HomeMy WebLinkAboutMIN 1986 0218 CC REGMoorpark, California
February 18, 1986
A regular meeting of the City Council of the City of Moorpark, California, was
held on February 18, 1986, 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 James D. Weak presiding.
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Leta Yancy- Sutton.
3. ROLL CALL
PRESENT: Councilmembers Thomas Ferguson, Albert Prieto,
Leta Yancy- Sutton and-Mayor fames D. Weak;
ABSENT: Councilmember Danny A. Woolard (arrived at 7 :08 p.m.)
OTHER CITY OFFICIAL PRESENT:
Steven Kueny, City Manager; Cheryl J. Kane, City Attorney;
Richard Morton, Director of Community Development;
Lt. Michael Brown, County Sheriff's Department; Dennis Delzeit,
City Engineer; Thomas Genovese, Administrative Assistant;
and Doris D. Bankus, City Clerk.
4. APPROVAL OF MINUTES
It was moved by Councilmember Yancy- Sutton, seconded by Councilmember Prieto
and unanimously carried that the minutes of the regular meeting of December 2,
1985 be approved as recorded.
5. PROCLAMATIONS/ COMMENDATIONS AND SPECIAL PRESENTATIONS
None.
6. COMMENTS FROM THE PUBLIC
6.A. Dick Cameron, Litton Aero Products, addressed Council expressing concern
regarding traffic on Highway #118, particularly with Kavlico development,
stating that he had talked with CalTrans , but they move too slowly, and pledging
that Cabot, Cabot and Forbes will bear the cost for installation engineering designs.
He suggested that the most positive alternative would be a signal at the South
Condor outlet on 118. He Requested that the City consider the offer of CC &F
and proceed to install the requested signal.
It was moved by Councilmember Yan,cy- Sutton, and Council agreed by general
consent, that the City Engineer be instructed to include the signal at Condor
Drive along with the studies currently under way for the 118 widening through
the Virginia Colony area.
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6. B . Ronald Homer, 11505 Buttercreek Road, Moorpark, addressed Council
requesting consideration of installation of 3 -way stop signs and pedestrian
crosswalks at the intersection of Buttercreek Road and Pepper Mill.
6. C. Marilyn Peterson, 11539 Willowood Court, addressed Council, stating
she and other concerned citizens of the area had been working with the School
District regarding the location of a school bus stop in the area, and urging
Council support of the 3 -way stop signs and the pedestrian crosswalks.
The City Engineer and Lt. Brown both responded to the request of the speakers,
stating that they had discussed the situation and reported their analysis of the
matter: By general consent, the City Engineer and Lt. Brown were instructed
to provide a written report for the next council meeting.
6.D. Tom Thompson, 12523 Hillside Drive, Moorpark, president of Tierra Rejada
Neighborhood Council, addressed Counen in response to a recent article in a local
newspaper, written by Tom Baldwin, charging that Council is trying to . build out
the 2500 homes in Mountain Meadows prior to the voting on the growth initiative
on the ballot for the November election, and stating the support of his home-
owners' association for the development of Mountain Meadows as planned.
6.E., Pamela Castro (no address given) addressed Council regarding parks ites
in the downtown area, and specifically requesting that Council delay approval
of the Carlsberg property until the OSCAR Element of the General Plan is
adopted.
By general agreement, Items 8.B and 8.0 were considered at this time.
8. B. Ordinance re Zone Change No. Z -2801 ( Griffin Development Company)
Councilmember Yancy- Sutton disqualified herself from participation in this Item 8.B.
and also Item 8.C. because of a possible conflict of interest, the subject property
having been a source of income for her.
The City Attorney then presented Ordinance No. 63, entitled:
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
APPROVING ZONE CHANGE NO. Z -2801, ON APPLICATION OF
GRIFFIN DEVELOPMENT COMPANY.
It was moved by Councilmember Woolard, seconded by Councilmember Prieto and
unanimously carried to waive further reading of said Ordinance No. 63.
It was moved by Councilmember Prieto and seconded by Councilmember Woolard
that Ordinance No. 63, entitled as hereinabove set forth, be adopted, which
motion carried by the following roll call vote:
AYES: Councilmembers Prieto, Woolard and Mayor Weak;
NOES: None;
ABSENT: Councilmember Yancy- Sutton;
ABSTAIN: Councilmember Ferguson.
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8.C. Resolution Approving General Plan Amendment No. GPA -85 -1,
Tentative Tract No. 3963 and Residential Planned Development
Permit No. 1041 (Griffin Development Company)
The City Attorney presented Resolution No. 86 -275, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFuRNIA, AMENDING THE LAND USE ELEMENT
OF THE GENERAL PLAN OF SAID CITY BY APPROVING
GENERAL PLAN AMENDMENT NO. GPA -85 -1; APPROVING
TENTATIVE TRACT NO. TR- 3963;, AND APPROVING RESIDENTIAL
PLANNED DEVELOPMENT PERMIT NO. RPD -1041, ON APPLICATION
OF GRIFFIN DEVELOPMENT COMPANY.
Elaine Freeman, of Griffin Development Company addressed Council regarding
Condition No. 63, and requesting that it be modified to show that the information
gleaned from the directional traffic count on Los Angeles Avenue be for informa-
tion purposes only.
Councilmember Prieto expressed concern regarding the safety of the proposed
bike lane on Collins Drive, suggesting that the City Engineer approve the final
design as to the safety factor, and that the final also be brought back to the
Council for approval.
It was moved by Councilmember Woolard and seconded by Councilmember Prieto
that the foregoing amendments be incorporated into the conditions and that
Resolution No. 86 -275, entitled as hereinabove set forth and as amended, be
adopted, which motion carried by the following roll call vote:
AYES: Councilmembers Woolard, Prieto and Mayor Weak;
NOES: Councilmember Ferguson;
ABSENT: Councilmember Yancy- Sutton.
Councilmember Yancy- Sutton then returned to her seat at the bench.
7. E. General Plan Amendment No. GPA -85 -2 ( Carlsberg and Caren Components)
and Zone Change Nos. 2802 and 2806.
By general consent this item was held over to 10:30 p.m. at this meeting.
By general consent the Council then returned to the order of the Agenda.
7. HEARINGS
7.A. Conditional Use Permit No. CUP -4502 - Sun Exploration and Production
Company; Request approval to drill an exploratory oil well.
Location: Approximately 6,000 feet southwest of the intersection of
Los Angeles Avenue and College View Avenue.
Mr. Frank Wein, of Michael Brandman Associates, the City's consultant on the
project, presented his report dated January 30, 1986, and gave an overview
of the project.
The City Clerk presented the following; documents, which were ordered received
and filed by general consent:
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1. Proof of Publication of Notice of Public Hearing in the Moorpark
News on January 29, 1986;
2. Affidavit of Mailing Notice of Public Hearing to property owners
within 300 foot radius of subject property as shown on last
equalized assessment roll, mailed on February 4, 1986.
Mayor Weak and Councilmembers Woolard and Ferguson reported that they had
met with representatives of the applicant and had visited the site of the proposed
project.
The following representatives of the applicant then addressed Council in support
of the project:
Max Morgan, Right -of -Way and Claims Agent, gave a slide. presentation
Alex Nichols, Environmental Counsultant
The following persons then addressed Council expressing support for said project:
Mr. and Mrs. Girard McNulty, 15750 E. Los Angeles Avenue, #51
Bernardo M. Perez, 4237 Canario Court, Moorpark, President of
Peach Hill. Area Neighborhood Council.
Fred Tabor, 14506 Los Angeles Avenue, Moorpark.
The following persons then addressed Council in opposition to the project:
Charles Sciame, 15750 Los Angeles Avenue, Space #197
Paul Coyle, 15750 Los Angeles Avenue, Space #34
Dean H. Newman, 15750 Los Angeles Avenue, Space #120
representing College Park Neighborhood Council
Paula Schem, 15750 Los Angeles Avenue, Space #123
Ted Greene, 15354 E. Benwood Drive, Moorpark
John Galloway, 338 Sierra Avenue, Moorpark
Mr. Morgan spoke in rebuttal, again urging approval and stating there would be
very little impact on the community -- no noise, no odor, very little visibility;
and particularly, stating that the potential tax revenue of approximately 5t per
barrel would greatly benefit the City -- $100,000 to $250,000 per year, to be
shared with the County of Ventura for the active life of the lease, with no
demands on the City's infrastructure.
There was discussion regarding improvement of the road across the Arroyo for
access to the property, and a second access road from Tierra Rejada Road.
There was also discussion regarding how many truck trips a day would be
generated to carry the oil out; also the potention of installation of pipe lines.
Jim Bryant, of Sun Oil, addressed Council regarding potential revenue, reporting
that 33% of the assessment would go to the County General Fund, and the
balance to the City of Moorpark and schools and special projects. He stated that
the tax is based on the property valuation with the reserves in the ground, and
not on a recovery basis.
Councilmember Woolard stated he would like to see a study of the two access
roads mentioned and would also like to require the applicant to make a contribution
to the alternative 118/23 connection road fund, is the project is approved.
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There was some discussion regarding a seismic study, and questions regarding
reponsibility for monitoring the drilling.
There being no further discussion, the hearing was declared closed.
RECESS
The Mayor declared a recess, the time being 9:55 p.m.
The meeting reconvened at 10:12 p.m., all members of the Council being present.
Discussion ensued regarding information requested by members of the Council,
as follows:
An estunate of how many truck trips per day over a period of
how many years if oil is found;
Revenue to other cities from oil companies;
Equitable monitoring plan during 30 -day drilling and test period,
to make certain it complies with all County standards;
An equitable revenue to the City during the drilling phase;
Possibility of an agreement that if oil is found and the applicant
comes to the City for more permits, that they would be
give the City towards road maintenance and something
over and above the 5$ per barrel assessment for
alleviation of traffic concerns;
Investigate process of other Cities.
It was then moved by Councilmember Yancy- Sutton, seconded by Councilmember
Woolard and unanimously carried that the public hearing be reopened and
continued to the regular meeting of April 7, 1986.
7. B. Moratorium on RPD- 15 Zoned Property
The Director of Community Development presented and reviewed his report dated
February 18, 1986, and the City Clerk presented the Affidavit of Publication
of Notice of this Hearing in the Moorpark News on January 29, 1986.
The Mayor then declared the hearing opened and the following persons addressed
Council regarding the matter:
Rusty Beeler, Westoaks Development, 1458 Norwich, Thousand Oaks,
in support of staff recommendation;
Mitchel B. Kahn, 500 Esplanade Drive, Oxnard, Attorney for
G. H. Palmer & Associates, in support of staff recommendation;
Louise Rice- Lawson, of the Building Industries Association,
601 Daily Drive, Camarillo, in support of staff recommendation;
John Galloway, 338 Sierra, Moorpark, uncommitted, but requested
information regarding handling of Item 10.A.2 on the agenda.
There being no further testimony to be presented, the Mayor declared the
hearing closed.
After Council discussion, it was moved by Councilmember Yancy- Sutton, seconded
by Councilmember Woolard and unanimously carried to approve the recommendation
of staff to allow the moratorium to expire, and to initiate action to consider a
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change to the Land Use Element and to the zoning ordinance to make more
explicit the provision that the "maximum average" density can be obtained
only under ideal conditions (to be defined) and that the density averaging,
while still maintaining individual lots, may be considered in the "Rural" zoning
classifications; and further, that the resolution initiating such proceedings be
placed on the next agenda for consideration by the City Council.
CONTINUANCE OF SCHEDULED HEARINGS
It was moved by Councilmember Yancy- Sutton, seconded by Councilmember
Woolard and unanimously carried that Items 7.C, 7.D, and 7.E be continued
to an adjourned meeting to be held February 24, 1986, at 7:00 p.m.
RECESS
The Mayor declared a recess, the time being 11:15 p.m.
The meeting reconvened at 11:30 p.m., all members of the Council being present.
ORDINANCES/ RESOLUTIONS
Items 8.13 and 8.0 were handled earlier in the meeting.
By general consent, Items 8.A, 8. D, 8.E and 8.F were continued to the adjourned
meeting to be held February 24, 1986, at 7: 00 p. m.
8. G. Resolution re Decision Making Process for Permit Approvals.
The Director of Community Development presented and reviewed his report dated
February 18, 1986, and after discussion, it was moved by Councilmember
Yancy- Sutton and seconded by Councilmember Woolard that the proposed
resolution be changed in the following respects:
1. Paragraph (a) of Section 6 to read -
"General Plan adoption - City Council"
2. Paragraph (h) of Section 6 to read -
"Administrative Clearance - Director of Community Development"
and that said Resolution No. 86 -276, amended as above set forth, and entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, DIRECTING THAT CERTAIN
PERMIT APPROVAL PROCESSES BE PERFORMED BY CERTAIN
CITY OFFICIALS, AND THE REPEALING OF ALL RESOLUTIONS
IN CONFLICT THEREWITH.
Said motion carried by the following roll call vote:
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AYES: Councilmembers Yancy- Sutton, Woolard, Ferguson,
Prieto and Mayor Weak;
NOES: None;
ABSENT: None.
9. COMMENTS FROM COUNCILMEMBERS
9.A. Councilmember Prieto requested that staff arrange a joint meeting with
the School Board to discuss various items of mutual concern, which request
was approved unanimously, with the suggestion that the meeting be held on a
Monday evening.
9.B. Councilmember Prieto inquired of the City Engineer regarding erosion
control measures at the site of the Kavlico grading, stating that his observation
had revealed no measures taken and that there has been a lot of erosion into
the arroyo due to the heavy rains.
The City Engineer responded that it was a standard condition, but that he would
check on the matter and report back.
9. C. Councilmember Ferguson urged Council approval of the Neighborhood
Councils, and making an advisory board of them. The City Manager responded
that he would survey the other 9 cities in the County and would report back as
to whether or not they use the concept, and if so, how they use them.
9.D. Councilmember Yancy- Sutton suggested that the first City Plaque be
presented to Mr. Bill Mitchell, who designed the City Seal.
9. E. Councilmember Woolard requested an investigation and report on the fees
charged to the City for the use of the school facilities.
9.F. Mayor Weak requested a report on the erosion of the hillside behind the
new community park in Mountain Meadows.
9.G. Mayor Weak reported a violation of a condition in the Pardee tract where
the trucks were using Christian Barrett Drive, and driving very fast in front
of the school, stating that he had reported the violation to the Community
Development Director, who had taken care of the matter. He then requested that
staff study and report back on the possibility of emposing a condition that
any developer building a project who violates a condition of the project be
penalized. Said request was approved by general consent.
10. STAFF REPORTS - RECOMMENDED ACTION ITEMS
10.A. Moorpark Central Neighborhood Council Communications
1. Re Parks and Supplemental Report re Origin of Quimby Funds
by Area
2. Re General Plan Amendments and Zone Changes
10.A.1. The City Manager presented and reviewed his reports dated January 31 and
February 14, 1986. After discussion the following person addressed the Council:
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John Galloway, 338 Sierra, Moorpark, representing the
Moorpark Central Neighborhood Council; requested that
the downtown area be included in the OSCAR Element
now under preparation.
After further discussion, it was suggested by Councilmember Yancy- Sutton
that a moratorium be placed on issuance of land use entitlements on parcels
of 5 acres or greater in an area shown on which she presented, showing
Moorpark Road on the east, the Arroyo on the south, Tierra Rejada Road
and Gabbert Road on the west, and a northerly boundary encompassing
what is generally referred to as the downtown area; and further, that the
map be referred to the Parks and Recreation Commission with instructions
to study the matter and select at least three alternative potential sites for
neighborhood parks within the proposed boundary area, with a report back
before the expiration of the moratorium ordinance, which would be adopted
as an urgency ordinance.
Upon inquiry, the City Manager stated that the Parks and Recreation Com-
mission would be meeting in regular session the following Wednesday, and the
matter could be presented at that time.
It was then moved by Councilmember Yancy- Sutton that the Parks and Recrea-
tion Commission be directed to review the designated area and select three
alternative potential sites for community parks in the central area of the City,
which motion was seconded by Councilmember Woolard and unanimously carried.
During a discussion regarding the delineated area, it was provided that the
site of the Villa Campesino project be excluded from the proposed boundary area.
The following person then addressed Council concerning the matter:
Mitchel Kahn, Attorney at Law, 500 Esplanade Drive, Oxnard,
representing G. H. Palmer & Associates, verifying that
the only exception to the issuance of land use entitlements
in the area during the moratorium would be the Villa Campesina
project.
The City Attorney then presented and read in full Ordinance No. 64, entitled:
AN INTERIM ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, ADOPTED ON AN URGENCY BASIS,
IMPOSING A MORATORIUM PROHIBITING ISSUANCE OF
LAND USE ENTITLEMENTS IN THE DOWNTOWN AREA OF
THE CITY OF MOORPARK
It was moved by Councilmember Yancy- Sutton and seconded by Councilmember
Woolard that said Ordinance No. 64, entitled as hereinabove. set forth, be
adopted, which motion was 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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In consideration of the report of the City Manager regarding the origin of the
Quimby Funds by Area, it was moved by Councilmember Yancy- Sutton, seconded
by Councilmember Prieto and unanimously carried to refer the report to the
Parks and Recreation Commission for consideration and report with a recommendation
regarding alternatives for the use of the Quimby interest.
10.A.2. The City Attorney presented and reviewed her communication regarding
General Plan Amendments and zone changes.
The following person then addressed Council regarding the matter:
John Galloway, 338 Sierra, Moorpark, urging that the Planning
Commission be directed to look into the future use of Gisler
field and that the Planning Commission be directed to hold
a public hearing on the subject in order to give the residents
of the area an opportunity to be heard.
It was the consensus of the Council that there was no reason to vary from
the previous decision that no General Plan amendments would be accepted until
the elements of the General Plan have been completed.
It was moved by Councilmember Yancy- Sutton, seconded by Councilmember Prieto
and unanimously carried that the City Attorney's communication be received and
filed.
10. B. Employee Health /Medical Program Premium Payment
The City Manager presented and reviewed his report dated February 14, 1986,
and after a brief discussion, it was moved by Councilmember Woolard, and --
seconded by Councilmember Prieto that the recommendation of the City Manager
be approved and the enabling Resolution presented for consideration at the
next regular meeting, which motion carried by the following roll call vote:
AYES: Councilmembers Woolard, Prieto, Ferguson and Mayor Weak;
NOES: None;
ABSENT: None;
ABSTAIN: Councilmember Yancy- Sutton.
11. STAFF REPORTS - INFORMATION ITEMS
By general consent, Items 11.A, 11. B , 11.C, 11. D, 11. E, 11.F, 11.G and 11.14
were continued to the adjourned meeting to be held February 24, 1986.
12. CONSENT CALENDAR
At the request of Councilmember Prieto, Item 12.B was excluded from the
Consent Calendar, for the reason that his participation would be a conflict of
interest., inasmuch as he was purchasing property from U.S. Condominium.
It was moved by Councilmember Prieto and seconded by Councilmember Woolard
that Items 12.A, 12.0 and 12.D of the Consent Calendar be approved as
recommended, which motion carried by the following roll call vote:
AYES: Councilmembers Prieto, Woolard, Ferguson, Yancy- Sutton
and Mayor Weak;
NOES: None;
ABSENT: None.
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12 . A . Approval of Warrant Register
Approved Warrant Register dated February 18, 1986, listing Warrants Nos. 2679
through 2730, in the total amount of $110,989.09, 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.
12.0 . Acceptance of Easement Deed; Parcel 1 of PM -3192; DP -312
(Westway Development)
Adopted Resolution No. 86 -277, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, ACCEPTING THE EASEMENT DEED
FOR PEDESTRIAN TRAVEL GRANTED BY MICHAEL WEBER
DATED NOVEMBER 6, 1985.
12.D. Request to Attend Planning Conference
Approved attendance for Planning Commissioners Claffey and Hartley, and
Administrative Secretary for the Department of Community Development at the
Planning Conference to be held in San Diego March 12 through 14, 1986, and
authorized allocation of necessary funds, as outlined in report of the City
Manager dated February 14, 1986.
12. B. Time Extension for Construction of Subdivision Improvements
Tract 3070 -3, 4 and 5 (U. S. Condominium)
It was moved by Councilmember Yancy- Sutton and seconded by Councilmember
Woolard that an extension of time for the completion of the subdivision improvements
for Tract No. 3070 -3 and 4 to February 15, 1987, be approved.
13. FUTURE AGENDA ITEMS
None
14. ADJOURNMENT
There being no further business to be considered at this meeting, it was moved
by Councilmember Prieto, seconded by Councilmember Woolard and unanimously
carried to adjourn to February 24, 1986, at 7:00 p.m., for consideration of the
balance of the agenda. Time of adjournment was 12:55 a.m.
APPROVED:
Mayor
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Respectfully submitted,
City Clerk