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HomeMy WebLinkAboutMIN 1985 0204 CC REG Moorpark, California February 4, 1985 A regular meeting of the City Council of the City of Moorpark, California, was held on February 4, 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 The Pledge of Allegiance was led by Councilmember Weak. 3 . ROLL CALL 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; Lt. Arve Wells, County Sheriff ' s Department; Dennis Delzeit, City Engineer; Diane Eaton, Associate Planner; and Doris D. Bankus, City Clerk. 4. APPROVAL OF MINUTES It was moved by Councilmember Yancy-Sutton, seconded by Council- member Ferguson and unanimously carried to approve the minutes of the regular meeting of January 2, 1985, as recorded. It was moved by Councilmember Yancy-Sutton, seconded by Council- member Woolard and unanimously carried to approve the minutes of the joint meeting with the Planning Commission, held January 3, 1985, as corrected. 5. PROCLAMATIONS/COMMENDATIONS/SPECIAL PRESENTATIONS Resolutions of Commendation were presented to former members of the Parks and Recreation Commission, as follows: Read and presented by Mayor Prieto to Irene Barrera, who was present to accept; presented by Councilmember Ferguson to John Wozniak, who was present to accept; presented by Councilmember Woolard to Tom Baldwin, who was present to accept. Resolutions of Commendation were presented to former members of the Planning Commission, as follows: -1- Presented by Councilmember Yancy- Sutton to Doris Miller, who was not present to accept; presented by Councilmember Weak to Suzanna Prieto, who was not present to accept. AGENDA ITEM CHANGE At the request of Councilmember Yancy- Sutton and by general consent, Agenda Item 11B, Telephone Rate Increases, was moved to be considered as Item 10.I., as an action item under Staff Reports. 6. COMMENTS FROM THE PUBLIC 6.A. Request of Heirs of Robert S. Bonta for Exemption from Article 5, Sections 2271 and 2275 of the Moorpark City Ordinance, re card room Robert E. Coughlon, Attorney at Law, 33 E. High Street, Suite D, Moorpark, addressed Council, requesting that the surviving heirs of Robert S. Bonta, who had operated the Rendezvous Card Room at 17 High Street, Moorpark, for more than 30 years, be given permission through a limited exception to the City ordinance to continue the operation of the card room. Upon inquiry the City Attorney ruled that the Council could modify the ordinance to provide for an exception to allow only the heirs to continue the operation of the card room, and to preclude their selling their interest to any other person. After discussion, it was moved by Councilmember Ferguson, seconded by Councilmember Yancy- Sutton and unanimously carried to direct staff to prepare an ordinance amendment to that effect, for pre- sentation at the next meeting of the City Council. Councilmembers Yancy- Sutton and Woolard both expressed explicit concerns that such ordinance be for the benefit of the heirs of Robert Bonta. Councilmember Weak requested a report from staff, including the County Sheriff's Department and information regarding zoning, for Council consideration when the matter comes back. 6.B. Victor Richard, 15750 Los Angeles Avenue, #168, Moorpark, addressed Council regarding the dumping of rubbish in the Arroyo, stating that a road had been developed at the time of the train wreck about a year ago, and that people are using that road for access to the Arroyo. Staff was instructed to investigate and report. He also requested that a copy of the Council Agenda be posted at the Villa del Arroyo Mobilehome Park, and was informed that if self - addressed, stamped envelopes were provided, the City Clerk's office would mail a copy of the agenda for each meeting. 6.C. Tom Baldwin, 6475 Pepperdine, Moorpark, addressed Council expressing appreciation for the Resolution of Commendation which had been presented to him earlier in the evening. -9- Mr. Baldwin also requested that consideration be given to regulating the hours of trash pick -up in residential areas to not commence until 7:00 a.m. in the morning. 7.A. HEARINGS 7.A. Final Draft of the Countywide Solid Waste Management Plan of County of Ventura By general consent the report of the Director of Community Develop- ment, dated February 4, 1985, was received and filed and the matter continued to March 4, 1985. 7.B. Appeal No. 3 from a decision by the Planning Commission to require an Environmental Impact Report for Tentative Tract Map No. TR- 3525 /Residential Plan Permit No. PD -941, a proposed subdivision of 28.31 acres into 92 residential lots. Location: Adjacent to and southwest of the inter- section of Peach Hill Road with Christian Barrett Drive. Appellant: Widmer and Woods By general consent, communication dated February 1, 1985, from Widmer and Woods, 950 Hampshire Road, Suite 119, Westlake Village, California 91361, withdrawing Appeal No. 3 EIR /Tract 3525/PD 941, was received and filed. 8. ORDINANCES /RESOLUTIONS 8.A. Resolution Authorizing City Clerk to Accept Deeds on Behalf of the City It was moved by Councilmember Yancy- Sutton and seconded by Council- member Ferguson that Resolution No. 85 -163, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK AUTHORIZING THE CITY CLERK TO ACCEPT DEEDS be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Ferguson, Weak, Woolard and Mayor Prieto; NOES: None; ABSENT: None. 8.B. Resolution Directing that Certain Former Ventura County Permit Approval Processes be Performed by Certain City Officials The Director of Community Development presented his report dated February 4, 1985, regarding decision making resolutions under study, and after discussion, it was moved by Councilmember Yancy - Sutton, seconded by Councilmember Ferguson and unanimously carried that the matter be tabled until the proposed ordinance regarding the extension of the appeal period to 15 days has been processed. -3- 8.C. Resolution re Parking Restrictions in Front of 17 High Street (Moose Lodge) and 492 High Street (Tipsy Fox) The City Manager gave an overview of his report regarding the subject matters, dated January 31, 1985, and after discussion between members of the Council and city staff, the following person addressed Council in opposition to a parking restriction in front of the Moose Lodge: Robert Coughlin, Attorney at Law, 165 High Street, Moorpark representing himself and the Moose Lodge. During discussion, the recommended parking restrictions in front of 17 High Street (Moose Lodge) was not approved by general consent; however, it was the consensus that the parking restric- tions at 492 High Street (Tipsy Fox) be approved. It was moved by Councilmember Ferguson and seconded by Council - member Woolard that Resolution No. 85 -164, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ESTABLISHING A "NO PARKING ANY TIME" ZONE ON HIGH STREET be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Ferguson, Woolard, Weak, Yancy- Sutton and Mayor Prieto; NOES: None; ABSENT: None. 8.D. Resolution re Restricted Parking at Community Center The City Manager gave an overview of his report dated February 4, 1985, regarding the subject matter, and it was moved by Council - member Yancy- Sutton and seconded by Councilmember Fergurson that Resolution No. 84 -165, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, IMPOSING REGULATIONS PERTAINING TO THE OPERATION OF VEHICLES ON PROPERTY UNDER THE DIRECT CONTROL OF THE CITY COUNCIL. be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Ferguson, Weak, Woolard and Mayor Prieto; NOES: None; ABSENT: None. 9. COMMENTS FROM COUNCILMEMBERS 9.A. Appointment to Waterworks #19 Task Force By general consent the appointment of Councilmember Yancy- Sutton as the City's representative to the Waterworks #19 Task Force was approved and ratified. -4- 9 .B. Staff Support for Councilmembers The City Manager presented and outlined his report dated January 30 , 1985, and after discussion the report was ordered received and filed. It was then moved by Councilmember Yancy-Sutton, seconded by Councilmember Ferguson and unanimously carried that policy be developed and presented regarding reimbursement for travel and necessary expenses relating to City business. 9.C. Councilmember Yancy-Sutton stated that VCAG Transportation Policy Planning Committee is flying to Sacramento on February 11 to meet with State Legislators to lobby for more highway funds for Ventura County, and she requested authorization and approval of necessary funds for her expenses on said trip. It was moved by Councilmember Weak, seconded by Councilmember Ferguson and unani- mously carried to approve the trip to Sacramento and to authorize reimbursement of necessary expenses involved. 9.D. Councilmember Yancy-Sutton requested a background/status report on the proposed traffic signal at the CC&F Industrial Park on Los Angeles Avenue. ' 9.E. Councilmember Yancy-Sutton read a prepared statement regarding Brown Act of the State of California, and requested a joint meeting of the City Council with the members of the Planning and the Parks and Recreation Commission, with the City Attorney in attendance, for a discussion on the Brown Act. After discussion it was agreed that the Council would meet with the two commissions in joint session on March 4, 1985, at 6 : 00 p.m. , prior to the Council Meeting of that date. 9.F. Councilmember Woolard requested information regarding the sidewalk on Christian Barrett Drive. 9.G. Councilmember Woolard requested information regarding the pepper streets on Bard Street, and commented on the improved appearance of the trees at the Community Center. RECESS The Mayor declared a recess, the time being 8 : 30 p.m. The meeting reconvened at 8 : 50 p.m. , all members of the Council being present. 10. STAFF REPORTS - RECOMMENDED ACTION ITEMS 10 .A. General Plan Amendment Screening for Villa Campesina Corp. The Director of Community Development gave an overview of the project, as outlined in his report dated February 4, 1985 . -5- Councilmember Yancy- Sutton requested that the record show that she had met with and discussed the project with the proponents. The following persons then addressed Council in support of the project: Raul Valdivia, 102 First Street, Moorpark, president of Villa Campesina Corporation Karen Flock, 1101 Azagar Street, Saticoy, CA 93004 of Cabrillo Economic Development Corp. Councilmembers Weak, Ferguson, Woolard and Mayor Prieto each stated for the record that they, too, had met with and discussed the project with the proponents. It was moved by Councilmember Weak, seconded by Councilmember Ferguson and unanimously carried that the proposed amendment to the General Plan Land Use Element of the City be approved for further processing. Councilmember Yancy- Sutton stated that in her opinion the zone change amendment should be processed at the same time as the General Plan Amendment, that the General Plan Amendment is not an automatic zone change. She also expressed opposition to Resolution No. 83 -59, adopted by the City Council at its meeting of December 21, 1983. Councilmember Weak also expressed opposition to said Resolution No. 83 -59, and requested that a resolution of rescission be prepared for Council consideration at the next meeting. 10.B. Industrial Development Authority The City Manager presented and outlined his report dated February 1, 1985, regarding the subject matter, and after discussion the following persons addressed Council in support of the matter: Martin C. Coren, of Katz, Hollis Coren & Associates, 550 So. Hill Street, Suite 980, Los angeles 90013 West Smith, Kavlico Corporation, 19915 Roscoe, Canoga Park,CA. It was moved by Councilmember Yancy- Sutton, seconded by Council - member Weak and unanimously carried that the Industrial Develop - Authority be created and that the Council serve as the Board of Directors. 10.C. Request of Moorpark Travel Agency re Landscaping at Moorpark Town Center (Janss Shopping Center) The Director of Community Development presented his report dated February 4, 1985, and after discussion, the following person addressed Council concerning the subject matter: Sydney Kessler, Ph.D., CTC, Moorpark Travel, Inc. 33 E. High Street, Moorpark -ti- It was moved by Councilmember Weak, seconded by Councilmember Yancy- Sutton and unanimously carried to receive and file the letter from Sydney Kessler, dated January 24, 1985, which he had read in full into the record, together with the report of the Director of Community Development; that staff review the land- scaping plans for the planters in the center, including a review by the Sheriff's Department, and that staff also review the electrical to ascertain if it is a problem; and that staff report back to the Council at the first meeting in March. The Director of Community Development stated that Janss Corporation has an approved permit, and that the only way a change could be obtained would be for Janss Corporation to file an application for a modification of that permit, which they have indicated unwilling- ness to do; and that this appears to be a tenant /landlord situation. RECESS The Mayor declared a recess, the time being 10.05 p.m. The meeting reconvened at 10:15 p.m., all members of the Council being present. 10.B. Industrial Development Authority - (Again considered) The City Attorney announced that she had prepared an Ordinance for the creation of the Industrial Development Authority, and would present it at this time, if Council so desired. It was moved by Councilmember Weak, seconded by Councilmember Yancy - Sutton and unanimously carried that the matter be continued to the next meeting of the Council. 10.D. Accept Proposal for Appraisal Services re Tierra Road Condemnation The City Attorney announced that she had received a proposal, dated February 1, 1985, from Richard Laquess, M.A.I., of Ventura Property Services, Inc., P.O. Box 6729, Ventura, California 93006, for appraisal services in connection with the condemnation of property required for the Tierra Rejada Road improvement project, and recommended that Council accept said proposal. It was moved by Councilmember Yancy- Sutton and seconded by Council- member Ferguson that the recommendation of the City Attorney be approved and that the proposal of Richard Laquess, of Ventura Property Services, Inc., be accepted as outlined in his communica- tion dated February 1, 1985. Motion carried by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Ferguson, Weak, Woolard and Mayor Prieto; NOES: None; ABSENT: None. -7- 10.E. Preparation of Site Plan for Community Center Parking and Proposed Siting of Modular Unit The City Manager presented his report dated January 31, 1985, and it was moved by Councilmember Yancy-Sutton, seconded by Councilmember Ferguson and unanimously carried, that the appropria- tion of an amount not to exceed $1 , 000 be approved for the prepara- tion of a site plan, as outlined, that the matter be referred to the Parks and Recreation Commission and to the Senior Citizens Center Committee, and report back to the Council at the first meeting in March. 10.F. Moorpark Avenue Improvements - Agreement for Engineering Services The City Manager presented his report dated January 31, 1985, and after discussion, it was moved by Councilmember Yancy-Sutton and seconded by Councilmember Weak that Council approve the inclusion of both sides of Moorpark Avenue from High Street to Charles Street, and also approve the Agreement for engineering Design Services with Willdan Associates, in the amount of $18, 735. 00, together with an estimated $700. 00 for CalTrans permit processing. Motion carried by the following roll call vote; AYES: Councilmembers Yancy-Sutton, Weak, Ferguson, Woolard and Mayor Prieto; NOES: None; ABSENT: None. During the discussion, Councilmember Yancy-Sutton requested that the area along the railroad track on the east side of Moorpark avenue be included in the project, and the City Engineer agreed to do so, at no additional cost to the City. 10.G. Off-Road Highway Vehicle Park Development Study Lt. Wells, of the County Sheriff' s Department, presented his report dated January 10, 1985, and it was moved by Councilmember Yancy- Sutton, seconded by Councilmember Weak and unanimously carried that Council approve funding for Phases 1, 2 and 3 of the proposed sharing by participating cities in the studies of the Off-Highway Vehicle Site Planning, with a caveat requiring consideration be given to evaluation of a site to accommodate residents in the southeastern portion of Ventura County; and further, that the funding approved would be the City' s estimated Off-Highway Vehicle License Fee subvention for the 1984-85 and 1985-86 fiscal years, and any further funding would require Council approval. 10.H. Christmas Tree Lighting Ceremony The City Manager presented his report dated February 4, 1985, and it was moved by Councilmember Yancy-Sutton, seconded by Councilmember Ferguson and unanimously carried to approve the recommendation of the Parks and Recreation Commission as outlined on Page 3 of Commissioner Deas ' report, and that the balance of the donated funds, in the amount of $104 . 27, be held in trust for the 1985 Tree Lighting Ceremony. -a- 10.I. Telephone Rate Increases - Resolution from City of Rosemead Urqinq Leqislation to Control It was moved by Councilmember Yancy- Sutton and seconded by Councilmember Weak that Resolution No. 85- 166'"entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, URGING THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO TAKE POSITIVE ACTION TO CONTROL TELEPHONE RATES be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Weak, Ferguson, Woolard and Mayor Prieto; NOES: None; ABSENT: None. 11. STAFF REPORTS - INFORMATION ITEMS ll.A. Street Naming Policy and Painted Red Curbs at Mail Boxes in Peach Hill Area The report of the City Manager, dated January 25, 1985, regarding the subject matter was ordered received and filed by general consent. ll.B. Telephone Rate Increases - moved to Item 10.I above. 11.C. Traffic Signal Operation at College View Avenue - Campus Park Drive The report of the City Engineer, dated February 4, 1985, regarding the subject matter was ordered received and filed by general consent. ll.D. Areas of Contribution - Status Report The report of the City Engineer, dated February 4, 1985, regarding the subject matter was ordered received and filed by general consent. 12. CONSENT CALENDAR By general consent Items 12.A, 12.G, 12.J, 12.K and 12.L were excluded from the Consent Calendar. Moved by Councilmember Weak and seconded by Councilmember Yancy- Sutton that Items 12.B, 12.C, 12.D, 12.E, 12.F, 12.H and 12.I of the Consent Calendar be approved as recommended, which motion carried by the following roll call vote: AYES: Councilmembers Weak, Yancy- Sutton, Ferguson, Woolard and Mayor Prieto; NOES: None; ABSENT: None. 12.B. Claim for Damages - Manuel Magana Torres Denied the Claim for Damage of Injury, filed with the City on behalf of the family of Manuel Magana Torres, for an incident which occurred on or about October 27, 1984, which claim was received by the City on January 29, 1985. 12.C. 1985 -86 Budget Calendar Approve the 1985 -86 Fiscal Year Budget Calendar, as presented by by the City Manager. 12.D. Distribution of Council Communications Approved report of City Clerk dated January 29, 1985, and authorized distribution procedure for communications as outlined therein. 12.E. Mello Roos Districts Set for public hearing March 4, 1985, at 7:00 p.m. 12.F. Letter from Leasco re sale of Villa del Arroyo Mobilehome Park Received and filed communication dated January 16, 1985, regarding intent to offer the mobilehome park for sale to residents. 12.H. Accept Easement from Southern California Edison Company, Approve Construction Agreement and authorize execution; Location: Moorpark Substation - Northwest corner of Gabbert Road and Los Angeles Avenue, west approximately 1,293.76 feet. Accepted Easement from Southern California Edison Company, as required by Conditional Use Permit 1633 MOD, as approved by the County of Ventura prior to Moorpark's incorporation, said easement being dated June 12, 1984, as delineated on the map attached thereto; also approved Agreement to Construct Improvements on Los Angeles Avenue and Gabbert Road in the vicinity of the Edison Substation, and authorized the Mayor and City Clerk to execute said Agreement on behalf of the City; City Clerk authorized to record said easement. 12.1. Accept Easement for Storm Drainage Purposes from California Community Builders, Inc. - Knotty Pine Street, Tract 3403 Accepted Easement from California Community Builders, Inc., dated June 22, 1984, as required by development of Tract No. 3403, and authorize recordation by City Clerk. -10- EXCLUDED CONSENT CALENDAR ITEMS 12.A. Warrant Register Councilmember Yancy- Sutton questioned a pay -in- lieu -of- vacation item on the Warrant Register, after which she moved approval of the Warrant Register, which motion was seconded by Councilmember Weak and carried by the following roll call vote: AYES: Councilmembers Yancy - Sutton, Weak, Ferguson, Woolard and Mayor Prieto; NOES: None; ABSENT: None. 12.G. Letter from Leasco re Processing fees for Rent Increase Application Moved by Councilmember Yancy- Sutton, seconded by Councilmember Weak and unanimously carried that the communication from Leasco, dated January 3, 1985, regarding the rent increase application fees, together with the City Manager's report dated January 31, 1985 be received and filed. 12.J. Planning Services Contract for PD- 1010 /LDM3 (Palmer) Location: Southeast corner of Moorpark Avenue and Los Anqeles Avenue It was moved by Councilmember Yancy- Sutton and seconded by Council- member Weak that the report of the Director of Community Develop- ment dated February 4, 1985, be approved, and that Council does approve the agreement with Michael Brandman Associates for the preparation of an EIR for the subject project, and the provision of staff services for the processing of the permits, and does authorize the Mayor and City Clerk to execute said agreement for and on behalf of the City after the submission to the City of all required funds by G. H. Palmer Associates. Motion carried by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Weak, Ferguson, Woolard and Mayor Prieto; NOES: None; ABSENT: None. 12.K. Planning Services contract for General Plan Amendment (Griffin Development. Location: 254 acres adjacent to and west of Moorpark Colleae Councilmember Yancy- Sutton stated that she would abstain from participation in this matter because of a possible conflict of interest. It was moved by Councilmember Weak and seconded by Councilmember Ferguson that the report of the Director of Community Development dated February 4, 1985, be approved, and that Council does approve the agreement with McClelland Engineering for the preparation of an EIR for the subject project, consisting of General Plan Amend- ment, Zone change Z- 2801 /Tentative Tract TR- 3968 /Planned Development Permits PD -1041 and PD -1042, -11- and the provision of staff services for the processing of the permits, and does authorize the Mayor and City Clerk to execute said agreement for and on behalf of the City after the submission to the City of all required funds by Griffin Development. Motion carried by the following roll call vote: AYES: Councilmembers Weak, Ferguson, Woolard and Mayor Prieto; NOES: None; ABSENT: None; ABSTAIN: Councilmember Yancy- Sutton. 12.L. Planning Services Contract for General Plan Amendment (Carlsberg, Bulmer and Caren) Locations: Carlsberg - 50 acres adjacent to and south of New Los Angeles Avenue Bulmer - 349 acres adjacent to and west of Walnut Canyon road Caren - 1.5 acres at northeast corner of Poindexter Road and Moorpark Avenue The City Clerk presented a letter from Bob Crockford, 7189 Walnut Canyon Road, Moorpark, dated February 4, 1985, which had been presented to her just prior to the meeting and which had been distributed to Council at that time, stating that Mr. Crockford had requested that the letter be made a part of the record of this matter, which letter was in protest to the Bulmer project. It was moved by Councilmember Yancy- Sutton and seconded by Council- member Weak that said letter be received and filed; that the report of the Director of Community Development, dated February 4, 1985, be approved, and that Council does approve the agreement with McClelland Engineering for the preparation of and EIR and the provision of staff services for the General Plan Amendment for the subject projects; and does authorize the Mayor and City Clerk to execute said agreement for and on behalf of the City after the submission of all required funds by the applicants. Motion carried by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Weak, Ferguson, Woolard and Mayor Prieto; NOES: None; ABSENT: None. 13. FUTURE AGENDA ITEMS 13.A. Councilmember Weak requested the following items be included on Future Agenda: 1. Proposal for quarterly newsletter 2. Ad hoc committee to research and develop a business license ordinance 3. Draft for rescission of Resolution No. 83 -59 for next meeting. 13.B. Councilmember Woolard requested a report on the historical significance of the pepper trees, specifically whether or not we have the power to have them trimmed and treated. 1 7 13 .C. Councilmember Ferguson requested that the following items be given attention: 1. Possible yellow zone in front of Pizza House on High Street 2. Raised sidewalk on Second Avenue 3 . Stop sign at Susan and Millard LITIGATION SESSION By general consent the council adjourned to a closed litigation session, under the provisions of Government Code Section 54956 . 8 (a) and 54956. 8 (b) , the time being 11 : 30 p.m. The meeting reconvened at 11: 35 p.m. , and the City Attorney announced that a matter of litigation relative to Pacifica vs . Moorpark had been discussed; and in addition a matter of potential exposure to litigation had been discussed and the Mayor 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, the meeting was adjourned by unanimous consent, the time being 11 : 37 p.m. Respectfully submitted City Clerk APPROVED: Mayor -13-