 Cambridge, Moorpark President, College Park Neighborhood Council Richard Brooks, 15033 Marquette Street, Moorpark Treasurer, Varsity Park Patio Homes Homeowners Association Richard Ramonette, Hughes Markets, Inc. 2716 San Fernando Road, Los Angeles, CA 90065 Bill Janss, President, Janss Corporation, 11075 Santa Monica Boulevard, Los Angeles, CA 90025 Jim Hartley, 5950 Gabbert Road, Moorpark Bud Ferguson, 13931 Los Angeles Avenue, Moorpark Louise Rice - Lawson, Building Industries Association 601 Daily Drive, Camarillo, CA Charles Dragicevich, Building Industries Association 601 Daily Drive, Camarillo, CA -5- RECESS The Mayor declared a recess, the time being 10:55 p.m. The meeting was reconvened at 11:05 p.m., all members of the Council being present 7.B. (Continued The Mayor presented the following communications in opposition: Communication dated September 26, 1984, from James Sandoval Communication dated October 3, 1984, from Ken Loe, of Moorpark Pharmacy Petition purportedly bearing 52 signatures Communication dated September 26, 1984, from Wilma P. VanDaalen, 51 Fremont Avenue, Moorpark There being no further testimony the hearing was declared closed. During Council discussion on the matter Councilmember Straughan moved that the ordinance prepared by the City Attorney and dis- tributed prior to the meeting to the members of the City Council be tabled, which motion lost for lack of a second. After further discussion it was moved by Councilmember Straughan and seconded by Councilmember Harper that the City Council adjourn to a study session on October 10, 1984, at 7:00 p.m. to further consider the matters,.. -, After further discussion it was moved by Councilmember Straughan and seconded by Councilmember Beaulieu that the original motion be amended to provide that the following individuals or their designated representatives, together with any support system people they wish to provide them information, be invited to participate in the study session with the Council: Louise Rice - Lawson and /or Charles Dragicevich, representing the Building Industries Association Urban McClellan, representing the residential interests Dr. Janss, representing the commercial interests Ed Ball, C.C.& F., representing the industrial interests. and that if the matter has not been resolved at the conclusion of the study session, that an ad hoc committee be appointed by the Council, to be composed of two members of the Council and any other individuals the Council may appoint, to further study the matter and report back to the Council within a time certain with a recommendation for Council's consideration. The amendment to the main motion was adopted unanimously. The main motion, as amended, was then adopted unanimously. ti RECESS The Mayor declared a recess, the time being 12:17 a.m. The meeting was reconvened at 12:25 a.m., all members of the Council being present. 8. COMMENTS FROM COUNCILMEMBERS 8.A. Councilmember Straughan reported a potential traffic hazard at Butter Creek Road, turning east onto Highway #118, and suggested creation of a "Merging Traffic" lane and marker west of Butter Creek Road. The City Engineer stated he had reviewed the area and suggested that he work with Caltrans and law enforcement to alleviate the hazardous conditions. 8.B. Councilmember Beaulieu requested that staff investigate to see that the gate to the flood control embankment at the Metal Bellows site be closed and that motorcycle riders be kept out. He stated also that he had received complaints from residents in the Shadow Oaks area next to Edison, and requested staff to work with Edison to see if a fence and gate could be constructed across their easement; also to find out whether or not a wall will be built along the easement. Councilmember Harper stated that because of a conflict he will not be able to serve on the Highway #118 Improvement Committee and that he had requested the Mayor to take his place on the committee. He stated he would continue to serve on the City's sub - committee. Councilmember Harper also requested staff to investigate the drainage easement in the Marlborough Project in Peach Hill, stating that there is an open conduit that young children could crawl into. 8.C. Mayor Yancy- Sutton stated she had been contacted by Barbara Wescott, with the Welcome Wagon, requesting that a letter from the Mayor of Moorpark be included with the Welcome Wagon packet for new residents in the community. No objections to her pro- viding such a letter. The Mayor referred to a communication dated September 26, 1984 from Ventura Regional County Sanitation District recommending that the County Solid Wast Management Plan (CoSWMP) be assigned to Ventura Regional County Sanitation District (VRSD) for full management responsibility for the overall solid waste program. It was the consensus that the management of the COSWMP should remain where it now is, and by general consent the staff was instructed to prepare a communication to that effect for the Mayor's signature. -7- r 9. CONSENT CALENDAR 9.A. Approval of Warrant Register Moved by Councilmember Straughan and seconded by Councilmember Harper that Warrant Register dated October 3, 1984, listing Demands Nos. 734 through 810 and voiding Warrant No. 788 in the amount of $10,000.00, making the total amount of the approved warrants $37,462.30, as approved by the City Manager and on file in the office of the City Clerk, be approved and the City Manager be authorized to issue warrants therefor. AYES: Councilmembers Straughan, Harper, Beaulieu and Mayor Yancy- Sutton; NOES: None; ABSENT: None; ABSTAIN: Councilmember Prieto. 10. REPORTS FROM STAFF 10.A. Area Housing Authority - Cooperation Agreement re Senior Citizen Housing (continued from 9- 19 -84) Moved by Councilmember Harper and seconded by Councilmember Prieto that the Cooperation Agreement between the Area Housing Authority of the County of Ventura and the City of Moorpark regarding the construction and operation of a senior citizen housing complex funded by the U.S. Department of Housing and Urban Development (HUD), under the Low Rent Public Housing Program be approved and the Mayor and City Clerk authorized to execute the agreement on behalf of the City. Motion carried by the following roll call vote: AYES: Councilmembers Harper, Prieto, Beaulieu, Straughan and Mayor Yancy- Sutton; NOES: None; ABSENT: None. 10.B. Easement Deed for Storm Drainage Purposes from California Community Builders, Inc. (Knotty Pine Street, Tract 3404) Continued from 9 -19 -84 By general consent the matter was continued to the Council Meeting of October 17,1984. 10.C. Excessive Speed on Amherst Street and in neighborhood of 6457 N. Creighton Avenue (continued from 9- 19 -84) Moved by Councilmember Straughan, seconded by Councilmember Beaulieu and unanimously carried to continue the matter to the Council Meeting of October 17, 1984. 10.D. Budget Transfer (continued from 9- 19 -84) Councilmember Beaulieu reported that the Budget Committee had met and that the decision had been to approve the budget transfer as W proposed by the City Manager, and requested that in the future, there should be a Council review of the various employment step levels. Moved by Councilmember Beaulieu and seconded by Councilmember Straughan to authorize the transfer of $12, 377 from City Treasurer Department Professional Services to specified Department expen- diture categories. Motion carried by the following roll call vote: AYES : Councilmembers Beaulieu, Straughan, Harper, Prieto and Mayor Yancy-Sutton; NOES : None; ABSENT: None. 10.E. State Transportation Improvement Program (STIP) - Consideration of Possible Projects The City Manager gave a verbal report on the subject matter, and recommended that the City recommend that making Highway #118 a four-lane highway through Moorpafk, and to connect it with Highway #126 be included as a STIP project. Moved by Councilmember Straughan and seconded by Councilmember Harper; however, after discussion the motion was withdrawn by the maker of the motion, with the consent of the second, and staff was requested to report back to the Council at the meeting of October 10, 1984 regarding- the proposed recommendation, after a consultation with Caltrans as to what effect such inclusion might have on the funding for the #118-#23 Interchange, which has No. 1 priority. Councilmember Beaulieu suggested that the City Manager also ask Caltrans their latest estimated schedule for the route selection for the interchange. 11. ORDINANCES/RESOLUTIONS The City Attorney stated that before proceeding with the items listed on this portion of the agenda, she would request Council to return to Agenda Item No. 7.A. , which was done by general consent. 7.A. Zone Change No. Z-2704; Tentative Tract Map No. TR-3998; Planned Development Permit No. PD-1012 (Urban West Communities) Request to develop 31 acres into 139 single-family and one recreational lot. The City Attorney presented Ordinance No. 32, entitled: AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE ZONING OF CERTAIN PROPERTIES (ZONE CHANGE NO. Z-2704 , URBAN WEST COMMUNITIES) . Moved by Councilmember Straughan, seconded by Councilmember Prieto and unanimously carried to waive further reading of said ordinance. Moved by Councilmember Prieto and seconded by Councilmember Straughan that said Ordinance No. 32, entitled as hereinabove set forth, be introduced, which motion carried by the following roll call vote: AYES: Councilmembers Prieto, Straughan, Beaulieu Harper and Mayor Yancy- Sutton; NOES: None; ABSENT: None. The City Attorney then presented Resolution No. 84 -139, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING PLANNED DEVELOP- MENT PERMIT NO. PD -1012 ON APPLICATION OF URBAN WEST COMMUNITIES Moved by Councilmember Straughan and seconded by Councilmember Prieto that said Resolution No. 84 -139, entitled as hereinabove set forth, be adopted, which motion carried by the following roll call vote: , AYES: Councilmembers Straughan, Prieto, Beaulieu, Harper and Mayor Yancy- Sutton; NOES: None; ABSENT: None. The City Attorney then presented Resolution No. 84 -140, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. TR -3998, ON APPLICATION OF URBAN WEST COMMUNITIES Moved by Councilmember Straughan and seconded by Councilmember Harper that said Resolution No. 84 -140 be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Straughan, Harper, Beaulieu, and Prieto; NOES: Mayor Yancy- Sutton; ABSENT: None; ABSTAIN: None. 11.A. Adoption of Ordinance No. 30, re Regulation and Control of Traffic on Private Road and Parking Facility The City Attorney presented Ordinance No. 30, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADDING CHAPTER 12.02 TO TITLE 12 OF THE MOORPARK MUNICIPAL CODE RELATIVE TO PUBLIC TRAFFIC REGULATION AND CONTROL OF PRIVATE ROADS AND PARKING FACILITIES. Moved by Councilmember Harper, seconded by Councilmember Beaulieu and unanimously carried to waive further reading of said ordinance. Moved by Councilmember Harper and seconded by Councilmember Beaulieu that said Ordinance No. 30, entitled as hereinabove set forth, be adopted, which motion carried by the following roll call vote: 1 n 16 AYES: Councilmembers Harper, Beaulieu, Prieto, Straughan and Mayor Yancy- Sutton; NOES: None; ABSENT: None. ll.B. Ordinance Amending Moorpark Municipal Code re Terms of Office for Commissioners The City Attorney presented Ordinance No. 33, entitled: AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING CHAPTER 2.06 OF TITLE 1 OF THE MOORPARK MUNICIPAL CODE, RELATING TO COMMISSIONS Moved by Councilmember Harper, seconded by Councilmember Beaulieu and unanimously carried to waive further reading of said ordinance. Moved by Councilmember Harper and seconded by Councilmember Beaulieu that Ordinance No. 33, entitled as hereinabove set forth, be introduced, which motion carried by the following roll call vote: AYES: Councilmembers Harper, Beaulieu, Prieto, Straughan and Mayor Yancy- Sutton; NOES: None; ABSENT: None. ll.C. Resolution Authorizng Stop Signs and Restricted Parking Signs The City Attorney presented Resolution No. 84 -141, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE PLACEMENT AND MAINTENANCE OF STOP SIGNS AND THE SIGNING FOR A LIMITED PARKING AREA AT CERTAIN LOCATIONS WITHIN THE CITY. Moved by Councilmember Straughan and seconded by Councilmember Harper that said Resolution No. 84 -141 be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Straughan, Harper, Beaulieu, Prieto and Mayor Yancy- Sutton; ll.D. Resolution Establishing "NO STOPPING ANY TIME" and "NO PARKING ANY TIME" zones at various locations The City Attorney presented Resolution No. 84 -142, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ESTABLISHING "NO STOPPING ANY TIME" AND "NO PARKING ANY TIME" ZONES AT VARIOUS LOCATIONS as corrected and changed by general consent of the Council. Moved by Councilmember Straughan and seconded by Councilmember Beaulieu that said Resolution No. 84 -142 be adopted, which motion carried by the following roll call vote: 7 AYES: Councilmembers Straughan, Beaulieu, Harper, Prieto and Mayor Yancy-Sutton; NOES: None; ABSENT: None. 11.E. Resolution Fixing Salaries (Continued from 9-19-84) The City Attorney presented Resolution No. 84-143 , entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, FIXING RATES OF COMPEN- SATION FOR EMPLOYEES OF THE CITY OF MOORPARK Moved by Councilmember Straughan and seconded by Councilmember Harper that said Resolution No. 84-143 , entitled as hereinabove set forth, be adopted which motion carried by the following roll call vote: AYES: Councilmembers Straughan, Harper, Prieto and Mayor Yancy-Sutton; NOES: Councilmember Beaulieu; ABSENT: None. Councilmember Beaulieu stated that his reason for voting NO was because he felt that the steps indicated in the various positions should be better defined as to qualifications necessary for ad- vancement. 12. FUTURE AGENDA ITEMS 12.A. Councilmember Beaulieu requested that Council give considera- tion to the hauling of hazardous waste materials through the City. The City Engineer stated there were state regulations concerning the matter and that he would report to Council at a future date. 13. ADJOURNMENT There being no further business to be considered at this time, it was moved by Councilmember Straughan, seconded by,Councilmember Harper and unanimously carried to adjourn to Wednesday, October 10, 1984 , at 7 :00 p.m. , to consider the proposed growth management ordinance, the time being 1 : 30 a.m. Respectfully submitted, APPROVED: City Clerk Mayor -12-