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HomeMy WebLinkAboutMIN 1985 0116 CC REGMoorpark, California January 16, 1985 A regular meeting of the Moorpark City Council of the City of Moorpark, California, was held on January 16, 1985, 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 Albert Prieto presiding. 2.PLEDGE OF ALLEGIANCE PRESENT: Councilmembers Thomas Ferguson, Danny Woolard, James D. Weak, Leta Yancy-Sutton and Mayor Albert Prieto; ABSENT: None. OTHER CITY OFFICIALS PRESENT: Steven Kueny, City Manager; Cheryl Kane, City Attorney; Niall Fritz, Director of Community Development; Sgt. Terry Hughes, County Sheriff's Department; Dennis Delzeit, City Engineer; Diane Eaton, Associate Planner; Thomas Coyle, Community Services Assistant; and Doris D. Bankus, City Clerk. 4.APPROVAL OF MINUTES It was moved by Councilmember Yancy-Sutton, seconded by Council­member Weak and unanimously carried that the minutes of the regular meeting of December 19, 1984, be approved as recorded. 5.PROCLAMATIONS/COMMENDATIONS/SPECIAL PRESENTATIONS None. 6.COMMENTS FROM THE PUBLIC 6.A. Sydney Kessler, owner of Moorpark Travel, Inc., presentlylocated at 33 High Street, Moorpark, and soon to be a tenant in thenew Moorpark Town Center, requesting that the City reconsider theplanters and the landscaping plan for the Center and stating hisreasons for the request. The Director of Community Development stated that the landscaping plan had been approved by the Planning Commission previously, and that to change it would take a major modification request from Janss Corporation. He also stated that the type of plants for the planters had not been approved as yet, and that that matter would require Planning Commission approval. 6.B. David Kent Smith, 4339 Laurelhurst Road, Moorpark, Californiaaddressed Council regarding a letter he had written to the Councilunder date of January 14, 1985, and inasmuch as Council had not hadan opportunity to read the letter prior to the meeting, the Mayordeclared a recess to permit time to do so, the time being 7:15 p.m. -1- The meeting reconvened at 7:18 p.m., all members of the Council being present. The City Attorney then summarized the letter and stated that in her opinion the matter was purely a private civil matter between Mr. Smith and his former employer, and that in her opinion it would not be appropriate for the City Council to direct a letter to either the FBI or the Department of Industrial Relations. Councilmember Yancy-Sutton stated she felt the City Attorney's advice should be followed, and the letter was received and filed by general consent. 6.C. Ron Arnone, 14455 E. Loyola Street, Moorpark, Vice-President of the Moorpark Jaycees, addressed Council requesting support of thecommunity service program of the Jaycees -"Child IdentificationProject". He explained the project and announced a public forumto be sponsored by the JayCe�s on February 2. It was moved by Councilmember Yancy-Sutton, seconded by Councilmember Weak and unanimously carried that Council approves the program in concept. 6.D. Chris Kenney, 188 Whitney Avenue, Moorpark, addressed Councilconcerning the bicycle ramp which had been constructed by him andother residents in the area, which ramp is located on City property,at the end of Everest Street. He requested that they not be requiredto remove it, but that if it has to be moved, that it be moved tosome place where it could be used. Ray Davenport, 710 Diablo Avenue, Moorpark, also addressed Council in favor of leaving the ramp where it is. The City Attorney ruled that although she had not reviewed the City's liability insurance policy relating to this particular subject, there is a potential of a hazardous condition and the City could be held liable in case of an injuiry. She advised that once put on notice of the existence of the structure and if that structure is a hazard or coula become a hazard, then the City is liable. Councilmember Ferguson stated he would like Citu staff to research an alternative location for the ramp, perhaps in a City park. It was moved by Councilmember Weak, secondea by Councilmember Fer-guson and unanimously carried that the matter be referred to the Parks and Recreation Commission for study and report back. 8.ORDINANCES/RESOLUTIONS 8.A. Apartment Rent Increase Moratorium An overview of the staff report dated January 16, 1985, was given by Diane Eaton, Associate Planner, and after discussion the following persons addressed Council concerning the subject matter: -2- Audrey Masias, 661-A East Los Angeles Avenue, Moorpark Karen Chapel, Moorpark Vicki Villa, 675 E. Los Angeles Avenue, Moorpark After discussion it was moved by Councilmember Ferguson and seconded by Councilmember Yancy-Sutton that the moratorium be extended for an additional 120 days, and that staff be directed to prepare a draft of a rent control ordinance for consideration in the event it is felt to be needed. The City Manager stated that staff would make further efforts to meet with the tenants and the new owners of the development, and would give Council a progress report in 60 days. The motion was�then carried by the following roll call vote: AYES: Councilmembers Ferguson, Yancy-Sutton, Weak,, Woolard and Mayor Prieto; NOES: ABSENT: None; None. The City Attorney then presented Ordinance No. 36, entitled: AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, EXTENDING A MORATORIUM ON RENT INCREASES FOR DWELLING UNITS WITH!� APARTMENT BUILDINGS CON­TAINING FIVE OR MORE UNITS, AND DECLARING THE URGENCY THEREOF, It was moved by Councilmember Yancy-Sutton, seconded by Council­member Weak and unanimously carried to waive further reading of said ordinance. It was then moved by Councilmember Yancy-Sutton and seconded by Councilmember Ferguson that said Ordinance No. 36, entitled as above set forth, be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Yancy-Sutton, Ferguson, Weak, Woolard and Mayor Prieto; NOES: ABSENT: None; None. 8.B. Resolution No. 85-160, Adopting Rules of Procedure forCouncil Meetings and Related Functions and Activities The City Clerk reported that she had incorporated suggestions from Council's review of this resolution at its last meeting, had obtained clarification from the City Attorney on those provisions under ques� tion, and had incorporated them all into the final draft of the resolution presented to Council for consideration at this time. The City Attorney then presented Resolution No. 85-160, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES; AND REPEALING RESOLUTION NO. 83-61, ADOPTED DECEMBER 21, 1983. -3- It was moved by Councilmember Yancy-Sutton and seconded by Councilmember Woolard that further reading of said Resolution be waived and that said Resolution No. 85-160, entitled as above set forth, be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Yancy-Sutton, Woolard, Ferguson, Weak and Mayor Prieto; NOES: ABSENT: None; None. 8.C. Resolution of Inducement No. 85-161 for Multi-Family BondFinancing -Palmer Associates The Director of Community Development reviewed his report dated January 16, 1985, and recommended adoption of the proposed resolu­tion. The following persons addressed Council in support of the project and the proposed resolution: Richard Corey, Wertheim & Co., Inc., 200 Park Avenue, Dan Palmer, G.H.Palmer Associates, 10952-Roehling Avenue, Los Angeles Victoria Perez, 4237 Capario Court, Moorpark, Commissioner ( Ventura Housing Authority Elaine Freeman, 4846 Heathercourt, Moorpark, with Griffin Homes New York City, N.Y. After discussion and with general agreement to place a cap of approximately 400 units to be placed on the project, it was moved by Councilmember Yancy-Sutton and seconded by Councilmember Woolard that Resolution No. 85-161, entitled: A RESOLUTION OF THE CITY OF MOORPARK, CALIFORNIA, CONCERNING THE ISSUANCE OF REVENUE BONDS TO FINANCE A MULTI-FAMILY RENTAL HOUSING DEVELOPMENT FOR G. H. PALMER ASSOCIATES be adopted, which motion carried by the following roll call vote: RECESS AYES: Councilmembers Yancy-Sutton, Woolard, Ferguson, Weak and Mayor Prieto; NOES: ABSENT: None; None. The Mayor declared a recess, the time being 8:40 p.m. The meeting was reconvened at 8:48 p.m., all members of the Council being present. ITEM 10.A.l By general consent this item was considered at this time. 10.A. General Plan Amendment Program 1.Villa Campesina Corporation Request The Director of Community Development reviewed his report dated January 16, 1985 regarding the subject matter, to which was attached the request for assistance filed by Villa Campesina Corporation under date of January 3, 1985. The following persons addressed Council in support of the project: Teresa Cortes, 1095 Walnut Canyon Road, Moorpark, of Villa Campesina Corporation Karen Flock, 11011 Azahar Street, Saticoy, CA 93004 of Cabrillo Economic Development Corporation Rodney Fernandez, 11011 Azahar Street, Saticoy CA 93004 of Cabrillo Economic Development Corporation It was the general agreement by members of the City Council that the project is considered favorably, and staff was instructed to give assistance and advice on how to proceed according to the procedures which have been adopted by the City. 8. 8.D. ORDINANCES/RESOLUTIONS (continued) Resolution Directing that Certain Former Ventura County Permit Approval Processes be Performed by Certain City Officials The Director of Community Development reviewed his report dated January 16, 1985, in which he outlined tne action taken by the Planning Commission at its meeting of January 8, 1985, recommending that Items E through M of the proposed resolution be amended to indicate that the Planning Commission would be the decision-making body with that decision appealable to the Countil, and also recom­mending certain other changes to the resolution. After discussion the matter was continued to the next Council meeting, with instructions to staff to prepare the resolution with the changes recommended by the Planning Commission, and to present that resolution along with the one presented for consideration at this meeting. These instructions were given by general consent. 9.COMMENTS FROM COUNCILMEMBERS 9. A.Appointment of Downtown Area Improvement Committee It was moved by Councilmember Yancy-Sutton, seconded by Councilmember Woolard and unanimously carried to ratify the appointment of the following persons as members of the Downtown Area Improvement Committee: Curran Cummings Dale Whitaker Dr. Rick Borquez Gail Skelley Bill LaPerch -5- Danny Woolard John Newton Lorene Gartner Kurt Aiken Al Prieto 9.B.Proposed League of California Cities Dues Increase It was moved by Councilmember Yancy-Sutton, seconded by Council­member Woolard and unanimously carried that staff be directed to send a communication to the Channel Counties Division of the League of California Cities expressing no opposition to the dues increase proposed by the League of California Cities, as outlined in League Bulletin dated December 17, 1984. 9.C.Councilmember Weak questioned and received an explanation from Sgt. Hughes regarding the use of Moorpark police units outside the City boundaries, as well as appearance of units from other jurisdictions within the City. 9.D. Councilmember Yancy-Sutton announced that she had receiveda letter of resignation from Bart Miller, member of the MobilehomeRent Review Board. By general consent Mr. Miller's resignation wasaccepted with regret, and staff instructed to send him a letter ofappreciation. Councilmember Yancy-Sutton then nominated Marva Deher, 3290 Bodega Place, Moorpark, to fill the vacancy on the Mobilehome Rent Review Board. The appointment was ratified by general consent. 9.E.Councilmember Woolard requested and received a status report regarding the solution to the congestion on Los Angeles Avenue eastward from Moorpark Road, caused by the parking of trucks along the side, with Sg. Hughes responding to his questions. Councilmember Woolard requested the Sheriff's Department check on loitering in the vicinity of Spencer's Market and the other business places in that particular mall on Moorpark Avenue. 9.F. Mayor Prieto stated that for the public record, the Citystaff has received specific instructions to remove the bike rampreferred to earlier in this meeting, located on City property atthe end of Everest Street. The City Manager stated staff wouldproceed immediately to have it removed. RECESS The Mayor declared a recess, the time being 10.10 p.m. The meeting was reconvened at 10:20 p.m., all members of the Council being present. 10.STAFF REPORTS -RECOMMENDED ACTION ITEMS 10.A. General Plan Amendment Program 10.A.1.Villa Campesina Corporation Request This matter was considered earlier in the meeting. -6- 10.A.2.Requests in Process The Director of Community Development gave an overview of the matter, outlining his report dated January 11, 1985, after which the following persons addressed Council: Elaine Freeman, Griffin Hornes, 4846 Heather Court, Moorpark Joe Latunski, 289 Casey Road, Moorpark Councilrnernber Yancy-Sutton stated she would abstain from participa­tion in the discussion and action regarding proposed General Plan Amendment No. GPA-85-1 -Griffin Development, because of a possible conflict of interest. After discussion it was moved by Councilrnernber Weak, seconded by Councilrnember Woolard and unanimously carried to change direction previously given to staff concerning processing of general plan amendments, and to process any general plan amendment application submitted if it passes all requirements of the City. Motion carried by the following roll call vote: AYES: Councilmembers Weak, Woolard, Ferguson and Mayor Prieto; NOES: None; ABSENT: None; ABSTAIN: Councilmember Yancy-Sutton. It was then moved by Councilrnernber Yancy-Sutton, seconded by Councilmernber Weak and unanimously carried that any application filed prior to April 1, 1985 will be included with the City's General Plan Amendment No. GPA-85-4. 10.B. Modular Building for Expansion of Community Center The City Manager presented and reviewed his report dated January 16, 1985 regarding the subject matter, and the following persons addressed Council in regard to the matter: Randy Worrnsbecker, 4239 Tecolote Court, Moorpark representing the Parks & Recreation Commission Phil Vein, 6685 Princeton, Moorpark, representing the Historical Society. After discussion it was moved by Councilmember Yancy-Sutton, seconded by Councilmember Weak and unanimously carried that the matter be tabled pending further research and study, specifically that (1) another meeting be held with the Senior Citizens Center Committee to keep them informed; (2) a plot plan be prepared, showing square footage, where the building is to be located, and the improvement of parking facilities; and that (3) the agreement with the Historical Society be completed. By general consent it was to be understood that any allocation to the senior citizens should be made available for other uses as well. -7- 10.C. Multi-Family Bond Program -Agreement withMacLeod Construction Company 1.Approve Agreement and Authorize Execution2.Resolution of Inducement for Multi-FamilyBond Financing The Director of Community Development presented his report dated January 16, 1985 and gave an overview of the subject matter. The following person addressed Council in support of the proposal: Richard Belding, 949 Camino Dos Rios, Thousand Oaks The following person addressed Council in opposition to the project: John Galloway, 338 Sierra Avenue, Moorpark. There was considerable discussion concerning the number of dwelling unis to be permitted under the project, and the meeting was recessed at 11:45 p.m., in order to give staff an opportunity to work out certain language with the developer. The meeting reconvened at 11:58 p.m., all members of the Council being present. The Director of Community Development then read the proposed language to be inserted in Section 1 of the proposed resolution to be adopted under Item 10.C.2 of this agenda, which language is to be inserted in lieu of sentence No. 3 of said section: "The project may consist of 290 to 370 dwelling units, provided that a minimum 25% density bonus is granted for land presently zoned "RPO 15 Units Per Acre", and for which no City zoning approval has been given, and which said land is owned by MacCleod Construction Co. (the Developer) or by a related entity or an entity to be created by persons comprising said Developer." It was moved by Councilmember Ferguson and seconded by Councilmember .Woolard that said language be approved, which motion carried by the following roll call vote: AYES: Councilmembers Ferguson, Woolard, Weak, Yancy-Sutton and Mayor Prieto; NOES: None; ABSENT: None. The City Attorney then presented Resolution No. 85-162, entitled: A RESOLUTION OF THE CITY OF MOORPARK, CALIFORNIA, CONCERNING THE ISSUANCE OF REVENUE BONDS TO FINANCE A MULTI-FAMILY RENTAL HOUSING DEVELOPMENT FOR MacLEOD CONSTRUCTION CO. It was moved by Councilmember Weak and seconded by Councilmember Woolard that further reading of said resolution be waived and that said Resolution No. 85-162, entitled as above set forth, be adopted, -8- which motion carried by the following roll call vote: AYES: Councilmembers Weak, Woolard, Ferguson, Yancy-Sutton and Mayor Prieto; NOES: None; ABSENT: None. It was then moved by Councilmember Yancy-Sutton and seconded by Councilmember Woolard that the Agreement between the City and MacLeod Construction Company, in regard to the multi-family rental housing development proposed by MacLeod Construction Company, be approved and the Mayor and City Clerk authorized to execute the same on behalf of the City. Motion carried by the following roll call vote: AYES: Councilmembers Yancy-Sutton, Woolard, Ferguson, Weak and Mayor Prieto; NOES: ABSENT: None; None. 10.D. Proposed Assessment District for Maintenance ofPublic Parks and other Landscaped Areas The City Manager presented his report dated January 10, 1985, and outlined his recommendations concerning the subject matter. After discussion it was the,general consensus of the Council that staff be directed to implement the following concept for the spread of the assessments districts for the maintenance of public parks and other landscaped areas, and f�r the city-wide street lighting district: 10.E. 1.Landscaping in public rights-of-way, such as parkwaytrees and median improvements, be included in thecity-wide street lighting district. 2.All public parks be spread equally in tbft city-widedistrict. 3.Commercial and industrial properties be included inthe assessment spread. 4.Vacant parcels be included, with the assessment to belower than for developed parcels. 5.The proposed assessment district for the maintenanceof public parks be operated separately from theexisting city-wide street lighting district. Improvement of State Highway #118 from Flory Avenue to Millard Street The City Engineer presented and outlined his report dated January 16, 1985, regarding the subject matter, and after discussion it was moved by Councilmember Yancy-Sutton, seconded by Councilmember Weak and unanimously carried that the following action be approved: -9- 1.Require Regal Homes (Tract 3537) to submit anIrrevocable Offer of Dedication of nine (9) feetalong the south side of Los Angeles Avenue forpossible future street improvements. 2.Require Regal Homes to complete the improvementsalong the south side of Los angeles Avenue ascurrently planed, including the sidewalk in frontof the Burnett property. 3.Direct the City Engineer to coordinate with CalTranson a change order to eliminate the proposed streetimprovements along Los Angeles Avenue at theClement Property. 10.F. Street Sweeping The City Manager presented and reviewed his report dated January 11, 1985, regarding street sweeping costs, and after discussion and by general consent the matter was referred to the Public Works Committee for study and report back. 10.G. Allocation of Funds for Payment of Incorporation Election Costs The City Manager presented and outlined his report dated January 9, 1985, regarding payment for costs of the incorporation election. It was moved by Councilmember Yancy-Sutton, seconded by Councilmember Ferguson and unanimously carried that the sum of $7,505.63 be appropriated from the General Fund Reserve Account to pay the County of Ventura for the costs of the incorporation election held March 8, 1983. 10.H. Claim for Damages -Adam James, etc., et al. It was moved by Councilmember Yancy-Sutton, seconded by Council­member Woolard and unanimously carried that the Claim for Damages, dated December 26, 1984, for personal injuries allegedly sustained on the bumper ride at the carnival conducted by the Moorpark Jaycees during Moorpark Country Cays, on or about September 20, 1984, be denied. 11 ': STAFF REPORTS - INFORMATIONAL ITEMS 11.A. Storer Cable TV -Rate Increase It was moved by Councilmember Yancy-Sutton, seconded by Council­member Ferguson and unanimously carried, to receive and file the report from the City Manager, dated January 10, 1985, regarding letter from Storer Cable advising of their action to increase the rate for basic service by 4.7% -an increase from $8.50 to $8.90 per month. 11.B. Finance Report It was moved by Councilmember Yancy-Sutton, seconded by Council­member Woolard and unanimously carried to receive and file the Finance Report for the period of July 1, through December 31, 1984, as presented by the City Manager. 11.C. Review and Approval of Design Plans for Tijerra Rejada Road The City Engineer presented and outlined his report dated Jaunary 16, 1985, regarding the subject matter, and after some discussion, the report was received and filed by general consent. 11.D. Unmet Transit Needs The City Manager presented his report dated January 11, 1985 regarding the subject matter, stating that an attempt would be made to ascertain where the riders are boarding the buses. Council­member Yancy-Sutton stated she would like to see the City develop our own dial-a-ride system. The report was received and filed by general consent. 12.CONSENT CALENDAR It was moved by Councilmember Yancy-Sutton and seconded by Council­member Weak that all items of,'the Consent Calendar be approved as recommended, which motion carried by the following roll call vote: AYES: Councilmembers Yancy-Sutton, Weak, Ferguson, Woolard and Mayor Prieto; NOES: ABSENT: None; None. 12.A. Acceptance of Public Improvements and Exonerationof Bonds, C.U.P. 4089 Accept the public improvements within C.U.P. 4089, and include the Street within the City Street System for maintenance, and exonerate the public improvement bonds on file with the City. 12.B. Acceptance of Subdivision Improvements -Parcel Map PM-3828 Accept the public improvements within Parcel Map PM-3828 and include the streets into the City street system for maintenance, and exonerate the public improvement bonds on file with the City, as outlined in report dated January 16, 1985, from the City Engineer. 12.C. Warrant Register Approved Warrant Register dated January 16, 1985, listing Warrants Nos. 1106 through 1108 and Nos. 1109 through 1126, in the total amount of $20,177.79, as approved by the City Manager and on file in the office of the City Clerk, and authorized the City Manager to issue warrants therefor. -11- ADDED AGENDA ITEM FOR ACTION County Conditional Use Permit No. CUP-4171 (Meyers) The Director of Community Development reviewed his report dated January 16, 1985, regarding the subject matters, and after dis­cussion, and by general consent, it was recommended that conditions be imposed by the County as part of the Mitigated Negative Declara­tion, to prohibit truck traffic on Walnut Canyon Road and Moorpark Avenue, provided that this restriction can be reasonably enforced. 11.FUTURE AGENDA ITEMS 11.A. Councilmember Woolard requested that staff arrange to havethe trees at the west end of the Community Center property trimmed. ADDED AGENDA ITEM FOR ACTION It was moved by Councilmember Yancy-Sutton and seconded by Council­member Weak that the City retain the law firm of Burke, Williams and Sorenson to represent the City in the condemnation action for the property required for the improvement of Tierra Rejada Road. Motion carried by the following roll call vote; AYES: Councilmembers Yancy-Sutton, Weak, Ferguson, Woolard and Mayor Prieto; NOES: ABSENT: None; None. LITIGATION SESSION The City Council adjourned by unanimous consent to a closed litigation session, under the provisions of Government Code Section 54956.8(b), the time being 1:20 a.m. The meeting reconvened at 1:30 a.m., and the City Attorney announced that a matter of potential exposure to litigation had been discussed, and that the Mayor had been authorized to sign a communication to be addressed to Media Locations and Permits, and that copies of the communication be furnished to members of the Council. 14.ADJOURNMENT There being no further business to come before the Council at this time, it was moved by Councilmember Yancy-Sutton, seconded by Councilmember Woolard and unanimously carried that the meeting be adjourned in memory of Reverend Charles McIntosh, deceased, former Pastor of Assembly of God Church, in Moorpark, who had given the invocation at the City's Incorporation Ceremonies, and had presented the Holy Bible to the City on behalf of the Ministerial Association. The time of adjournment was 1:35 a.m. Respectfully submitted, APPROVED: µ(k,;,)�44_/ City erk Mayor