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HomeMy WebLinkAboutMIN 1985 0522 CC ADJMoorpark, California May 22, 1985 An adjourned regular meeting of the City Council ofthe City of Moorpark, California, was held on May 22, 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 7:05 p.m., Mayor Albert Prieto presiding. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Danny Woolard. 3. ROLL CALL PRESENT: Councilmembers Thomas C. Ferguson, James D. Weak, Danny Woolard, Leta Yancy- Sutton and Mayor Albert Prieto; ABSENT: None. OTHER CITY OFFICIALS AND EMPLOYEES 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 None. 6. COMMENTS FROM THE PUBLIC 6.A. Mike McElligott, 6457 N. Creighton Circle, Moorpark, addressed Council, expressing appreciation for the newly instituted street sweeping program. 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. (Hearing closed and matter continued to this meeting for presentation of Resolution of approval). It was moved by Councilmember Yancy- Sutton, seconded by Councilmember Woolard and unanimously carried to continue this matter until the next regular meeting, to be held June 3, 1985. -1- 5-22-85 7.B. Development Plan Pe±mit 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. (Hearing closed and matter continued to this meeting for presentation of Resolution of approval) . The Director of Community Development presented and reviewed his report dated May 15, 1985, pertaining specifically to revisions to Conditions Nos. 33, 75 and 80 of the recommended conditions. It was the general consensus that the developer should be reimbursed for his costs in the improvement of the Walnut Canyon channel under- crossing as other developments contribute to the Walnut Canyon Drainage Improvement Area of Contributions. After discussion, it was moved by Councilmember Yancy-Sutton and seconded by Councilmember Weak that Resolution No. 201, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING THE MITIGATED NEGATIVE DECLARATION AND APPROVING DEVELOPMENT PLAN PERMIT NO. DP-302 ON APPLICATION OF JERRY GERSHENBERG be adopted, and that staff be directed to work with the County Flood Control District in an effort to work out some method of re- imbursement to the developer, rather than forcing him to wait until all improvements within the drainage area have been completed. Motion carried by the following roll call vote: AYES: Counci)members Yancy-Sutton, Weak, Ferguson, Woolard and Mayor Prieto; NOES: None; ABSENT: None. By general consent, it was agreed that staff investigate the feas- ability of a standard agreement requiring reimbursement on a pro- portionate basis to the developer who installs the intial improvement into which other developers are connecting. 8. ORDINANCES/RESOLUTIONS 8 .A. Ordinance Amending Municipal Code Modifying Time Limit Restriction re Trains Blocking Crossings By general consent this matter was continued to the regular meeting of June 3, in order to allow Lt. Wells time to (do further research on the subject matter. -2- 5-22-85 8.A. Classification Plan 1. Establishment of Facilities -Coordinator Classification 2. Resolution Adopting Classification Plan By general consent this item was continued to the regular meeting of June 3, 1985. 8.C. Resolution re Air Quality Transportation Control Measures The Director of Community Development presented and reviewed his report dated May 15, 1985. During discussion, by general consent Item No. 3 on Exhibit 1 of the proposed resolution was amended to read as follows: "3. Improved Public Transit: -- (a) continued bus service to Thousand Oaks ongoing ongoing (b) reinstitute bus servic6 to Simi Valley 1985/86 ongoing" It was then moved by Councilmember Weak and seconded by Councilmember Yancy-Sutton that Resolution No. 85-202, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, INDICATING ITS INTENT TO IMPLEMENT REASONABLY AVAILABLE TRANSPORTATION CONTROL MEASURES FROM THE 1982 VENTURA COUNTY AIR QUALITY MANAGEMENT PLAN. be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Weak, Yancy-Sutton, Ferguson, Woolard and Mayor Prieto; NOES: None; ABSENT: None. 9 . COMMENTS FROM COUNCILMEMBERS 9.A. Mayor Prieto announced that he had received a letter from Mr. John Galloway, of 338 Sierra Avenue, Moorpark, offering to volunteer his time to represent the City of Moorpark on the Ventura County Arts Commission. He then appointed Mr. Galloway to such position, and the appointment was confirmed by general consent. 10. STAFF REPORTS - RECOMMENDED ACTION ITEMS 10.A. Plans for Proposed City Hall The City Manager presented and reviewed his report dated May 15, 1985, in which he provided a status report of plans for the project. -3- 5 -22 -85 After discussion, it was moved by Councilmember Yancy- Sutton, seconded by Councilmember Woolard and unanimously carried that the recommendations contained in the City Manager's report be approved with the following changes: (a) In Recommendation No. 3, change the title of the Fund to read "City Hall Building Fund "; and (b) In Recommendation No. 5, change to read: Direct staff to proceed with developing specifications and costs to air condition the Community Center, including the portion used as City Hall. 10.B. Status Report- Update, Revisions to Ordinance No. 7, Regulating Mobile Home Rents t Diane Eaton, Associate Planner, presented and reviewed her report dated May 22, 1985, which was an information report regarding the subject matter, outlining the modifications to Ordinance No. 7 which have been tentatively approved by the Mobile Home Park Rent Review Board. The following persons addressed Council regarding the matter: Joe Intiso, Villa Del Arroyo Mobile Home Park, 15750 Los Angeles Avenue, representing the Home Owners Association - in opposition to recommendations Jim Joffe, Leasco, 1977 N. Garey Avenue, Pomona, CA. 91767 - in opposition to portions of the recommendations Victor Richard, 15750 Los Angeles Avenue, #168, Moorpark - - in opposition to increases Councilmember Weak stated that he had met with the Villa Del Arroyo Homeowners Association and had listened to their concerns. He then outlined some of the concerns which had been expressed to him -- con- cerned that council is not listening to the Homeowners; concerns that those items they wish to have considered have not been considered; concerns that rent increases are a given fact, and that there is an increase every year; and concerns that the formula was not discussed in any great detail. He then stated he would like to see alternatives presented for consideration to Council. 10.C. Summer Recreation Program This matter was considered at the adjourned regular meeting of May 18, 1985. No further action necessary. -4- 5 -22 -85 10.D. General Plan Update The Director of Community Development presented and reviewed his report dated May 22, 1985, and presented the following communications which had been received regarding the subject matter: 1. From Ventura Local Agency Formation Commission, dated May 20, 1985, subject: Tierra Rejada Valley 2. From City of Thousand Oaks, dated May 16, 1985, opposing any action which would violate the Greenbelt Agreement for the Tierra Rejada Valley adopted in 1984 3. From Griffin Homes, dated May 22, 1985, continuing its application for Tierra Rejada General Plan Amendment "to some time in the future when more appropriate" I 4. From Felburg and Sun, dated May 22, 1985, subject: Response to Comments in Staff Report re General Plan Program. Also requests processing of application on file. The Director of Community Development also stated that he had been contacted by two applicants within the City, Mr. Askenazy and U. S. Condominium, stating their support for screening guidelines, and application review by the City Council. He stated that Mr. Doug Holland, Chairman of the Planning Commission, had requested that Council be informed of his support of staff recommendations, inasmuch as he was unable to be in attendance at this meeting. The following persons addressed Council regarding the subject matter: Richard Chavez, 651 Diablo, Moorpark, representing Moorpark Central Council - suggested a moratorium Bill LaPerch, 7200 Walnut Canyon, Moorpark, Member of Planning Commissioner - recommended developing to present zoning John Galloway, 338 Siena Avenue, Moorpark, representing Felburg & Sun, applicant: Solaris - urging processing of application on file Robert A. Felburg, 13697 Christian Barrett Drive, Moorpark representing Felburg & Sun, Applicant: Solaris - urging processing of application on file Jim McGillis, 4406 Clearcreek Court, Moorpark - urged con- current improvement to take care of needs of community Jeff Rosen, 4365 N. Ashtree, Moorpark, Member of Planning Commission - supports concept of GPA screening Jim Hartley, 5950 Gabbert Road, Moorpark, Member of Planning Commission - supports staff report presented at this meeting. -5- 5 -22 -85 After discussion, it was moved by Councilmember Yancy- Sutton and seconded by Councilmember Ferguson that those applicants who wish to do so may withdraw their applications for General Plan Amendment and receive a full refund of their deposits, but that those who wish to do so may leave their applications on file with no guarantee as to when the application will be processed. The motion failed to carry by the following roll call vote: AYES: Councilmembers Yancy- Sutton and Ferguson; NOES: Councilmembers Weak, Woolard and Mayor Prieto; ABSENT: None. It was then moved by Councilmember Weak and seconded by Councilmember Woolard (1) that the deposits be returned to all of the applicants for a General Plan Amendment; (2) that staff be directed to complete the elements of the General Plan yet to be adopted; (3) that if any of the developers to whom the deposits are being refunded wish to apply for a General Plan Amendment, they would know that the first order of business for the City would be to firlish the General Plan Elements, and they could apply, knowing that. Motion carried by the following roll call vote: AYES: Councilmembers Weak, Woolard, Yancy- Sutton, and Mayor Prieto; NOES: None; ABSENT: None; ABSTAIN: Councilmember Ferguson. It was then moved by Councilmember Weak and seconded by Councilmember Woolard that mandatory screening be imposed on all future General Plan Amendments and applications, with the understanding that it is a mandatory review with the Council and will not be a determining vote, and the developer would have the prerogative to continue or discontinue after the screening. After discussion the motion was withdrawn, with the consent of the second, and staff was instructed to report back at the next Council meeting regarding recommendations, ramifications and options of screening. RECESS The Mayor declared a recess, the time being 10:02 p.m. The meeting reconvened at 10:22 p.m., all members of the Council being present. NON - AGENDA ITEM By general consent Council agreed to permit Mr. Richard Chavez, 651 Diablo, Moorpark, address Council on behalf of Moorpark Central Council. He reported a safety problem at the intersection of Moorpark Avenue and Poindexter, citing heavy traffic and speeding, particularly before and after school hours. He asked that police parole that intersection during those times: 7:15 to 7:45 a.m., and 2:15 to 3:00 p.m. on school days. 5 -22 -85 By general consent the matter was referred to Lt. Wells for investigation and report. 10.E. Installation of Restricted Parking Signs at City Expense - Los Angeles Avenue between Buttercreek Road and Maureen Lane The City Manager presented and reviewed his report dated May 15, 1985, and following discussion, the matter was continued to the next meeting with staff instructed to report regarding the painting of a red curb vs. marking with "No Parking" signs. Staff was also instructed to prepare a resolution with "NO PARKING ANY TIME" on Los Angeles Avenue between Buttercreek Road and Maureen Lane. 10.F. Plans and Specifications for Parks Maintenance - approval of Plans and Specifications and Authorize Bid Solicitation The City Manager presented his report dated May 16, 1985, and after discussion it was moved by Councilmember Yancy- Sutton, seconded by Councilmember Woolard and unanimously carried to approve the Specifica- tions and Bid Documents for Parks Maintenance, as presented by the City Manager, and authorize staff to proceed with the public bid process. 11. STAFF REPORTS - INFORMATION ITEMS 11.A. Report re Off -road Vehicles By general consent, the report from Lt. Wells, dated May 15, 1985, regarding the subject matter, was ordered received and filed. 12. CONSENT CALENDAR By general consent Item 12.B was excluded from the Consent Calendar. It was moved by Councilmember Woolard and seconded by Councilmember Yancy- Sutton that Items 12.A and 12.0 be approved, as recommended, which motion carried by the following roll call vote: AYES: Councilmembers Woolard, Yancy - Sutton, Weak, Ferguson and Mayor Prieto; NOES: None; ABSENT: None. 12.A. Approval of Warrant Register Approved Warrant Register dated May 22, 1985, listing Warrants Nos. 1414 and 1522 through 1525, and Warrants Nos. 1537 through 1567, in the total amount of $187,124.26, 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. -7- 5 -22 -85 12.C. Adjucication of Moorpark News 1. Waiver of bid requirement 2. Direction for preparation of ordinance summary 3. Policy re posting of notices Approved report of City Clerk dated May 15, 1985, and took the following actions: 1. Adopted a policy annually to waive the requirement of competitive bidding for the City's legal advertising, as required by Section 21069 of the Public Contract Code, if, by the last Council meeting in May, the City has not received notice that more than one newspaper has been adjudicated for Moorpark. 2. Directed the City Clerk to cause a summary of each ordinance to be prepared and published, both prior to and after its adoption, pursuant to the provisions of Section 36933 of the Government Code. t 3. Adopted policy that public notices no longer be posted at the three public places within the City; adopt Resolution No. 203, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA RESCINDING RESOLUTION NO. 83 -11 ADOPTED JULY 2, 1983, PERTKININT TO POSTING OF ORDINANCES, 6ERTAIN RESOLUTIONS AND NOTICES OF THE CITY, and further, that the City Clerk be instructed to continue to post all notices at the City Hall, and that only when specifically directed by law, or by special order of the City Council, the City Clerk be directed to post in other places in the City. EXCLUDED CONSENT CALENDAR ITEM 12.B. Patio Cover Policy The Director of Community Development presented and reviewed his report dated May 15, 1985, and after discussion, it was moved by Councilmember Yancy- Sutton, seconded by Councilmember Woolard and unanimously carried to adopt the patio cover policy outlined in said report. 13. FUTURE AGENDA ITEMS It was agreed that a letter of support would be forwarded to Senator Bill Campbell regarding SB 1091. The City Attorney reported that the Oral Arguments for the Pacifica case have been scheduled for Wednesday, June 19 at 10:00 a.m. 5 -22 -85 14. ADJOURNMENT There being no further business, it was moved by Councilmember Woolard, seconded by Councilmember Weak and unanimously carried to adjourn, the time being 10:50 p.m. APPROVED: Mayor Respectfully submitted, City Clerk