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HomeMy WebLinkAboutMIN 1985 1021 CC REGMoorpark, California October 21, 1985 A regular meeting of the City Council of the City of Moorpark, California, was held on October 21, 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 Ferguson. 3. ROLL CALL PRESENT: Councilmembers Thomas Ferguson, James D. Weak, Danny Woolard, Leta Yancy- Sutton and Mayor Albert Prieto; ABSENT: None. OTHER CITY OFFICIALS PRESENT: Steven Kueny, City Manager, Cheryl J. Kane, City Attorney, Lt. Michael Brown, County Sheriff's Department; Dennis Delzeit, City Engineer; Richard Morton, Interim Director of Community Development; Tom Genovese, Administrative Assistant; Diane Eaton, Associate Planner; and Doris D. Bankus, City Clerk. 4. APPROVAL OF MINUTES None. 5. PROCLAMATIONS /COMMENDATIONS /SPECIAL PRESENTATIONS 5.A. COMMENDATIONS The Mayor read and presented Resolutions of Commendation to Marva Dreher, Mary Horton - Wozniak, Barton Miller, Joseph Scordamaglia, Walter Todd and Jan Weaver, former members of the Mobile Home Rent Review Board. Mary Horton - Wozniak and Jan Weaver were present to accept their Resolutions of Commendation, which had been signed by all members of the City Council. 6. COMMENTS FROM THE PUBLIC None. -1- City Council Meeting October 21, 1985 7. HEARINGS 7.A. Conditional Use Permit No. CUP -4501 (Michael A. Wedemeyer) Applicant requests approval to operate an auto body repair facility in a 5,500 square foot suite of an industrial building, pursuant to Section 8141.1.4.2 (Allowable Use under Industrial Park "M -1" as a Conditional Use Permit). Located on Goldman Avenue, 300 feet north of Los Angeles Avenue, at 5090 Goldman Avenue. The Associate Planner, Diane Eaton, presented and reviewed her reports dated September 16 and October 21, 1985 regarding the subject matter. The Mayor declared the public hearing open and the City Clerk presented the following documents, which were received and filed by general consent: 1. Proof of Publication of Notice of Hearing, which was published in the Moorpark News on October 9, 1985; 2. Affidavit of Mailing Notice of Hearing to property owners within 300 foot radius of subject property, on October 7, 1985. The following person spoke in favor of the project: Michael Wedemeyer, applicant. There being no further public testimony to be heard, the Mayor declared the hearing closed. After discussion, it was moved by Councilmember Yancy- Sutton, seconded by Councilmember Weak and unanimously carried that the Council does find that the proposed project will not have a significant effect on the environment, has reviewed and considered the information contained in the Mitigated Negative Declaration and approves the Mitigated Negative Declaration on file as having been completed in compliance with the State CEQA guidelines issued thereunder. It was then moved by Councilmember Yancy - Sutton, seconded by Council - member Ferguson and unanimously carried that the Council does adopt the proposed findings and does approve Conditional Use Permit No. CUP -4503, subject to recommended conditions, with a modification of Condition No. 11 to provide that all operations are to be conducted inside the structure and that all storage of materials or parking will be prohibited on the outside of the building, except that the rear parking area may be used for parking of automobiles prior to and after painting and processing, with no over -night parking permitted. By general consent the resolution of approval was to be prepared and presented for Council consideration at a future meeting. -2- City Council Meeting October 21, 1985 7.B. Amendment to Zoning Code to Provide for a 15 -day Appeal Period The Director of Community Development gave an overview of the subject matter and the City Clerk presented the following document, which was ordered received and filed by general consent: Proof of Publication of Notice of Hearing, published in the Moorpark News on September 15, 1985. There were no persons desiring to present public testimony, and the Mayor declared the public hearing closed. There was discussion between members of the Council and staff regarding Code provisions pertaining to a quorum requirement for the filing of an appeal by Council, and by general consent this item was continued to the next meeting, to be held November 4, 1985, for clarification. 8. ORDINANCES /RESOLUTIONS 8.A. Ordinance No. 42, Authorizing Participation in the National Flood Insurance Program and Establishing Flood Plain Management Measures The City Attorney presented Ordinance No. 42, entitled: AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, ADDING TITLE 16 TO THE MOORPARK MUNICIPAL CODE, PERTAINING TO FLOOD PLAINS; AND ADDING CHAPTER 1 TO SAID TITLE 16, PERTAINING TO FLOOD DAMAGE PREVENTION. It was moved by Councilmember Weak, seconded by Councilmember Woolard and unanimously carried to waive further reading of said ordinance and declare it read for the second time. It was then moved by Councilmember Weak and seconded by Councilmember Ferguson that said Ordinance No. 42, entitled as above set forth, be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Weak, Ferguson, Woolard, Yancy - Sutton and Mayor Prieto; NOES: None; ABSENT: None. Upon inquiry from Councilmember Yancy - Sutton, the City Engineer informed Council that the provisions of Paragraph (7) of Section 16.01.030 of said Ordinance No. 42 would be added as a standard con- dition to all developments. 8.B. Ordinance No. 53, re Restricted Parking of Commercial Vehicles in Residential Areas The City Attorney presented Ordinance No. 53, entitled: -3- City Council Meeting October 21, 1985 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING SECTION 12.01.470 OF TITLE 12 OF THE MOORPARK MUNICIPAL CODE, RELATING TO COMMERCIAL VEHICLES IN RESIDENTIAL AREAS. It was moved by Councilmember Woolard, seconded by Councilmember Yancy- Sutton and unanimously carried to waive further reading of said ordinance and declare it read for the second time. It was then moved by Councilmember Woolard and seconded by Council- member Yancy- Sutton that said Ordinance No. 53, entitled as above set forth, be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Woolard, Yancy- Sutton, Ferguson, Weak and Mayor Prieto; NOES: None; ABSENT: None. 8.C. Ordinance Approving Zone Change No, Z -2731 (PC -3) (Urban West Communities) The City Attorney presented Ordinance No. 54, entitled: AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONE CHANGE NO. Z -2731, ON APPLICATION OF URBAN WEST COMMUNITIES (PC -3) It was moved by Councilmember Yancy- Sutton, seconded by Councilmember Woolard and unanimously carried to waive further reading of said Ordinance No. 54, and declare it read for the first time. It was then moved by Councilmember Yancy - Sutton, seconded by Councilmember Weak and unanimously carried that said Ordinance No, 54, entitled as above set forth, be introduced. 8.D. Ordinance Approving Zone Change No. Z -2803 (Kavlico Corporation) The City Attorney presented Ordinance No. 55, entitled: AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONE CHANGE NO. Z -2803, ON APPLICATION OF FRED KAVLI (KAVLICO CORPORATION). It was moved by Councilmember Woolard, seconded by Councilmember Weak and unanimously carried to waive further reading of said ordinance and declare it read for the first time. It was then moved by Councilmember Weak, seconded by Councilmember Woolard and unanimously carried that said Ordinance No. 55, entitled as above set forth, be introduced. -4- City Council Meeting October 21, 1985 8.E. Resolution Approving Tentative Tract No. TR -4095 and Residential Planned Development Permit No. RPD -1046 (Dan Oliver) It was moved by Councilmember Yancy- Sutton and seconded by Council - member Woolard that Resolution No. 85 -239, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING TENTATIVE TRACT NO. TR -4095 AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. RPD -1046, ON APPLICATION OF DAN OLIVER be adopted, subject to the following modifications: 1. That Condition No. 15 of the PD be modified to include 21 guest parking spaces on the site. 2. That Condition 36 be added to the PD to require satisfaction of the need for park and recreation facilities generated by the project by the payment of a fee, consistent with the formula set forth in Section 8297 -4 of the Moorpark Municipal Code. 3. That Condition 38 be added to the PD to require an unconditional will serve letter for water and sewer service from Ventura County Waterworks District No. 1 prior to issuance of a zone clearnace. 4. That Condition No. 38 of the Tract read the same as Condition No. 37 of the PD, pertaining to school district conditions. The motion to adopt the resolution carried by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Woolard, Ferguson, Weak and Mayor Prieto; NOES: None; ABSENT: None. 8.F. Resolution Approving Tentative Tract No. TR -4037 and Residential Planned Development Permit No. RPD -1044 (Carlsberg Constructin Company) It was moved by Councilmember Yancy - Sutton and seconded by Council - member Woolard that Resolution No. 85 -240, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING TENTATIVE TRACT NO. TR -4037 AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. RPD -1044, ON APPLICATION OF CARLSBERG CONSTRUCTION COMPANY -5- City Council Meeting October 21, 1985 be adopted, subject to a revision to Condition No. 24 of the RPD to provide that the landscape easement maintenance be included, at City's option in the City Assessment District No. 84 -2, with the total cost of the maintenance borne by the lot owners within Tract No. 4037, and further that Condition No. 45 be added to RPD -1044, as recommended by the Parks and Recreation Commission pertaining to the designation of Parcel A of Tract No. 4037 as a private recreation area, with the developr to provide $45,500 for improvement of public parks and recreational facilities. The motion to adopt the resolution was carried by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Woolard, Ferguson, Weak and Mayor Prieto; NOES: None; ABSENT: None. 8.G. Resolution Approving Tentative Tract No. Tr -4069 (Carlsberg Construction Company) It was moved by Councilmember Yancy- Sutton and seconded by Council- member Woolard that Resolution No. 85 -241, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING TENTATIVE TRACT NO. TR -4069 ON APPLICATION OF CARLSBERG CONSTRUCTION COMPANY be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Woolard, Ferguson, Weak and Mayor Prieto; NOES: None; ABSENT: None. 8.H. Resolution Approving Development Plan Permit No. DP -317 (West America construction Corporation) It was moved by Councilmember Yancy- Sutton and seconded by Council- member Ferguson that Resolution No. 85 -242, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING DEVELOPMENT PLAN PERMIT NO. DP -317, ON APPLICATION OF WEST AMERICA CONSTRUCTION CORPORATION 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. City Council Meeting October 21, 1985 8. 1. Resolution re Parking Restrictions on Campus Park Drive and Princeton Avenue (Rescinds Resolution No. 85-235, adopted October 14, 1985) By general consent this item was continued to the regular meeting of November 4, 1985. 8.J. Resolution Initiating Proceedings to Amend Zoning Ordinance Pertaining to Setbacks in Industrial Zones and Parking Regulations It was moved by Councilmember Weak and seconded by Councilmember Yancy-Sutton, that Resolution No. 85-243, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, INITIATING PROCEEDINGS TO CONSIDER AMENDING THE ZONING ORDINANCE PERTAINING TO SETBACKS IN INDUSTRIAL ZONES AND PARKING REGULATIONS 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. 8.K. Resolution re Parking Restrictions on Condor Drive It was moved by Councilmember Weak and seconded by Councilmember Ferguson that Resolution No. 85-244, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ESTABLISHING A "NO PARKING ANY TIME" ZONE ON CONDOR DRIVE, WITHIN SAID CITY be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Weak, Ferguson, Woolard, Yancy-Sutton and Mayor Prieto; NOES: None; ABSENT: None. It was moved by Councilmember Weak, seconded by Councilmember Ferguson and unanimously carried that staff be directed to coordinate with Litton Aero Products for installation of signs to City specifica- tions, with Litton to pay only for direct costs of installation (signs, sign hardware and posts, concrete and labor installation) . 9 . COMMENTS FROM COUNCILMEMBERS 9.A. Councilmember Weak requested a report regarding the installa- tion of parking restriction signs on Los Angeles Avenue (#118) from Buttercreek to Belltramo Road. He also requested investigation of a large truck frequently parked on the south side of Los Angeles Avenue near Tierra Rejada and Gabbert Roads, stating that it blocks the view -7- City Council Meeting October 21, 1985 for emerging traffic from Tierra Rejada Road onto Los Angeles Avenue. 9.B. Councilmember Yancy-Sutton requested that a letter of apprecia- tion be forwarded to the Ventura County Fire Protection District in recognition of outstanding service during the recent fires in Ventura County, and that a Resolution fCommendation be prepared for presentation to the Captain of the Moorpark Station at the next Council Meeting. 9.C. Councilmember Yancy-Sutton also requested a status report on progress of the audit and the City Manager reported that he anticipated having the quarterly report for presentation at the second meeting in November. RECESS The Mayor declared a recess, the time being 8: 20 p.m. The meeting was reconvened at 8: 40 p.m. , all members of the Council being present. 10. STAFF REPORTS - RECOMMENDED ACTION ITEMS 10.A. Architectural, Landscape and Sign Review Board By general consent this item was continued to the meeting of November 4, 1985 . 10.B. Section of Route to Future 118 Freeway Extension (continued from October 14, 1985) The City Engineer presented and reviewed his report dated October 7, 1985, and the following persons addressed Council regarding the subject matter: Robert J. Verlaan, 11740 San Vicente, Suite 208 Los Angeles, California, 90049, representing G. H. Palmer Associates John Galloway, 338 Sierra Avenue, Moorpark After considerable discussion, it was moved by Councilmember Yancy- Sutton, seconded by Councilmember Woolard and unanimously carried that the Gisler Avenue be deleted as a connection from Los Angeles Avenue to the possible westerly extension of the Simi Valley Freeway, and that Gisler Avenue end at Poindexter Avenue. It was then moved by Councilmember Yancy-Sutton, seconded by Councilmember Weak and unanimously carried that future study be given to a possible under/overpass across the railroad tracks in the developing industrial tracks west of the Edison substation, for a possible connection to the Simi Valley freeway when it is extended westerly; and further, that when Gisler Avenue is planned, that some thought be given to making it a meandering road. -8- City Council Meeting October 21, 1985 10.C. Peach Hill Park Agreement By general consent this item was continued to the regular meeting of November 4, 1985. 10.D. Agreement with Kavlico Corporation for Issuance of Industrial Development Bonds It was moved by Councilmember Yancy- Sutton and seconded by Council- member Weak that the Agreement between Kavlico Corporation and the City for services and functions related to the issuance and administration of industrial development bonds for construction of facilities in the City of Moorpark, be approved and that the Mayor and City Clerk be authorized to execute said agreement on behalf of the City, which motion was carried by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Weak, Ferguson, Woolard and Mayor Prieto; NOES: None; ABSENT: None. By general consent Items 10.H and 10.I were considered at this time, since they were related to Item 10.D. 10.H. Agreement for Financial Consulting Services for Proposed Issuance of Industrial Development Bonds re Kavlico It was moved by Councilmember Weak and seconded by Councilmember Woolard that the Agreement between Fieldman, Rolapp and Associates and the City for provision of financial consultant services to the City and the Moorpark Industrial Development Authority, regarding the issuance of industrial development bonds, be approved that Mayor and City Clerk authorized to executed said agreement on behalf of the City, which motion carried by the following roll call vote: AYES: Councilmembers Weak, Woolard, Ferguson, Yancy- Sutton and Mayor Prieto; NOES: None; ABSENT: None. 10.I Agreement for Bond Counsel Services re Industrial Development Bonds It was moved by Councilmember Weak and seconded by Councilmember Woolard that the agreement for Bond Counsel Services to be performed for the City for the issuance of industrial development bonds be approved and the Mayor and City Clerk authorized to execute said agreement on behalf of the City, which motion carried by the following roll call vote: AYES: Councilmembers Weak, Woolard, Ferguson and Mayor Prieto; NOES: Councilmember Yancy- Sutton; ABSENT: None. City Council Meeting October 21, 1985 Councilmember Yancy- Sutton stated that the reason for her No vote was because proposals were not solicited from other firms for the services to be performed for the issuance of the industrial development bonds. 10.E. Consideration of Downtown Area Parking In -Lieu Concept It was moved by Councilmember Yancy- Sutton, seconded by Councilmember Weak and unanimously carried that the report of the Associate Planner dated October 21, 1985, regarding the subject matter be received and filed and that staff be directed to provide additional information and refer the matter to the Planning Commission for review and report back to Council with a recommendation. 10.F. Agreements for Preparation of Elements of General Plan: 1. Noise Element 2. Safety Element It was moved by Councilmember Yancy- Sutton and seconded by Council - member Woolard that the recommedation of the Director of Community Development as set forth in his report dated October 14, 1985, be approved, that the proposal of J.J. Van Houten be accepted for the preparation of the Noise Element for the sum of $7,480.00, that the proposal of Joel Silverman be accepted for the preparation of the Safety Element for the sum of $7,162.00, and that agreements be approved for the above services and the Mayor and City Clerk authorized to execute 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: None; ABSENT: None. 10.G. Senior Citizens Bond Act Grant re Letter of Appeal The Administrative Assistant presented and outlined his report dated October 16, 1985, regarding the recommended grant award of $150,000 for the City of Moorpark for construction of a Senior Citizens Center, and after discussion, it was moved by Councilmember Yancy- Sutton, seconded by Councilmember Woolard and unanimously carried that staff proceed with the filing of an appeal of that recommendation. 11. STAFF REPORTS - INFORMATION ITEMS 11.A. Response to Letter from Robert A. Felburg re Aesthetic and Safety Concerns The City Manager presented his report dated October 18, 1985, and Lt. Brown presented his report dated October 10, 1985, both in response to communication from Robert A. Felberg, dated October 7. -10- City Council Meeting October 21, 1985 RECESS The Mayor declared a recess, the time being 9:40 p.m. The meeting was reconvened at 9:45 p.m., all members of the Council being present. Discussion continued on the matters of concern expressed by Mr. Felberg, after which Mr. Felberg, of 13697 Christian Barrett Drive, addressed Council. There was considerable discussion regarding fence construction and possible institution of a permit procedure, which would enable to City to ascertain whether or not a proposed fence would be located in the public right -of -way. By general consent, staff was instructed to research procedures and possible costs for vacating those areas of the public right -of -way along some of the streets in which fences have been constructed, and to report back at a future meeting; also to study possibility of City's furnishing standard specifications for fence construction, to assist property owners in construction of sound and safe fences and block walls, there being some concern as to the City's liability regarding fences constructed within the public right -of -way. ll.B. Letter from Moorpark Unified School District re Conditions of Overcrowding By general consent, the communication dated October 15, 1985, from the Moorpark Unified School District, transmitting the annual report regarding conditions of overcrowding, was received and filed. 12. CONSENT CALENDAR 12.A. Approval of Warrant Register It was moved by Councilmember Yancy- Sutton and seconded by Council - member Weak that the Warrant Register dated October 21, 1985, listing Warrants Nos. 2200 through 2270, in the total amount of $179,206.37 as approved by the City Manager and on file in the office of the City Clerk, be approved and the City Manager authorized to issue warrants therefor, which motion carried by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Weak, Ferguson, Woolard and Mayor Prieto; NOES: None; ABSENT: None. 12.B. Approval of Final Tract No. Tr -4069 Carlsberg Construction Company) By general consent this item was continued to the regular meeting of November 4, 1985. -11- City Council Meeting October 21, 1985 13. FUTURE AGENDA ITEMS None. 14. ADJOURNMENT There being no further business to be considered at this meeting, it was moved by Councilmember Weak, seconded by Councilmember Woolard and unanimously carried that the meeting stand adjourned, the time being 10:23 p.m. APPROVED: Mayor Respectfully submitted, -12- City Clerk