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HomeMy WebLinkAboutMIN 1985 0506 CC REGMoorpark, California May 6, 1985 A regular meeting of the City Council of the City of Moorpark, California, was held on May 6, 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 Ferguson. 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 J. 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 None. 5. PROCLAMATIONS /COMMENDATIONS /SPECIAL PRESENTATIONS S.A. ANNUAL POPPY SALE - May 10 and 11, BY American Legion Auxiliary (Non - Aqenda Item) Lois Brusven and Evelyn Hunt, representing the American Legion Auxiliary, addressed Council regarding the sale of American Legion poppies, explaining the disposition of the proceeds of the sale and requesting favorable support of the City in this Annual Poppy Sale; stating also that they would be sold in the downtown area (High Street) and in the Town Center (Janss Center) on May 10 and 11. The Mayor declared May 10 and 11 as Ameican Legion Auxiliary Annual Poppy Sale days. -1- 5 -6 -85 5.B, C, D, and E. The Mayor made the following proclamations: B. Proclamation - "Sober Graduation - Make it to Your Future" Months of May and June, 1985 C. Proclamation - "Toxic Awareness Week" - Week of May 12, 1985 D. Proclamation - "Califoria Traffic Safety Week" Week of May 19 through 25, 1985 E. Proclamation - "National Public Works Week" Week of May 19 through 25, 1985 6. COMMENTS FROM THE PUBLIC John Newton, 165 High Street, Moorpark, representing the Downtown Area Improvement Committee, addressed Council, distributing written information regarding Assembly Bill 2483, relating to improvement of downtown or main street areas, and urged that the members of the Council who would be attending the upcoming legislative conference in Sacramento spend some time in urging support for this bill, since, if passed, might provide a source of funds for the improvement of our downtown area. Karen Chapel, 347 Dorothy Avenue, Moorpark, addressed Council con- cerning proposed summer recreation program for elementary school children. The City Manager stated that this particular program had been dis- cussed at the last meeting of the Parks and Recreation Commission, and that the Commission had agreed to work with Mrs. Chapel to explore the program as presented by her. The Commission did not endorse the concept of asking the School District for funds, merely to determine the interest. He stated that the Commission is still studying this program and has not decided whether it would be at a fee or at no charge. The Commission members are open- minded, but have not made a decision on the type of program or the funding level. He stated, further, that the School District had indicated that Flory School would have no available rooms, but that the staff had indicated they will make room at Poindexter School. After further discussion, it was moved by Councilmember Yancy - Sutton, seconded by Councilmember Weak and unanimously carried that staff contact the School District to ascertain availability of a classroom for a summer recreation program, and that the Parks and Recreation Commission be instructed to submit program proposals to Council for approval, and that the program discussed by Mrs. Chapel be one of the programs. Richard Chavez, 651 Diablo Avenue, Moorpark, addressed Council on behalf of the Neighborhoold Council, District No. 1, and presented to the Mayor a copy of that organization's by -laws for information. -2- AIROW Bill Mitchell, 6440 N. Berkeley, Moorpark, addressed Council rep- resenting the Highway #118 Improvement Committee, as well as CTAC, and urging Council and Committee support of the #118 Improvement Committee. 7. HEARINGS 7.A. Appeal No. 9 - from a Decision by the Director of Community Development not to Allow Occupancy of any Dwelling Units in Phase II of PD -851 (Pacifica Corporation) until the Parksite Improvements Required by Condition No. 19 have been completed. The Director of Community Development reviewed his report dated May 6, 1985 and answered questions posed by members of the Council. The City Manager also reviewed his report dated May 1, 1985, in which he outlined the recommendations of the Planning Commission concerning the improvements to Peach Hill Park. 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; 3. Affidavit of posting notice of this hearing at the 3 public places wtihin the City, as designated by Resolution No. 83 -11, adopted July 2, 1983. The public hearing was declared open and the following persons addressed Council in support of the appeal: Stan Cohen, Attorney at Law, 500 Esplanade Drive, Oxnard representing Pacific Corporation Mary Gayle, Attorney at Law, 350 North Lantana Street, Camarillo representing Pardee Corporation In his testimony, Mr. Cohen stated that Pacifica Corporation has been ready to move forward with the improvement of the park as soon as City will agree, that an agreement has been presented to the City for approval. In her testimony, Ms. Gayle stated that Pardee is a co- responsible party with Pacifica for the development of the park, and that Pardee will move ahead with the improvement of the park according to approved plans and specifications, and the agreement which is under consideration. There being no further public testimony to be heard regarding this matter, the hearing was declared closed. After discussion, it was moved by Councilmember Yancy- Sutton and seconded by Councilmember Ferguson that the recommendation of the Director of Community Development be approved, and that a resolution be prepared for the next meeting of the City Council, incorporating the modification of Condition No. 19 of PD -851 to read as follows: -3- 5 -6 -85 That Pacifica be permitted 62 dwelling unit occupancies at this time. Upon the approval by the City of the agreement defining Pacifica's park improvement obligation, they be permitted a total of 108 occupancies and upon the start of the twelve (12) month maintenance period, all occupancies for the Pacifica portion of PD -851 be permitted. Motion carried by the following roll call vote: AYES: Councilmember Yancy - Sutton, Ferguson, Weak and Mayor Prieto; NOES: Councilmember Woolard; ABSENT: None. It was moved by Councilmember Yancy - Sutton that this action of the City Council sustains the requested appeal action by permitting the occupancy of the homes in Phase 2 (an additional 32 homes) of PD -851, and that upon the approval of the agreement outlining Pacifica's obligations concerning the park improvement, Council will approve the occupancy of the homes in Phase 3 (an additional 46 homes) of PD -851, making a total of 62 occupancies; and further, that Council will review the 13 steps as presented by the City Manager and recommended by the Parks and Recreation Commission, and that those issues covered will be a part of the agreement. The motion was seconded by Councilmember Weak and unanimously carried. 7.B. Development Plan Permit No. DP -302 (Gershenberg) Request for approval to construct a 104,840 square foot office and carpet manufacturing facility to be located on an 11.95 acre parcel adjacent to and north of Los Angeles Avenue and approximately 2.000 feet west of Buttercreek Road The Director of Community Development presented and reviewed his report dated May 6, 1985 regarding the subject matter, and answered questions posed by members of the Council. He also stated that he had received and presented for filing a letter from Waterworks District No. 1, stating that a holding tank is not needed at this time for the proposed operation. 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 July 2, 1983. The public hearing was declared open and the following persons addressed Council in support of the application: -4- 5 -6 -85 Jerry Gershenberg, Applicant, Woodcrest Carpets 14933 Calvert Street, Van Nuys, CA Larry Rasmussen of Rasmussen & Associates, architect for project 248 S. Mills Road, Ventura, California Tony Bartolotto, 6190 Old Balcom Canyon, Moorpark, addressed Council in opposition to the project because of the traffic control and flow in that area. H. A. Sessler, of 6061 Gabbert Road, Moorpark, also addressed Council expressing his concern with traffic on Highway #118. There being no further public testimony, the hearing was declared closed. There was discussion between staff, members of the Council and the applicant regarding the construction of the flood control box culvert in that area and the applicant stated he would have no objection to fronting the money for the construction of the culvert if he could be sure that the funds being contributed to Flood Control would be earmarked for repayment to him as the area is developed. It was moved by Councilmember Yancy- Sutton and seconded by Council - member Ferguson that the application for DP -302 be approved subject to developer and staff working with Flood Control to develop and agreement whereby the developer would put in the box culvert, and highway would be improved in that area and the developer would be reimbursed by Flood Control, which motion carried by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Ferguson, Weak, Woolard and Mayor Prieto; NOES: None; ABSENT: None. At the suggestion of Councilmember Yancy- Sutton and by general consent, Council adopted a policy that all public utility boxes, poles, fire hydrants, etc., would be placed back of the sidewalks, and requested that such a condition be added to DP -302 and the resolution of approval of said DP -302 be presented to Council for consideration after negotiations have been completed with the developer and Flood Control regarding the construction of the culvert and highway improvements in that area. RECESS The Mayor declared a recess, the time being 9:10 p.m. The meeting reconvened at 9:37 p.m., all members of the Council being present. -5- 5 -6 -85 8. ORDINANCES {RESOLUTIONS 8.A. Ordinance Amending Municipal Code Modifying Time Limit Restriction re Trains Blocking Crossings Moved by Councilmember Yancy- Sutton, seconded by Councilmember Weak and unanimously carried to continue this matter in order to give staff an opportunity to study the matter further. 8.B. Classification Plan 1. Establishment of Facilities Coordinator Classification 2. Resolution Adopting Classification Plan Moved by Councilmember Yancy - Sutton, seconded by Councilmember Woolard and unanimously carried to continue this matter to the next meeting of the Council. 9. COMMENTS FROM COUNCILMEMBERS 9.A. Councilmember Ferguson - None. 9.B. Councilmember Weak announced that he had received a resignation from Randy Wormsbecher, as a member of the Parks and Recreation. He recommended that the resignation be accepted with regret, and he then nominated Mike McElligott for appointment to fill the vacancy thus created. The nomination was seconded by Councilmember Woolard and unanimously carried. 9.C. Councilmember Yancy- Sutton requested and updated on the location of the emergency supply unit within the City limits, and was informed by the City Manager that staff was working on the matter, having dis- cussed with the Fire Department the possibility of locating it at the station, and that other matters relating to the emergency unit were being coordinated as well. Councilmember Yancy- Sutton also requested and up -date on the status of the Coast Auto Salvage Municipal Code violation, and response was provided by the City Attorney. Councilmember Yancy- Sutton requested an up -date on the zoning violation on Casey Road, and the Director of Community Development reported that staff is working with County Building and Safety on the matter. 9.C. Councilmember Woolard requested a status report on the matter of the location of newsracks at the Community Center, and the City Manager responded with an up -date. -6- 5 -6 -85 10. STAFF REPORTS - RECOMENDED ACTION ITEMS 10.A. Preparation of Plan for Stage /Dias The City Manager gave an oral report regarding the status of the proposed project, and after a brief discussion, it was moved by Councilmember Yancy- Sutton and seconded by Councilmember Weak that the City Manager proceed with retaining an architect for the prepara- tion of the project plans, at a cost not to exceed $1,500.00. Motion carried by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Weak, Ferguson, Woolard and Mayor Prieto; NOES: None; ABSENT: None. 10.F. General Plan Update By general consent this item was considered at this time. The Director of Community Development presented and reviewed his report dated May 6, 1985, after which the following persons addressed Council: In opposition: - E.R.Peters, 7155 Walnut Canyon, Moorpark Bill LaPerch, 7200 Walnut Canyon Road, Moorpark Linda Hoglund, 1006 N. Currier Avenue, Simi Valley Jeff Rosen,4365 N. Ashtree, Moorpark H. A. Sessler, 6061 Gabbert Road, Moorpark In support: John Galloway, 338 Sierra Avenue, Moorpark, representing Felburg & Sun Robert A. Felburg, 13697 Christian Barrett Drive, Moorpark, Representing Felburg & Sun Elaine L. Freeman, 4846 Heather Court, Moorpark, representing Griffin Homes John Newton, 165 High Street, Moorpark, representing JBR /Kavlico After considerable discussion it was moved by Councilmember Yancy- Sutton, seconded by Councilmember Ferguson and unanimously carried to adopt a policy that future General Plan Amendment requests may be presented to the Planning Commission on a voluntary basis for an advisory review prior to the formal submittal of an application. It was then moved by Councilmember Yancy- Sutton and seconded by Councilmember Ferguson that the City proceed with the processing of the General Plan Amendment Applications which are now in process for a General Plan update. -7- 5 -6 -85 Planning Commissioners Rosen and LaPerch both addressed Council explaining the reasons why the Planning Commission had taken the action to invite the filing of General Plan Amendment applications, and stating that their intent was to gain information concerning proposed development in the City. After further discussion, the motion was withdrawn by Councilmember Yancy- Sutton, because of a possible confict of interest, with the consent of Councilmember Ferguson. Commissioner Hartley then addressed Council further explaining the Commission's position in the matter. It was then moved by Councilmember Ferguson that the City proceed with the processing of the General Plan Amendment Applications which are now in process for a General Plan update, with the excep- tion of the application of Griffin Homes, and that a time limit of July 15 be established as a deadline for receipt of additional applications to be included with the General Plan update. Councilmember Weak stated that he would second the motion if the provision regarding the July 15 deadline were removed. Councilmember Ferguson proceeded to change his motion accordingly, and the motion was then seconded by Councilmember Weak. The Director of Community Development stated that one of the steps which will be necessary is a notice public meeting to discuss the scope of the review of these projects and to discuss the environ- mental issues which need to be addressed, along with other issues which should be looked at in the General Plan update. He stated that at that time there would be an opportunity for the Planning Commission and the City Council to review the entire matter and designate any projects which may be appropriate to participate on a cost sharing basis. The motion then carried by the following roll call vote: AYES: Councilmembers Ferguson, Weak, Yancy- Sutton and Mayor Prieto; NOES: Councilmember Woolard; ABSENT: None. It was then moved by Councilmember Weak and seconded by Council- member Ferguson that the Griffin application for General Plan Amend- ment be processed along with the other items previously approved, which motion carried by the following roll call vote: AYES: Councilmembers Ferguson, Weak and Mayor Prieto; NOES: Councilmember Woolard; ABSENT: Councilmember Yancy- Sutton. Councilmember Yancy- Sutton did not participate in the discussion on this particular item because of a possible conflict of interest, and therefore, is recorded as having been absent during the discussion and vote. :M. 5 -6 -85 Councilmember Woolard stated that he had voted "No" on the last two items because he felt the Council should obtain an opinion from the City Attorney as to whether or not all the applications could be returned to the applicants along with their deposits. It was moved by Councilmember Weak and seconded by Councilmember Ferguson that staff proceed with the scoping of the General Plan Amendment update, and to report back to the Council for approval. Motion carried by the following roll call vote: AYES: Councilmembers Weak, Ferguson, Woolard and Mayor Prieto; NOES: None; ABSENT: Councilmember Yancy- Sutton. 10.B. Preparation of Plan for Modular Building for Use as Citv Hall The City Manager gave an oral report on this item, stating that he had now received a proposal from DIal Architects for the preparation of the scope of the work for this project at a cost not to exceed $3,500.00. It was moved by Councilmember Yancy- Sutton and seconded by Council - member Woolard that the City Manager be authorized to proceed with acceptance of the proposal, at a cost not to exceed $3,500.00. Councilmember Weak events surrounding for City Hall, and of the second, and to furnish a detai Meeting. requested a detailed the proposal for the the foregoing motion the City Manager was led report and recomm, report on all actions and modular building to be used was withdrawn, with the consent instructed by general consent andation at the next Council 10.C. Peach Hill Park - Retention of Landscape Architect The City Manager presented and reviewed his report dated May 1, 1985 and after discussion, it was moved by Councilmember Yancy - Sutton and seconded by Councilmember Weak to authorize an appropriation of not to exceed $2,000 from Quimby (Principal) Funds for Landscape Architect Services for Peach Hill Park. Motion carried by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Weak, Ferguson, Woolard and Mayor Prieto; NOES: None; ABSENT: None. 10.D. Request for Use of Edison Rights of Way The City Manager presented and reviewed his report dated May 1, 1985, and after discussion it was moved by Councilmember Weak and seconded by Councilmember Ferguson that staff be directed to proceed with securing a right of first refusal from Edison Company for the W 5 -6 -85 use of the Edison rights of way referred to in said report for recreational purposes. Motion carried by the following roll call vote: AYES: Councilmembers Weak, Ferguson, Woolard and Mayor Prieto; NOES: Councilmember Yancy- Sutton; ABSENT: None. 10.E. Los Angeles Avenue Widening between Maureen Lane and Gisler Avenue; Pavement Widths The City Engineer presented and reviewed his report dated May 6, 1985, and after discussion, it was moved by Councilmember Yancy- Sutton, seconded by Councilmember Weak and unanimously carried to authorize the expansion of the Los Angeles Avenue Widening Project between Maureen Lane and Gisler Avenue to include an additional 8 feet of paving; and that, in addition, no signs or other appurtenance or accessory be placed in the sidewalk area. She also requested that this latter provision be adopted as a policy. Staff to report back. 10.G. Summer Recreation Proqram (continued from 4- 29 -85) The City Manager gave a verbal report concerning this item, stating - that he had contacted Rancho Simi Recreation and Park District and that they have indicated an interest in putting together a summer recreation program for Moorpark; that they have indicated a price of $13.75 per hour for an over -all program; that he has scheduled a meeting for Wednesday, Jay 8, to discuss the matter in detail; that he will present a report to the Parks and Recreation Commission on the 15th and report back to the Council on May 20. 10.H. Parking Lot Sealing The City Manager presented and reviewed his report dated May 6, 1985, after which it was moved by Councilmember Yancy- Sutton and seconded by Councilmember Woolard to accept the proposal from Oxnard Oil for the sealing of the Community Center Parking Lot with CRF Sealer, as quoted, and that appropriations be approved as follows for payment of the project: Not to exceed a total of $2,000: (a) $1,000.00 from Quimby Interest (b) $1,000.00 from General Fund. Motion carried by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Woolard, Ferguson, Weak and Mayor Prieto; NOES: None; ABSENT: None. -10- 91. :11 10.I. Noise Ordinance Review The Director of Community Development presented and reviewed his report dated May 1, 1985 regarding the subject matter. The report was received and filed by general consent. 11. STAFF REPORTS - INFORMATION ITEMS ll.A. Rent Control Moratorium The City Manager presented and reviewed his report dated May 1, 1985, which report was received and filed by general consent. ll.B. Planning Staff Rates Chargeable to Projects (Continued from 4- 15 -85) The Director of Community Development presented and reviewed his report dated May 6, 1985 regarding the subject matter, and it was ordered received and filed by general consent, with Councilmember Yancy- Sutton stating that the proposed review might be needed prior to adoption of the 1985 -86 budget, rather than in July. 12. CONSENT CALENDAR By general consent Items B and D were excluded from the Consent Calendar. It was moved by Councilmember Weak and seconded by Councilmember Woolard that Items A, C and E of the Consent Calendar be approved as recommended, which motion carried by the following roll call vote: AYES: Councilmembers Weak, Woolard, Ferguson, Yancy- Sutton and Mayor Prieto; NOES: None; ABSENT: None. 12.A. Amendment to Moorpark Operating Procedures (MOP NO. 2) Regarding Council Meeting Agenda Preparation Approved Amended MOP No. 2. 12.C. Request by Century Homes, Inc., to Reduce the Amount of the Grading Bond on RPD -999; Senior Citizens Housing Development at Charles and Magnolia Streets. Authorize the City Clerk to reduce the existing irrevocable Letter of Credit No. SB- 25561, issued by Peoples National Bank of Washington, from $67,514.00 to $20,000.00. 12.E. Approval of Warrant Register Approved Warrant Register dated May 6, 1985, listing Warrants No. 1450 through 1521, in the total mount of $96,244.32, as -11- 5 -6 -85 approved by the City Manager and on file in the office of the City Clerk, and authorized the City Manager to issue warrants therefor. EXCLUDED CONSENT CALENDAR ITEMS 12.B. Acceptance of Public Improvements and Exoneration of Bonds - Tract No. Tr -3403 - California Community Builders; Peach Hill Area Councilmember Yancy- Sutton stated that she had driven through the Tract and was not happy with the streets, citing a manhole which is too low, part of the pavement is failing, and damaged areas on the curbs. She recommended that we do not accept the improvements until the corrections are made. Council unanimously agreed. 12.D. Contract Planning Services re Tract No. 4037/PD -1044 (Carlsberg Construction Company) It was moved by Councilmember Yancy- Sutton, seconded by Council- member Weak and unanimously carried to approve the planning services contract with Hawks & Associates for TR- 4037/PD -1044, for am amount not to exceed $3,750.00. 13. FUTURE AGENDA ITEMS 13.A. Councilmember Weak requested a staff report outlining in chronological order the steps which have been taken regarding the rent control ordinance, what our goals are at this point, and what matter the Rent Review Board is considering at this time. Councilmember Weak also requested an update on the matter of the off -road vehicles using the arroyo behind the Buttercreek Development. Councilmember Weak also commended the street sweeping under the new contract and pointed out an area on Peach Hill Road which appeared to have been missed. 14. ADJOURNMENT There being no further business for consideration at this time, the meeting was adjourned by general consent, the time being 1:20 a.m. APPROVED: Mayor Respectfully submitted -12- City Clerk