HomeMy WebLinkAboutMIN 1985 1118 CC REG Moorpark, California
November 18, 1985
The regular meeting of the City Council of the City of Moorpark,
California, was held on November 18, 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
presideint.
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Thomas A. 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. Mike Brown, County Sheriff' s Department; Dennis Delzeit,
City Engineer, Richard Morton, Interim Director of Community
Development; Thomas Genovese, Administrative Assistant; and
Doris D. Bankus, City Clerk.
4. REORGANIZATION OF THE CITY COUNCIL
Mayor Prieto announced that the first order of business would be
the reorganization of the City Council, but that first, he would like
to express his appreciation for having been given an opportunity to
serve as Mayor of the City, stating that it had been a rewarding
experience.
4.A. Nomination and Selection of Mayor
Mayor Prieto then declared the nominations open for Mayor. Council-
member Yancy-Sutton nominated Councilmember Weak to the office of Mayor,
which nomination was seconded by Councilmember Wooldard.
It was then moved by Councilmember Ferguson and seconded by Council-
member Woolard that nominations be closed and Councilmember Weak
elected to the position of Mayor, which motion carried by the following
roll call vote:
AYES: Councilmembers Yancy-Sutton, Woolard, Ferguson,
Weak and Prieto;
NOES: None;
ABSENT: None.
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City Council Meeting
November 18, 1985
The gavel was then handed to Mayor Weak, who thereafter presided
over the meeting.
4.B. Nomination and Selection of Mayor Pro Tempore
Mayor Weak then stated that the next order of business would be the
selection of a Mayor Pro Tem, and Councilmember Woolard nominated
Councilmember Ferguson for the position, which nomination was seconded
by Councilmember Yancy-Sutton.
Councilmember Yancy-Sutton then moved that nomination be closed and
that Councilmember Ferguson be elected to the position of Mayor Pro
Tem. Motion carried by the following roll call vote:
AYES: Councilmembers Woolard, Yanch-Sutton, Ferguson,
Prieto and Mayor Weak;
NOES: None;
ABSENT: None.
Mayor Weak then thanked the members of the Council for giving him the
opportunity to serve as Mayor of the City, stating that it was an
honor and he thanked Councilmember Prieto for the fine job he had done
as Mayor, stating that he had two good examples to follow--first,
Councilmember Yancy-Sutton and secondly, Councilmember Prieto.
Councilmember Ferguson then expressed his appreciation for having
been elected to the post of Mayor Pro Tem, stating that he was honored
and that he was willing to assist the Mayor in any way he could. He
also congratulated Mayor Weak.
Councilmember Yancy-Sutton then commended Councilmember Prieto for the
fine job he had done as Mayor, and then congratulated Mayor Weak and
promised her support.
Councilmember Woolard also expressed appreciation to Councilmember
Prieto, and congratulated Mayor Weak, stating that he felt this was
going to be a good year and that a lot would be accomplished.
RECESS
Mayor Weak then declared a recess, the time being 7: 10 p.m.
The meeting reconvened at 7: 20 p.m. , all members of the Council being
present.
5. PROCLAMATIONS/COMMENDATIONS/SPECIAL PRESENTATIONS
5.A. Resolution of Commendation to Charles Schwabauer for
Service as Member of Moorpark Unified School District Board
The Mayor read and presented to Charles Schwabauer, who was in
attendance, a Resolution of Commendation for his service on the
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City Council Meeting
November 18, 1985
Board of the Moorpark Unified School District. Mr. Schwabauer
accepted the Resolution and expressed his appreciation, stating
that he had been in the community for approximately 20 years and
had enjoyed serving because of the people, stating also that he
would continue to support the community in any way he could.
6. COMMENTS FROM THE PUBLIC
6.A. Anna Bell Sessler, 6061 Gabbert Road, Moorpark, addressed
Council in regard to Item 10G, and urging support of the filing of
the appeal to the State regarding the grant which had been applied
for for a Senior citizens Center. She also announced that they were
moving to a different location on High Street, which is about three
times the size of the present facility, and at the same monthly rent.
6.B. Paula Schwem, 15750 Los Angeles Avenue, #123, Moorpark,
representing the Villa Del Arroyo Homeowners Association, presenting
and explaining her letter dated November 18, 1985, which had been
presented to the City Council and the City Manager, in which it was
stated that the park residents would not protest the recent rent
increase notice which they had received.
6.C. Bill LaPerch, 7200 Walnut Canyon Road, Moorpark, addressed
Council regarding the issuance of multi-family mortgage revenue bonds,
urging Council to consider carefully any action they might take in this
regard.
7. HEARINGS
7.A. Amendment to Zoning Code to Provide for a 15-Day Appeal Period
The City Attorney presented Ordinance No. 57, entitled:
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
AMENDING ARTICLES 43 AND 44 OF CHAPTER 1 (ZONING)
OF DIVISION 8 (PLANNING AND DEVELOPMENT) OF THE
VENTURA COUNTY ORDINANCE CODE, ADOPTED BY THE MOOR-
PARK CITY COUNCIL ON SEPTEMBER 21, 1983, IN VARIOUS
PARTICULARS TO PROVIDE FOR A 15-DAY INSTEAD OF A
10-DAY APPEAL PERIOD OF DECISIONS OF THE PLANNING
COMMISSION AND/OR PLANNING DIRECTOR OF SAID CITY.
It was moved by Councilmember Woolard, seconded by Councilmember
Prieto and unanimously carried to waive further reading and declare
the ordinance read for the first time.
It was then moved by Councilmember Yancy-Sutton, seconded by
Councilmember Ferguson, and unanimously carried that said ordinance
be introduced.
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City Council Meeting
November 18, 1985
7.B. Proposed Issuance of Multi-Family Revenue Bonds --
Moorpark LeClub, Limited (Palmer)
The City Manager presented and reviewed his report dated November 14 ,
1985, regarding the proposed issuance of multi-family revenue bonds
for the rental housing development proposed to be constructed by
G. H. Palmer Associates at the southeast corner of Moorpark and
Los Angeles Avenues, and stating that this public hearing was a
requirement of Section 103 (k) (2) of the Internal Revenue Code .
The City Clerk then presented affidavits of publication of notice of
this hearing, (1) in the Moorpark News on November 6, 1985, and in
The Enterprise on November 4, 1985. The Affidavits were ordered
received and filed by general consent.
The Mayor then declared the hearing open, and the following persons
addressed Council regarding the subject matter:
Bill LaPerch, 7200 Walnut Canyon Road, Moorpark, expressing
concern regarding City' s responsibility in event of a
financial failure; also advised no action pending
completion of the City' s Housing Element.
Pamela Wiget, of Stone and Youngberg, underwriters for the
issue, explaining definition of "low income" and also
assuring Council there would be no responsibility on
the part of the City should there be a financial failure,
and that the bonds will state specifically on the face
that the City has no responsibility.
Bill Waltham, of Orrick, Herrington and Sutcliffe, Bond
Counsel for the bond issue.
Dick Cory, of Citibank, N.A. , New York, New York, Trustee.
There being no further testimony to be heard, the hearing was declared
closed.
It was then moved by Councilmember Yancy-Sutton and seconded by
Councilmember Woolard that Resolution No. 85-252, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, CONCERNING THE PROPOSED ISSUANCE OF MULTI-
FAMILY REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $25, 000, 000
FOR THE PURPOSE OF MAKING A LOAN TO MOORPARK LE CLUB, LIMITED
be adopted, which motion carried by the following roll call vote:
AYES: Councilmembers Yancy-Sutton, Woolard, Ferguson,
Prieto and Mayor Weak;
NOES: None;
ABSENT: None.
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City Council Meeting
November 18, 1985
Mayor Weak then appointed Councilmembers Yancy-Sutton and Prieto to
an ad hoc committee to study and report back on implementing the low
and moderate income requirement for a portion of the units in the
project to satisfy the Roos density bonus plan, as well as the
multi-family bond financing requirement.
8. ORDINANCES/RESOLUTIONS
8.A. Ordinance No. 56, Approving Zone Change No. Z-2805 -
(U. S. Condominium) - for adoption
The City ,Attorney presented Ordinance No. 56, entitled:
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
APPROVING ZONE CHANGE NO. Z-2805, ON APPLICATION OF
U. S. CONDOMINIUM CORPORATION
It was moved by Councilmember Prieto, seconded by Councilmember Woolard
and unanimously to waive further reading and declare the ordinance read
for the second time.
It was then moved by Councilmember Prieto and seconded by Councilmember
Ferguson that said Ordinance No. 56, entitled as above set forth, be
adopted, which motion carried by the following roll call vote:
AYES: Councilmembers Prieto, Ferguson, Woolard,
Yancy-Sutton and Mayor Weak;
NOES: None;
ABSENT: None.
8.B. Ordinance re Development Agreements
By general consent this item was continued to- the next meeting.
8.C. Resolution Approving Cooperative Agreement Revisions
re Community Development Block Grant (CDBG)
The City Manager presented his report dated November 13, 1985, and
after discussion it was moved by Councilmember Prieto, seconded by
Councilmember Ferguson and unanimously carried to rescind approval
of the Agreement entitled: "COOPERATION AGREEMENT COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM", approved by the City Council on
August 5, 1985.
It was then moved by Councilmember Prieto and seconded by Council-
member Woolard that Resolution No. 85-253, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING THE "COOPERATION
AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM" WITH THE COUNTY OF VENTURA
be adopted, which motion carried by the following roll call vote:
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City Council Meeting
November 18, 1985
AYES: Councilmembers Prieto, Woolard, Ferguson,
Yancy-Sutton and Mayor Weak;
NOES: None; '
ABSENT: None.
8.D. Resolution Amending Resolution No. 85-204, re Dwelling
Unit Occupancies for Residential Planned Development No. PD-851
The City Manager stated that he had conferred with Mr. Hedberg, of
Pacifica Corporation regarding the proposed modification of Condition
No. 19 of the PD-851 approval, and that it had been agreed to allow
200 occupancies upon approval by the City of the park improvement
agreement. Discussion followed concerning the date of the opening of
the park, and the City Manager stated there was an approximate date
of June, 1986. By general agreement the matter was continued to the
next regular meeting for preparation of the appropriate resolution, to
appear on the Consent Calendar for adoption.
8.E. Resolution Initiating Proceedings to Consider Amending
Zoning Ordinance to Provide for De Novo Hearings on Appeals
It was moved by Councilmember Yancy-Sutton and seconded by Council-
member Ferguson that Resolution No. 85-254, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA INITIATING PROCEEDINGS TO CONSIDER
AMENDING THE ZONING ORDINANCE TO PROVIDE FOR DE NOVO
HEARINGS ON APPEALS
be adopted, which motion carried by the following roll call vote;
AYES: Councilmembers Yancy-Sutton, Ferguson, Woolard,
Prieto and Mayor Weak;
NOES : None;
ABSENT: None.
8.F. Resolution re Establishment of Stop Signs at Various Locations
Councilmember Yancy-Sutton suggested that Section 2 of the proposed
resolution be revised to provide that the City Engineer be directed
to coordinate the installation and maintenance of the stop signs,
and with that change, she moved adoption of Resolution No. 85-255,
entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, AUTHORIZING THE PLACEMENT AND MAINTENANCE OF
STOP SIGNS AT CERTAIN LOCATIONS WITHIN THE CITY
Said motion was seconded by Councilmember Woolard and carried by the
following roll call vote:
AYES : Councilmembers Yancy-Sutton, Woolard, Ferguson,
Prieto and Mayor Weak;
NOES : None;
ABSENT: None.
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City Council Meeting
November 18 , 1985
9 . COMMENTS FROM COUNCILMEMBERS
9.A. Councilmember Yancy-Sutton requested that the City Engineer
and Lt. Brown study and report back regarding a request she had
received from the residents of the Angeles Mobilehome Park on
Los Angeles Avenue for a left turn lane into the park.
9.B. Councilmember Yancy-Sutton requested a report from Lt.
Brown regarding a Neighborhood Watch Program, as suggested by
Mike Robinson, of the College Park Neighborhood Council.
9 .C. Councilmember Yancy-Sutton requested the City Attorney to
review AB 2297, regarding enabling legislation for mortgage credit
certificates, and to report back to Council.
9.D. Councilmember Woolard expressed concern over the recent
accident on Highway #118 at Princeton, and requested information
regarding scheduling of the traffic signal at Princeton. The City
Manager responded that the City Engineer would be making a report
on Highway #118 alignment east of Moorpark Road at the next meeting.
The City Engineer responded that it is anticipated the signal
installation at Princeton will occur in about 12 months.
9.E. Councilmember Prieto stated he had attended a VCAG ,meeting
on Thursday, and that discussion was had regarding the time schedule
for #118 as published by Caltrans, with the draft EIR in June of
1986, and the Final EIR in June of 1987.
9.F. Councilmember Prieto stated that discussion was also had
regarding consideration by Simi Valley to close Madera to truck
traffic. The Director of Community Development stated that a report
had been presented to Council previously regarding the matter, that
pursuant to Council instructions, he had informed Simi Valley the
City would be interested in participating at such time as the closing
is considered, but that no notification had been received from Simi.
9 .G. Councilmember Ferguson commented on a letter which had been
received by Tom McClintok from Caltrans regarding speed limits on
Highway #118, stating that a survey would be undertaken to determine
cause of accidents.
9.H. Mayor Weak reported on the problem of tumble weeds, inquiring
whether or not the City had a program for cleaning up vacant lots.
The City Manager reported that the City crew had been cleaning up
the public areas, and Mayor Weak mentioned particularly along the
Carlsberg property and other properties in the Peach Hill area.
9.1. Mayor Weak requested information on when the debris from the
overturned truck on Highway #118 would be cleaned up, and Lt. Brown
reported he had been informed by Caltrans they would clean it up
right away. He said he would investigate the matter.
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City Council Meeting
November 18, 1985
RECESS
The Mayor declared a recess, the time being 8: 30 p.m.
The meeting reconvened at 8: 45 p.m. , all members of the Council
being present.
10. STAFF REPORTS - RECOMMENDED ACTION ITEMS
10.A. Report of Code Enforcement Officer
The Director of Community Development presented and reviewed the
report of the Code Enforcement Officer dated Novmeber 14, 1985, and
Gary Boettcher, the Code Enforcement Officer addressed Council
regarding the contents of his report. The report was received and
filed by general consent.
10.B. Peach Hill Park Agreement
By general consent this item was continued to the next meeting.
10.C. RPD-1010 (Palmer)
The Director of Community Development presented and reviewed his
report dated November 13, 1985, and after discussion with members of
the Council, the following persons addressed Council:
Mitchell Kahn, Attorney at Law, 500 Esplanade Drive, Oxnard,
Geoff Palmer, of G. H. Palmer Associates, 11740 San Vicente Bd. ,
Suite 208, Los Angeles
Johannes Van Tilburg, 1101 Broadway, Santa Monica, Architect
After considerable discussion, it was moved by Councilmember Woolard,
seconded by Councilmember Ferguson and unanimously carried to re-
approve the project as previously approved, with the deletion of the 3
buildings to provide more open space, and the rention of the 80 foot
roadway.
RECESS
The Mayor declared a recess, the time being 10: 00 p.m.
The meeting reconvened at 10: 15 p.m. , all members of the Council
being present.
10.D. Christian Barrett road
The City Engineer presented and reviewed his report dated Novem-
ber 18, 1985, and after discussion it was moved by Councilmember
Yancy-Sutton, seconded by Councilmember Ferguson and unanimously
carried to require the developer (s) to complete the following, subject
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City Council Meeting
November 18, 1985
to City Engineer Review and approval, prior to the opening of
Christian Barrett Drive to through traffic:
1 . Pavement testing of Christian Barrett Drive;
2. Weed removal on Christian Barrett Drive;
3. Upgrading of the school zone on Christian Barrett
Drive, including sidewalk constructing and signing;
4. Constructin of the final pavement layer on
Christian Barrett Drive;
5. Completion of the Peach Hill Road extension.
10.E. Update of Tierra Rejada Road/Moorpark Road Area of
Contribution Report
The City Engineer presented and reviewed his report dated November 18,
1985, regarding the subject matter, and after discussion, the following
person addressed Council:
Tom Zanic, representing the Building Industries Association
(BIA) and Urban West Communities, requesting a continuance
of the matter to December 2.
It was moved by Councilmember Ferguson, seconded by Councilmember
Woolard and unanimously carried to continue the item to the meeting of
December 2, 1985.
By general consent, on the recommendation of the City Manager, as
contained in his report dated November 13, 1985, the City Engineer
was authorized to prepare revisions to both the Los Angeles Avenue
AOC and the Gabbert Road/Casey Road AOC for consideration by the
City Council, at an estimated cost not to exceed $2000 for preparation
of each report.
10.F. Ad Hoc Design Review Committee
By general consent this item was continued to the meeting of December 2.
10.G. Senior Center Bond Act
Thomas Genovese, the Administrative Assistant, presented and reviewed
his report dated November 13, 1985, after which it was moved by
Councilmember Yancy-Sutton, seconded by Councilmember Ferguson and
unanimously carried to direct staff to proceed with the appeal to the
California Department of Aging.
11 . STAFF REPORTS - INFORMATION ITEMS
By general consent the Quarterly Financial Report (July, August and
September of 1985) , was received and filed.
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City Council Meeting
November 18, 1985
12. CONSENT CALENDAR
It was moved by Councilmember Yancy-Sutton and seconded by Council-
member Prieto that all items on the Consent Calendar be approved as
recommended, which motion carried by the following roll call vote:
AYES: Councilmembers Yancy-Sutton, Prieto, Ferguson,
Woolard and Mayor Weak;
NOES: None;
ABSENT: None.
12.A. Approval of Warrant Register
Approved Warrant Register dated November 18, 1985, listing Warrants
Nos. 2314 through 2355, in the total amount of $61, 458. 16, 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.
12.B. Acceptance of Public Improvements and Exoneration of Bonds -
Tract No. TR-3096-3 (Marlborough)
Accepted public improvements within Tract No. Tr-3096-3, including
the streets in the City Street System for maintenance, and authorized
the City Clerk to exonerate the Performance and Payment Bonds as
outlined in report dated September 16, 1985, from the City Engineer,
and attached to Council communication dated November 14, 1985 , from
the City Manager and presented at this meeting.
13. FUTURE AGENDA ITEMS
None.
14. ADJOURNMENT
There being no further business for consideration, it was moved by
Councilmember Yancy-Sutton, seconded by Councilmember Woolard and
unanimously carried to adjourn, the time being 10:45 p.m.
Respectfully submitted,
City Clerk
APPROVED:
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