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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. -1- 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 -2- 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. -3- 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. -4- 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: -5- 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. -6- 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. -7- 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 -8- 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. -9- 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: -10-