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HomeMy WebLinkAboutMIN 1985 1007 CC REGMoorpark, California October 7, 1985 A regular meeting of the City Council of the City of Moorpark, California, was held on October 7, 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 7:10 p.m., Mayor Albert Prieto presiding. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Yancy- Sutton. 3. ROLL CALL PRESENT: Councilmembers Thomas Ferguson, Danny Woolard, Leta Yancy- Sutton and Mayor Albert Prieto; ABSENT: Councilmembers James D. Weak (excused). OTHER CITY OFFICIALS PRESENT: Steven Kueny, City Manager; Cheryl J. Kane, City Attorney; Richard Morton, Interim Director of Community Development; Thomas Genovese, Administrative Assistant; Diane Eaton, Associate Planner; Lt. Michael Brown, County Sheriff's Department; Dennis Delzeit, City Engineer; and Doris D. Bankus, City Clerk. 4. APPROVAL OF MINUTES It was moved by Councilmember Yancy - Sutton, seconded by Council- member Woolard and unanimously carried that the minutes of the Joint Meeting with the Planning Commission held on August 26, 1985, be approved as recorded. It was moved by Councilmember Yancy- Sutton, seconded by Council- member Ferguson and unanimously carried that the minutes of the Regular Meeting of September 3, 1985, be approved as recorded. It was moved by Councilmember Woolard, seconded by Councilmember Ferguson and unanimously carried that the minutes of the Regular Meeting of September 16, 1985, be approved as recorded. 5. PROCLAMATIONS /COMMENDATIONS /SPECIAL PRESENTATIONS :).A. Commendations The Mayor presented Resolutions of Commendation to the following person who had served on the Planning Commission of the City for the periods of time hereinafter indicated: -, - City Council Meeting October 7, 1985 1. Tom Schleve,from July 2, 1983 to August 20, 1985; 2. Jeffrey Rosen, from November 20, 1984 to September 12, 1985. Said Resolutions of Commendation were signed by all members of the Council, and Messrs. Schleve and Rosen were present for acceptance. The Resolutions of Commendation for the former members of the Mobile Home Rent Review Board were re- scheduled for presentation at the meeting of October 21, 1985. S.B. Proclamations The Mayor made the following Proclamations: 1. Fire Prevention Week - October 6 through 12, 1985; Chief Wilson, of the County Fire Prevention District, accepted the proclamation on behalf of the District. 2. National Crime Prevention Month - October, 1985 Lt. Michael Brown, of the County Sheriff's Department, accepted the proclamation on behalf of the Sheriff. 3. World Hunger Awareness Week - October 14 - 20, 1985. NON - AGENDA ITEM - APPOINTMENTS TO FILL COMMISSION VACANCIES Mayor Prieto at this time read a communication dated October. 7, 1c85, from Councilmember James Weak, placing in nomination the names of two persons to fill vacancies recently created on both the Planning Commission and the Parks and Recreation Commission, i.e.: To the Planning Commission: James Keenan To the Parks and Recreation Commission : Michael Wilson. It was moved by Councilmember Ferguson, seconded by Councilmember Yancy- Sutton and unanimously carried to approve the appointment of James Keenan to the Planning Commission, to fill the vacancy created by the resignation of Jeffrey Rosen from said Commission. The City Clerk then administered the Oath of Office to Mr. Keenan, who was in attendance. It was then moved by Councilmember Yancy - Sutton, seconded by Councilmember Ferguson and unanimously carried to approve the appoint- ment of Michael Wilson to the Parks and Recreation Commission, to fill the vacancy created by the resignation of Mike McElligott from said Commission. The City Clerk than administered the Oath of Office to Mr. Wilson, who was in attendance. -2- City Council Meeting October 7, 1985 6. COMMENTS FROM THE PUBLIC 6.A. Glen Gessford, of Carlsberg Corporation, addressed Council suggesting that Caltrans be urged to indicate the destination of Moorpark on the signs on Highway #101 (Ventura Freeway) which designated Highway #23 turn -off. Councilmember Yancy- Sutton responded, stating that such attempts had been made repeatedly for many years; that Caltran's position is that Fillmore is the destination of Highway #23; and that, due to her efforts, Caltrans did place a sign on Highway #101 which indicates a Moorpark turn -off. 6.B. Robert A. Felburg, 13697 Christian Barrett Drive, Moorpark, addressed Council regarding some safety and aesthetic wall conditions and concerns in the area of the City in which he resides. He distributed copies of the letter addressed to the Council from which he had read, and by general consent the matter was referred to the City Manager for investigation and report. 6.C. John Galloway, 338 Sierra, Moorpark, addressed Council as a representative of the Ventura County Arts Commission, announcing the Commission would be meeting at the Melodrama Theatre, in Moorpark, on October 9 at 4:00 p.m., and inviting attendance. NON- AGENDA ITEM It was moved by Councilmember Yancy- Sutton, seconded by Councilmember Ferguson and unanimously carried that, due to the full agenda and the expected length of time it would take on some items, there be no new items considered after 11:00 p.m., and that those items not considered at this meeting be considered at an adjourned meeting, the time of which would be determined later. By general consent, Item 8.E was considered at this time. B.E. Resolution Adopting Rules of Procedure re Mobilehome Park Rent Increases The-City Manager presented and reviewed proposed resolution approving administrative rules and application documents for mobilehome park rent increases. There was discussion between the City Manager, the City Attorney and members of the Council, after which the following persons addressed Council in opposition to the proposed resolution: Joe Intiso, Villa Del 15750 Los Angeles Victor Richard, Villa 15750 Los Angeles Arroyo Mobilehome Park, Avenue, Moorpark Del Arroyo Mobilehome Park, Avenue, Moorpark. -3- City Council Meeting October 7, 1985 The City Attorney responded regarding the constitutionality of the mobilehome park rent control ordinance which had been adopted previously by the Council, and also the need for administrative regulations, after which she presented Resolution No. 85 -231, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ESTABLISHING ADMINISTRATIVE RULES GOVERNING RENT INCREASE APPLICATIONS AND SUPPORTING DOCUMENTS OR EVIDENCE SUBMITTED TO THE BOARD FOR RENT INCREASES UNDER CIIAPTER 4 OF TITLE 5 OF THE MOORPARK MUNICIPAL CODE. It was moved by Councilmember Yancy- Sutton that Paragraph No. 6 be deleted from Section 5 of the proposed Resolution No. 85 -231, and that said Resolution No. 85 -231, as so modified, be adopted, which motion was seconded by Councilmember Woolard and carried by the following roll call vote: AYES: Councilmembers Yancy - Sutton, Woolard, Ferguson and Mayor Prieto; NOES: None; ABSENT: Councilmember Weak. RECESS The Mayor declared a recess, the time being 8:20 p.m. The meeting reconvened at 8:40 p.m., all members of the Council being present with the exception of Councilmember Weak, who was excused. By general consent Item 8.I was considered at this time. 8.I. Resolution Authorizing Mayor to Execute Community Development Block Grant Agreement The City Manager gave a brief report regarding the status of the Community Development Block Grant matter, and the following person addressed Council in support: Karen Flock, Cabrillo Economic Development Corporation, 11011 Azahar Street, Saticoy The City Attorney then presented Resolution No. 85 -232, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE THE CDBG GRANT AGREEMENT AND SUBSEQUENT DOCUMENTS RELATED THERETO ON BEHALF OF THE CITY Councilmember Yancy- Sutton stated that she would not vote in favor of the adoption of the resolution because the General Plan Amendment necessary for the project has not_ been processed and approved. -4- City Council Meeting Octobc =r 7, 1985 It was moved by Councilmember Ferguson and seconded by Councilmember Woolard that said Resolution No. 85 -232, entitled as above set forth, be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Furgeson, Woolard and Mayor Prieto; NOES: Councilmember Yancy- Sutton; ABSENT: Councilmeber Weak. By general consent item 10.B was considered at this time. 10.B. Senior Center Bond Act Grant The City Manager presented and reviewed his report dated October 2, 1985, and after a brief discussion, it was moved by Councilmember Yancy - Sutton, seconded by Councilmember Woolard and unanimously carried that the City Council direct the Ad Hoc Senior Citizens Center Committee to evaluate whether or not an appeal should be filed regarding the grant award recommended by the County Area Agency on Aging for the construction of a Senior Citizens Center, and to report back to the City Council at the meeting of October 21, 1985. By general consent the regular order of the agenda was then followed. 7. HEARINGS 7.A. Development Plan Permit No. DP -317 (West America Construction) Request for approval to construct a 53,182 square foot industrial building to include 47,542 square feet of manu- facturing warehouse area and 5,100 square feet of office space. No specific tenant identified. Located at ther northeast corner of Commerice and Poindexter Avenue. The Associate Planner gave an overview of the project and answered questions posed by members of the Council. By general consent the report of the Associate Planner, dated October 7, 1985, was received and filed. 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 publication of Notice of Hearing in the Moorpark News on August 24 and 28, 1985, and again on October 3, 1985. The Mayor declared the public hearing open, and, as there were no persons desiring to give testimony, either for or against said project, the hearing was declared closed. -5- City Council Meeting October 7, 1985 It was then moved by Councilmember Yancy- Sutton, seconded by Councilmember Woolard and unanimously carried that the Council finds that the project will not have a significant effect on the environment, and that the Council has reviewed and considered the information contained in the Negative Declaration and approves the Negative Declaration as having been completed in compliance with CEQA and the State CEQA Guidelines issued thereunder. It was then moved by Councilmember Yancy- Sutton and seconded by Councilmember Ferguson that the Council does adopt the findings as proposed by the Planning Commission, and does approve DP -317 subject to all the conditions recommended by the Planning Commission, with the except that provision for a handicap ramp at the northeast corner of Commerce and Poindexter be added to Condition No. 32; and that the resolution of approval be brought back to Council for adoption at the next regular meeting. Motion carried by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Ferguson, Woolard, and Mayor Prieto; NOES: None; ABSENT: Councilmember Weak. 7.B. Planned Community No. PC -3 - Mayor Modification (Urban West) Applicant proposes to modify the PC -3 Master /Specific Plan. Location: West of the Peach Hill neighborhood, South of the Arroyo Simi, east of the Home Acres Community and north of Rancho Santa Rosa The Mayor announced that this was a public hearing and the City Clerk presented the following documents, which were received and filed by general consent: 1. Affidavit of publication of Notice of Hearing in the Moorpark News on September 11, 1985; 2. Affidavit of Mailing notice of Hearing to all property owners within 300 foot radius of the subject property, such notice having been mailed on September 9, 1985. Randall Richardson, of the County Planning Division, gave an over- view of the proposal of the applicant, and it was agreed, by general consent, to discuss the proposed park first. Tom Zanic, of Urban West (Applicant) addressed Council, reviewing the project as originally proposed and the proposed modific,ttlio:h. He distributed a document dated October 7, 1985, in which the applicant expressed agreement with the recommendations of the Parks and Recreation Commission from its meeting of October 2, 198`-, with certain exceptions, which exceptions were outlined in said conu"nh.n.ica- tion. W City Council P-Meetinq October 7, 1985 Urban 1:cc'i'i" i.iC, , f Ur ban West Communities ` Cn addressed Council regard.i.ny the decision for maintenance of a tention basin the park, and discussion ensued between members of the Council, the City Manager, Mr. Richardson and Mr. MCCelland, regarding the subject. The subject of access roads to the park was then addressed, and alternatives discussed. Dan Rasey, Chairman of the Parks and Recreation Commission, then addressed Council explaining the recommendations of said Commission, as contained in the report of the City Manager, dated October 4, 1985. The Mayor then declared the public hearing open and the following persons addressed Council: Tom Thompson, 12623 Hillside Drive, Moorpark President of Tierra Rejada Neighborhood Council #4; Spoke in support of PC -3 and in opposition to Alternate A access road to the park. Mike Slater, Superintendent of Moorpark Unified School District Spoke in opposition to Alternate A access road to the park. There being no further public testiomony regarding the parksite proposal, ti:r' Mayer declared that portion of the f.ut: _ hearing closed. After further discussion between members of the Cc,url.ca 1 -.r-,d staff, it was moved by Councilmember Yancy- Sutton, seconded ray Councilmember Woolard and unanimously carried that Option B access road be approved, and that staff and developer confer and formulate an agreement for the construction of a raod from Tierra Rejada Road to the park, which would run parallel with and south of the arroyo; also that stub -in utility line services be provided to the Community Park and all 3 Village Parks; staff to report back to the Council within one month regarding the access road. Discussion then ensued regarding West Village Park, after which it was moved by Councilmember Yancy- Sutton, seconded by Councilmember Woolard and unanimously carried that the City will continue with the linear park and retention basin concept, and that the linear park portion of the West Village Park area be included in the City -wide maintenance assessment district on a zone assessment basis to be funded by propert} owners within PC -3. It was then m :�. cad by Councilmember Yancy - Sutton, seconded by Councilmember rz�rguson and unanimously carried that thc, balance of the recommendations of the Parks and Recreation CUMMiSSLOn, as out- lined in the report of the City Manager dated October 4, 1985, be approved. The Council then considered the balance of the Major Modification Application of PC -3, and the City Manager gave an overview of the proposed changes. -7- City Council Meeting October 7, 1985 Mr. Zanic continued his presentation of the proposed modifications, speaking on behalf of the applicant. There was discussion regarding the construction of the proposed bridge and other improvements along Tierra Rejada Road, and Mr. McClelland, of Urban West, addressed Council regarding proposed scheduling of the bridge construction. lie then requested that Council approve the PC modification as recommended by the Planning Commission, with inclusion of all maps and reports necessary, and also recommended that Council approve the proposed designation of a fire station site, and that in the event the County Fire Protection District does not accept such desig- nation, that the site be designated as a commercial site. Councilmember Yancy- Sutton suggested that the Density "C" and the Density "D" residential areas in the West Village be reversed. The City Manager recommended that there be no change in the condition regarding the construction of the bridge, but that that subject be addressed with the Development Agreement now under preparation. The Mayor then opened this portion of the proposal to public testimony, and the following person addressed Council: Mr. Tom Thompson, President of Tierra Rejada Neighborhood Council #4; spoke in favor of the Major Modification and expressed desire to the see the bridge built as quickly as possible with four lanes on Tierra Rejada Road. There being no further public testimony to be heard, the Mayor declared the hearing closed. It was then moved by Councilmember Yancy- Sutton and seconded by Councilmember Woolard that the Council does find that the environ- mental effects discussed in the EIR prepared for Planned Community No. 3 and the environmental effects of the revised Planned Community 3 Master /Specific Plan are similar enough to warrant the same treatment in an EIR, and does certify that the Planned Community No. 3 EIR adequately covers the impacts of these projects, and, pur- suant to Section 15162 of the State CEQA Guidelines, that this Council has reviewed and considered the information contained therein and endorses the reasons which have been given in the staff report on file, dated October 7, 1985, for allowing the occurrence of the sig- nificant cumulative impacts identified in the EIR that was earlier prepared for Planned Community No. 3, which motion carried unanimously. It was then moved by Councilmember Yancy - Sutton and seconded by Councilmember Woolard that the Major Modification to Planned Community No. 3 Master /Specific Plans be approved, with the following additional provisions: That the bridge construction and four -lane City Council Meeting October 7, 1985 construction of Tierra Rejada Road be retained as previously pro- posed, at 1,231 units; that Density "C" and Density "D" residential areas be reversed; and that if the Fire Protection District does not approve the designated fire station site, that it then be designated as commercial; to be included in the text of the Development Program. Said motion carried by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Woolard and Mayor Prieto; NOES: Councilmember Ferguson; ABSENT: Councilmember Weak. 7.C. Tract 4001; RPD -1029; ZC -2731 (Urban West Communities) Applicant proposes to subdivide a 40 acre parcel into 88 lots (84 homesites, neighborhood recreation lot, elementary school site, park site, and an 8 acre site reserved for future high density residential development). Located South of and adjacent to Walnut Creek Road, west of Mountain Meadow Drive, and northeast of Tierra Rejada Road. An overview of the subject applications was presented by Randall Richardson, of the County Planning Division, and after some discussion the Mayor declared the public hearing opened. The City Clerk presented the following documents, which were received and filed by general consent: 1. Affidavit of publication of Notice of Hearing in the Moorpark News on September 11, 1985; 2. Affidavit of Mailing Notice of Hearing to all property owners within 300 foot radius of subject property, such notice having been mailed on September 9, 1985. The following person then addressed Council in support of the proposals: Mr. Tom Zanic, on behalf of the applicant, Urban West There being no further public testimony, the hearing was declared closed. It was then moved by Councilmember Yancy- Sutton, seconded by Council- member Woolard and unanimously carried that the Council does find that the environmental effects discussed in the EIR prepared for Planned Community No. 3 and the environmental effects of the proposed projects are similar enough to warrant the same treatment in an EIR, and does certify that the Planned Community No. 3 EIR adequately covers the impacts of the proposed projects and, pursuant to Section 15162 of the State CEQA Guidelines, that the Council has reviewed and considered the information contained therein and endorses the reasons which have been given in the staff report on file, dated October 7, 1985, for al.lowIng the occurence of the significant cumulative impacts identified in Lhe CLOM City Council Meeting October 7, 1985 EIR that was earlier prepared for Planned Community No. 3. It was then moved by Councilmember Yancy- Sutton, seconded by Council- member Woolard and unanimously carried that Council does adopt the proposed findings and approves Zone Change No. Z -2731; does adopt the proposed findings and approves Tentative Tract No. TR -4001 subject to the proposed conditions; and does adopt the proposed findings and approves Planned Development Permit No. PD -1029 subject to proposed conditions, with the exception that Conditions No. 12 and 14 be eliminated and that in their stead be a condition requiring an unconditional "will serve" letter from Waterworks District No. 1 prior to issuance of a zone clearance; and further, that the necessary ordinance for the zone change and resolutions for the tentative tract and the residential planned development permit be prepared and brought back to Council for consideration at a future meeting. ADJOURMENT It was moved by Councilmember Yancy - Sutton, seconded by Council- member Woolard and unanimously carried to adjourned to a Personnel Session, the time being 12:25 a.m. The meeting was reconvened at 12:50 a.m, and the City Attorney announced that one item of potential litigation was discussed, and no decisions reached. It was then moved by Councilmember Yancy - Sutton, seconded by Council- member Wollard and unanimously carried that the meeting adjourn to Monday, October 14, 1985, at 7:00 p.m. for consideration of the balance of the items on the Agenda for this meeting. Time of adjournment was 12:51 a.m. APPROVED: Mayor Respectfully submitted, -101- City Clerk