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HomeMy WebLinkAboutMIN 1986 0224 CC ADJMoorpark, California February 24, 1986 An adjourned regular meeting of the Moorpark City Council was held on February 24, 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 7:08 p.m., Mayor James D. Weak presiding. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Woolard. 3. ROLL CALL PRESENT: Councilmembers Thomas Ferguson, Albert Prieto, Danny Woolard, Leta Yancy- Sutton and Mayor James D. Weak; 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 P. Genovese, Administrative Assistant; and Doris D. Bankus, City Clerk. 4. APPROVAL OF MINUTES By general consent, approval of the minutes of the following meetings was continued to the next regular meeting: 1. Joint Meeting of City Council and Industrial Development Authority, December 9, 1985; 2. Joint Meeting of City Council and Planning Commission, December 9, 1985; 3. City Council Meeting of December 16, 1985. 5. PROCLAMATIONS /COMMENDATIONS AND SPECIAL PRESENTATIONS None. 6. COMMENTS FROM THE PUBLIC 6.A. Joe Intiso, 15790 Los Angeles Avenue, Moorpark, commenced to address Council regarding the location of oil exploration facilities in Moorpark. He was interrupted by the City Attorney, who ruled that inasmuch as there is an application pending before the City Council for a permit to conduct oil exploration in the City, it would be inappropriate for Council to hear testimony concerning the subject matter at this time, -1- . February 24, 1986 but that if Mr. Intiso wished to return at the time of the scheduled public hearing, his testimony could be heard at that time. She stated, also, that if Mr. Intiso wished to submit written information, the City would receive it and present it also at the time of the scheduled public hearing. 6.B. Victor Richard, 15750 Los Angeles Avenue, Moorpark, addressed Council, stating that his comments would have been on the same subject, but that since it was not permitted to be discussed at this time, he would have no comments. 6.C. Bernardo Perez, 4237 Canario Court, Moorpark, addressed Council, requesting that Council hold the public hearing regarding Item No. 7.E. (GPA -85 -2) at this time, inasmuch as he would not be able to stay until the matter was reached on the agenda, and stating that he would like to give testimony. After a ruling by the City Attorney regarding the appropriate time for giving testimony at a public hearing, no decision was made to change the order of the agenda. 7. HEARINGS (This being a continuation of the meeting of February 18, 1986, the agenda item designations will remain the same) 7.C. Net vs. Gross Density By general consent this item was continued to March 3, 1986. 7.D. 1. Zone Change 2807, Vesting Tentative Tract Map No. 4140, and Residential Planned Development Permit No. 1053 (Urban West Communities). Application is requesting approval of following: 1) Zone Change No. 2807 to rezone a 56.19 acre parcel from the "PC" (Planned Community) to the "RPD -3.65 U" (Residential Planned Development 3.65 Units to the Acre) Zone; 2) Vesting Tentative Tract Map No. 4140 to subdivide a 56.19 acre site into 205 lots (203 home - sites, 2 recreation lots); and 3) Residential Planned Development Permit No. 1052 to construct 203 single family homes and two neighborhood recreation complexes. 2. Zone Change No. 2808, Vesting Tentative Tract No. 4141, and Residential Planned Development Permit No. 1053 (Urban West Communities). Applicant is requesting approval of following: 1) Zone Change No. 2808 to rezone a 54.3 acre parcel from the "PC" (Planned Community) to the "RPD -5 U" (Residential Planned Development 5 Units to the Acre) Zone; 2) Vesting Tentative Tract Map No. 4141 to subdivide a 54.3 acre site into 236 lots(233 homesites, 2 recreation lots and one park site, South Village Park): and 3) Residential Planned Development Permit No. 1053 to construct 231 single family homes and two neighborhood recreation complexes. 3. Zone Change No. 2809, Vesting Tentative Tract No. 4142, and Residential Planned Development Permit No. 1054 (Urban West -2- February 24, 1986 Communities). Applicant is requesting approval of the following: 1) Zone Change No. 2809 to rezone a 128.8 acre parcel from the "PC" (Planned Community) to the "RPD -2.2 U" (Residential Planned Development 2.2 Units to the Acre) Zone; 2) Vesting Tentative Tract Map No. 4142 to subdivide a 151.5 acre site into 286 lots (283 homesites, 2 recreation lots and a lot reserved for future high density residential development); and 3) Residential Planned Development Permit No. 1054 to construct 283 single family homes and two neighborhood recreation complexes. The City Clerk presented the following documents, which were ordered received and filed: 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 all property owners within 300 foot radius of subject property, as shown on last equalized assessment roll, on February 4, 1986. Randy Richardson, Consultant for the City regarding the above three items, addressed Council, presenting a written report on each item, dated February 18, 1986, and reviewing each report. After discussion, the Mayor declared the public hearing opened, and the following persons addressed Council: Tom Zanic, representing Urban West Communities (applicant); described each tract with recreation areas; displayed artists renderings and maps of each tract, and urged approval. He also indicated the general location of the proposed fire station. Eugene V. Iwach, 923 Larker Avenue, and Del Portanova, 2701 April Road, Agoura, Ca. , owners of Lot 49, Tract 2016.2, located south of Mountain Meadows; concerned regarding an easement through the Mountain Meadows property. Advised to negotiate with Urban West Communities. There being no further testimony, the hearing was declared closed. After discussion, it was moved by Councilmember Yancy- Sutton, seconded by Councilmember Prieto and unanimously carried that Council does find that the environmental effects discussed in the EIR prepared for Planned Community No. 3 and the environmental effects of the proposed project are similar enough to warrant the same treatment in an EIR, and certifies that the Planned Community No. 3 EIR adequately covers the impacts of the project, and purusant to Section 15162 of the State CEQA Guidelines, that this body has reviewed and considered the informa- tion contained therein and endorses the reasons which have been given in -3- February 24, 1986 the staff report for allowing the occurrence of the significant cumulative impacts identified in the EIR that was earlier prepared for Planned Community No. 3. It was moved by Councilmember Yancy- Sutton, seconded by Councilmember Prieto and unanimously carried to adopt the proposed findings and approve Zone Change No. 2807. It was moved by Councilmember Yancy- Sutton, seconded by Councilmember Woolard and unanimously carried to adopt the proposed findings and approve Vesting Tentative Tract No. 4140, subject to recommended con- ditions. It was moved by Councilmember Yancy- Sutton, seconded by Councilmember Prieto and unanimously carried to adopt the proposed findings and approve Residential Planned Development Permit No. 1052, subject to recommended conditions. The ordinance for the zone change and the resolution for the Tentative Tract and the Residential Planned Development Permit were ordered to be prepared and presented for consideration at a following Council Meeting. 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 project are similar enough to warrant the same treatment in an EIR, and certifies that the Planned Community No. 3 EIR adegLately covrs the impacts of the project, and pursuant to Section 15162 of the State CEQA Guidelines, that this body has reviewed and considered the informa- tion contained therein and endorses the reasons which have been given in the staff report for allowing the occurrence of the significant cumulative impacts identified in the EIR that was earlier prepared for Planned Community No. 3. It was moved by Councilmember Yancy- Sutton, seconded by Councilmember Woolard and unanimously carried to adopt the proposed findings and approve Zone Change No. 2808. It was moved by Councilmember Yancy- Sutton, seconded by Councilmember Woolard and unanimously carried to adopt the proposed findings and approve Vesting Tentative Tract No. 4141, subject to recommended conditions. It was moved by Councilmember Yancy- Sutton, seconded by Councilmember Woolard and unanimously carried to adopt the proposed findings and approve Residential Planned Development Permit No. 1053, subject to recommended conditions. The ordinance for the zone change and the resolution for the Tentative Tract and the Residential Planned Development Permit were ordered to be prepared and presented for consideration at a following Council Meeting. '1'L' February 24, 1986 It was moved by Councilmember Yancy- Sutton, seconded by Councilmember 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 project are similar enough to warrant the same treatment in an EIR, and certifies that the Planned Community No. 3 EIR adequately covers the impacts of the project, 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 for allowing the occurence of the significant cumulative impacts identified in the 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 to adopt the proposed findings and approve Zone Change No. 2809. It was then moved by Councilmember Yancy- Sutton, seconded by Council- member Woolard and unanimously carried to adopt the proposed findings and approve Vesting Tentative Tract No. 4142, subject to approved conditions. It was then moved by Councilmember Yancy- Sutton, seconded by Council- member Woolard and unanimously carried to adopt the proposed findings and approve Residential Planned Development Permit No. 1054, subject to the approved conditions. The ordinance for the zone change and the resolution for the Tentative Tract and the Residential Planned Development Permit were ordered to be prepared and presented for consideration at a following Council Meeting. RECESS The Mayor declared a recess, the time being 8:25 p.m. The meeting reconvened at 8:45 p.m., all members of the Council being present. 7.E. General Plan Amendment No. GPA -85 -2 (Carlsberg and Caren Components) and Zone Chanqes Nos. 2802 and 2806. Caren Component: Proposed amendment to the Moorpark General Plan Land Use Element to redesignate an approximate 1.4 acre property with existing industrial shops and a warehouse from Light Industrial to General Commercial uses. A companion zone change is also pro- posed to rezone the property from "M -1" (Industrial Park District) to "C -2" (General Commercial). The project is located adjacent to and northwest of the intersection of Moorpark and Poindexter Avenues. Carlsberg Component: Proposed amendment to the Moorpark General Plan Land Use Element to redesignate an approximate 77 acre portion of a larger 128.6 acre undeveloped property from Low -5- February 24, 1986 Density Residential (1.6 dwelling units per acre, average) to Light Industrial uses. A companion zone change is also proposed to rezone the property from "R- E -lAC" (Rural Exclusive, one acre minimum lot size) to "M -1" (Industrial Park District). The proposal is located adjacent to and south of New Los Angeles Avenue, east of Moorpark Road, adjacent to and west of the Moorpark Freeway (Route 23). The City Clerk presented the following documents, which were ordered received and filed by general consent: 1. Proof of Publication of Notice of Public Hearing, published in the Moorpark News on February 5, 1986; 2. Affidavit of Mailing of Notice of Public Hearing to property owners within 300 foot radius of subject property as shown on the last equalized assessment roll, and to the property owners on McFadden, Cornett and Poindexter Avenues. By general consent, it was agreed to consider the Caren Component of the proposed General Plan Amendment first. Julie Hunt, of McClelland Engineers, Consultant for the City on the project, presented and reviewed her staff report dated February 18, 1986, and after discussion, the following persons addressed Council: John W. Newton, 165 High Street, Suite 204, Moorpark, representing the applicant, Dr. Raymond Caren, urging approval of the application. Considerable discussion was had regarding the traffic study which had been prepared for the applicant, the concern being that the study had been prepared during the summer months when school was not in session. There was also discussion regarding the proposed use of the building, with respect to the amount of traffic a use might generate. A straw vote was taken to approve the General Plan Amendment on the Caren Component as applied for - to redesignate approximately 1.4 acres from Light Industrial to General Commercial, with the following result: AYES: Councilmembers Prieto, Woolard, Yancy- Sutton and Mayor Weak; NOES: Councilmember Ferguson. A straw vote was then taken to approve Zone Change No. 2806 as applied for - from "M -1" (Industrial Park District) to "C -2" (General Commercial), with the following result: AYES: Councilmember Prieto and Mayor Weak; NOES: Councilmember Ferguson, Woolard and Yancy- Sutton. After discussion regarding the feasibility of a "C -0" zone on the project, a straw vote was taken to approve a zone change from "M -1" (Industrial Park District) to "C -0" (Commercial Office), with the February 24, 1986 following result: AYES: Councilmembers Yancy- Sutton and Prieto; NOES: Councilmembers Ferguson, Woolard and Mayor Weak. It was then moved by Councilmember Yancy- Sutton, seconded by Council - member Woolard and unanimously carried to proceed with the up -date of the traffic study, and send the application back to the Planning Com- mission for review, with a request for recommendation to the Council; and further, that this component of the General Plan Amendment application be continued until the traffic study has been completed. By general consent, staff was instructed to prepare a resolution to initiate proceedings to bring the General Plan and zoning ordinance into conformity. RECESS The Mayor declared a recess, the time being 10:00 p.m. The meeting reconvened at 10:20 p.m., all members of the Council being present. By general consent, staff was instructed to make certain that the traffic study is to include C -2 and C -0 zoning, and would start at 7:30 a.m. on school days and also between 2:00 and 4:00 p.m. in the afternoon. By general consent, the Carlsberg Component of the General Plan Amendment was considered next. Julie Hunt, of McClelland Engineers, Consultant for the City on this Component of the General Plan Amendment, presented and reviewed her staff report dated February 18, 1986. The Mayor declared the hearing opened, and the following persons addressed Council: Ron Tankersley, of Carlsberg Co., applicant, urging approval Bob Warren, of Ramseyer and Associates, testifying regarding proposed development, and distributing paper entitled, "Comparative Schedules for the Connection of Freeways 23 and 118, and the Development of Tract 4048" Bram White, of Daum, Johnston & Company, provided market analysis findings. The time being 11:15 p.m., the Council, by general consent, decided to continue with the order of the agenda. Public testimony continued: Pamela Castro, representative of the Central Neighborhood Council, urging that Carlsberg dedicate property as a public park for the residents of the neighborhood. -7- February 24, 1986 Bernardo Perez, 4237 Canario Court, Moorpark, read prepared statement in opposition to project. There was considerable discussion, participated in by members of the Council and representatives of the applicant, regarding 1) traffic concerns, 2) dedication of open space, which could be either City park or private industrial park, 3) whether or not the property should be considered as a Planned Community or a Specific Plan, rather than approved and developed in portions. There being no further testimony, the public hearing was closed. After further discussion, a straw vote was taken on the Carlsberg Component of the General Plan Amendment, with the following result: AYES: None; NOES: Councilmembers Ferguson, Prieto, Woolard, Yancy- Sutton and Mayor Weak; ABSENT: None. It was then moved by Councilmember Yancy- Sutton and seconded by Council- member Woolard that the Carlsberg Component of General Plan Amendment No. GPA -85 -2 be denied, and after discussion, the motion was withdrawn with the consent of the second. It was then moved by Councilmember Yancy- Sutton and seconded by Council- member Ferguson to continue the General Plan Amendment No. GPA -85 -2 for six weeks. There was discussion on the motion, and Councilmember Yancy- Sutton stated she would withdraw the motion, but Councilmember Ferguson declined to withdraw his second. The motion then failed to pass on the following roll call vote: AYES: Councilmember Ferguson; NOES: Councilmembers Prieto, Woolard, Yancv- Sutton and Mayor Weak; ABSENT: None. It was then moved by Councilmember Yancy- Sutton and seconded by Council- member Woolard to deny both components of General Plan Amendment No. GPA -85 -2, which motion carried by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Woolard, Ferguson, Prieto and Mayor Weak; NOES: None. ABSENT: None. It was moved by Councilmember Woolard and seconded by Councilmember Yancy- Sutton that the Caren Component of GPA -85 -2 be redesignated as GPA -86 -1, and the excisting documents be used as the application, frith the addition of the up -date of the traffic study, as previously instructed, which motion carried by the following roll call vote: AYES: Councilmembers Woolard, Yancy- Sutton, Ferguson, Prieto and Mayor Weak; NOES: None; ABSENT: None. aM. February 24, 1986 8. ORDINANCES /RESOLUTIONS 8.A. Ordinance No. 65 - Amendment to Moorpark Municipal Code re Firearms The City Attorney presented Ordinance No. 65, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING SUBPARAGRAPH (5) OF PARAGRAPH (b) OF SECTION 11.01.010 OF CHAPTER 1 OF TITLE 11 OF THE MOORPARK MUNICIPAL CODE. It was moved by Councilmember Prieto, seconded by Councilmember Woolard and unanimously carried to waive further reading of said ordinance and declare it read for the first time. It was moved by Councilmember Prieto, seconded by Councilmember Woolard and unanimously carried that said Ordinance No. 65, entitled as hereinabove set forth, be introduced. 8.D. Resolution No. 86 -278, Establishing Fees re Peddlers, Itinerant Merchants and Solicitors It was moved by Councilmember Yancy- Sutton and seconded by Councilmember Woolard that Resolution No. 86 -278, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ESTABLISHING FEES REQUIRED BY CHAPTER 2 OF TITLE 5 OF THE MOORPARK MUNICIPAL CODE, PERTAINING TO LICENSES AND PERMITS FOR PEDDLERS, ITINERANT MERCHANTS AND SOLICITORS. 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. 8.E. Resolution No. 86 -279, Amending the Classification Plan Regarding Senior Planner It was moved by Councilmember Yancy- Sutton and seconded by Councilmember Woolard that Resolution No. 86 -279, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADDING A NEW CLASSIFICATION AND JOB DESCRIPTION TO THE CLASSIFICATION PLAN FOR THE COMPETITIVE SERVICE OF THE CITY, AS ADOPTED BY RESOLUTION NO. 85 -205 ON JUNE 3, 1985. 360 February 24, 1986 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. 8.F. Resolution No. 86 -280, Amending the Salary Plan It was moved by Councilmember Yancy- Sutton and seconded by Councilmember Woolard that Resolution No. 86 -280, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A SALARY PLAN OF CLASSES OF POSITIONS IN THE COMPETITIVE SERVICE AND FOR POSITIONS NOT IN THE COMPETITIVE SERVICE; AND REPEALING RESOLUTION NO. 83 -143, ADOPTED SEPTEMBER 19, 1984 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. 8.H. Resolution No. 86 -281, Initiating Proceedings to Amend Land Use Element of the General Plan and the Moorpark Zoning Ordinance Pertaining to Maximum Allowable Density and to which Zoning Designations the Density Averaging Provisions Apply It was moved by Councilmember Woolard and seconded by Concilmember Yancy- Sutton that Resolution No. 86 -281, entitled: A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, TO CONSIDER AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN, AND SECTION 8137 OF ARTICLE 19 OF CHAPTER 1 OF DIVISION 8 OF THE MOORPARK ZONING ORDINANCE PERTAINING TO MAXIMUM ALLOWABLE DENSITY AND TO WHICH ZONING DESIGNATIONS THE DENSITY AVERAGING PROVISIONS APPLY be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Woolard, Yancy- Sutton, Ferguson, Prieto and Mayor Weak; NOES: None; ABSENT: None. 9. COMMENTS FROM COUNCILMEMBERS 9.A. Councilmember Ferguson requested investigation and report re hours of operation of the Double LL Bar, located at corner of High Street and Moorpark Avenue, stating they now have permission to stay open from 10:00 a.m. to 12:00 midnight, but would like to stay open until 2:00 a.m. -10- February 24, 1986 9.B. Councilmember Woolard suggested that in order to avoid a situation similar to that-of the Caren /Carlsberg General Plan Amendments, proposed applications should not be consolidated. 9.C. Mayor Weak requested that staff send a communication to the Governor in support of the appointment of a Ventura County member of the State of California Transportation Commission. Mayor Weak requested staff to investigate traffic situations where residents in the downtown area are unable to turn left off Second Street, Bard Street or Millard Street onto Moorpark Road or Los Angeles Avenue, to determine if there might be some mitigating measure which could be taken. 11. STAFF REPORTS - INFORMATION ITEMS By general consent all items under this Agenda Item were continued to the next regular meeting, as follows: A. Update of Tierra Rejada Road /Moorpark Road Area of Contribution Report B. Moorpark Road Truck Traffic C. Crime and Traffic Report D. Street Lights at Various Intersections in Tierra Rejada Road E. Senior Citizens Housing Complex Occupancy F. Relinquishment by CalTrans - Old Los Angeles Avenue (Highway 118) between College View Avenue and Westerly City Limits G. Pavement Conditions of Los Angeles Avenue East of College View Avenue (Old Route 118) H. Quarterly Financial Report - October, November, December, 1985 12. CONSENT CALENDAR - None. 13. FUTURE AGENDA ITEMS - None. 14. ADJOURNMENT There being no futher business to come before the Council, it was moved by Councilmember Yancy- Sutton, seconded by Councilmember Ferguson and unanimously carried that the meeting stand adjourned, the time being 1:00 a.m. APPROVED: Mayor Respectfully submitted, - 1 1 - City Clerk