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HomeMy WebLinkAboutMIN 1986 0303 CC REGMoorpark, California March 3, 1986 A regular meeting of the City Council of the City of Moorpark, California, was held on March 3, 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 7:10 p.m., Mayor James D. Weak presiding. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Weak. 3. ROLL CALL PRESENT: Councilmembers Thomas Ferguson, Danny Woolard, Albert Preito, Leta Yancy- Sutton and Mayor Weak; ABSENT: None. OTHER CITY OFFICIALS PRESENT: Steven Kueny, City Manager; Cheryl J. Kane, City Attorney; Sgt. Terry Hughes, County Sheriff's Department; Dennis Delzeit, City Engineer; Richard Morton, Interim Director of Communit Development; Thomas P. 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 Joint Meeting of the City Council and the Industrial Development Authority, held December 9, 1985, be approved as recorded. It was moved by Councilmember Yancy- Sutton, seconded by Councilmember Ferguson and unanimously carried that the minutes of the Joint Meeting of the City Council and the Planning Commission, held December 9, 1985, be approved as recorded. It was moved by Councilmember Yancy- Sutton, seconded by Councilmember Prieto and unanimously carried that the minutes of the City Council meeting of December 16, 1985, be approved as corrected. It was moved by Councilmember Yancy- Sutton, seconded by Councilmember Prieto and unanimously carried that the minutes of the City Council meeting of January 6, 1986, be approved as recorded. 5. PROCLAMATIONS /COMMENDATIONS AND SPECIAL PRESENTATIONS Mayor Weak introduced The Honorable James R. Dougherty, Supervisor, Fourth District, who made a presentation regarding the concept of the Tierra Rejada Lake Regional Recreation Area, stating that the project had been envisioned originally by the Federal Bureau of Reclamation, -1- March 3, 1986 and that the studies have been updated twice since then. He assured Council that in no way would the project go forward without addressing the environmental concerns, or without involving the cities which would be affected by the project. He distributed an information sheet and a map of the proposed project. 6. COMMENTS FROM THE PUBLIC 6.A. Maria M. Hagman, 15618 E. Tierra Rejada Road, Moorpark, addressed Council in opposition to the proposed project. 6.B. Tom Baldwin, 6475 Pepperdine, Moorpark, protesting the use of asbestos pipe in the water system of the City, and requesting that the water be tested to ascertain whether or not there is a danger. He urged a ban in its use in the City. 6.C. Phil Vein, 6685 Princeton Avenue, Moorpark, representing U. S. Condominium, requesting that a contract for planning services for Tract No. TR -3049 be placed on the agenda for consideration, in order to expedite the matter. By general consent, the Council agreed to address the matter later in the meeting. 6.D. Joe Intiso, 15750 Los Angeles Avenue, Moorpark, addressed Council in opposition to a ruling given by the City Attorney at a previous Council Meeting, held February 24, 1986, regarding public comments concerning the subject of oil exploration in the City. Councilmember Woolard responded to Mr. Intiso, stating that Council had followed the advice of the City Attorney and had received an explanation from her regarding her advice, which Mr. Intiso would have heard had he not left the meeting. 6.E. John Newton, Consultant, 165 High Street, Suite 104, Moorpark, addressed Council representing Kavlico Corporation, and presented his communication dated March 3, 1986, regarding conditions Nos. 19, 41, 43, 44, 46 and 47 of DP -318, Kavlico Industrial Development. He introduced Mr. Fred Kavli, of Kavlico, 20869 Plummer Street, Chatsworth, who also spoke briefly, requesting Council's consideration of modifications to the foregoing conditions in order to allow the project to move more rapidly and keep on schedule regarding financing. There was considerable discussion regarding the failure of the con- tractor on the project to file the required erosion control grading plan. Delmar P. Fortmiller, the construction manager on the project, addressed Council regarding the matter, stating that the plan has been filed, that the channel has been cleaned out. The City Manager requested that the matter be delayed until later in the meeting to give him an opportunity to consult with Mr. Newton and the City Engineer. By general consent, his requested was approved. -2- March 3, 1986 6.F. Randy Diggins, 75 Park Lane, Moorpark, Lay Minister for Shiloh Community Church, addressed Council in opposition to the pornographic material being sold from newsracks recently placed on High Street, and requested that some action be taken to ban their display in the City. 6.G. Earl Hale, 4330 Deepwell, Moorpark, Pastor at Shiloh Community Church, addressed Council regarding the same matter, suggesting that one way of addressing the subject would be to ban their sale to minors, or that the material be sold only over the counter, or that fees be placed on the owners of the newsracks which would make it more difficult to operate in the city. 6.H. Wally Todd, 4240 Tecolte Court, Moorpark, addressed Council urging that Council take a strong stand against the sale of the material in the City. At the request of the Council, the City Attorney responded at length regarding the legal position of cities in their efforts to control this enterprise, stating that the cases have held that cities may regulate the location and placement of the newsracks, but cannot regulate the type of material that goes into the newsracks. 6.I. Maria Hagman, 15618 Tierra Rejada Road, Moorpark, addressed Council, suggesting a license be imposed on out of town newspapers. By general consent, the City Attorney was instructed to report back to the Council on the subject matter, with suggestions and alternatives for regulating the newsracks. 7. HEARINGS By general consent, Item 7.B. was considered at this time. 7.B. General Plan Amendment No. GPA 85 -4; Tentative Tract Map TR -4147; Zone Change Z -2804; Residential Planned Development RPD -1049 (Cabrillo Economic Development Corporation) Amend the Land Use Element of the General Plan from "M -L" (Residential Medium Low Density, 2.6 dwelling units per acre average), and "C -2" (General Commercial) to "H" (Residential High Density, 7 dwelling units per acre average); amend the Circulation Element of the General Plan to delete the bike path and equestrian trail located on the project side, adjacent to the Arroyo Simi; change the existing zoning from "R -1 -13" (Single Family Residential, 13,000 sq ft minimum lot size) and "C -P -D" (Commercial Planned Development) to "R- P -D -7U" (Residential Planned Development, seven dwelling units per acre); create a 62 lot residential subdivision; and construct 62 single - family homes for households with very low and low incomes. The applicant is also requesting approval of a project density bonus and the waiver of development standards as permitted by state law for low income housing projects. Location: South of Los Angeles Avenue, east of Liberty Bell Road, north of and adjacent to the Arroyo Simi. -3- March 3, 1986 Steve Rodriguez, of McClelland Engineering, Consultant for the City regarding the subject application, presented and outlined his report dated March 3, 1986. After discussion the City Clerk presented the following documents, which were ordered received and filed by general consent: 1. Affidavit of Publication of Notice of Hearing published in the Moorpark News on February 19, 1986; and 2. Affidavit of Mailing Notice of Public Hearing to all property owners within 300 foot radius of the subject property as shown on the last equalized assessment roll. The Mayor then declared the hearing opened and the following persons addressed Council in support of the project: Karen Flock, 11011 Azahar, Saticoy, representing the applicant Jeanette Duncan 11545 Los Osos Valley Road, San Luis Obispo, of People Self -Help Conference - Paul Valdivia, 102 First Street, Moorpark, President of Villa Campesina Teresa A. Cortes, 1095 Walnut Canyon Road, Moorpark, of Villa Campesina Pernardo M. Perez, 4237 Canario Court, Moorpark Danny Rasey, 4833 Mira Sol Drive, Moorpark, representing the Parks and Recreation Commission, explaining that the Commission felt it would not be appropriate to have the foot path, bike path and equestrian trail on the north side of the Arroyo, and had suggested they be transferred to the Community Park, leaving the area on the north side of the Arroyo for development as a park for the project. He also explained the position of the Commission regarding the park requirement -- that the park be maintained by the owners as a private recreation park, and that there be a separate assessment zone to take the place of the home- owner's association, which they cannot have Victoria Perez, 4237 Canario Court, Moorpark Jim Hartley, Member of the Planning Commission, explaining the position of the Planning Commission regarding the location of the bike path and the hiking and equestrain trails. The following person addressed Council in opposition to the project: Ted Green, Sr., 19354 E. Benwood Drive, Moorpark. There being no further testimony, the hearing was declared closed. There was considerable discussion, after which it was moved by Councilmember Yancy- Sutton, seconded by Councilmember Prieto and -4- March 3, 1986 unanimously carried that the Council does find that the project will not have a significant effect on the environment, that the Council has reviewed and considered the information contained in the Mitigated Negative Declaration, and does approve the Mitigated Negative Declaration as having been completed in compliance with State CEQA Guidelines issued thereunder. It was then moved by Councilmember Yancy- Sutton, seconded by Councilmember Woolard and unanimously carried that General Plan Amendment No. GPA -85 -4 be approved as recommended. It was then moved by Councilmember Yancy- Sutton, seconded by Councilmember Prieto and unanimously carried that Zone Change No. Z -2804 be approved as recommended. It was then moved by Councilmember Yancy- Sutton, seconded by Council- member Woolard and unanimously carried to approve Tract No. TR -4147 as recommended by the staff and the Planning Commission, with the following specifics: 1. An easement dedication for possible future installation of bike path and equestrian trail as shown on Circulation Element, consistant with Flood Control easement. 2. Maintenance of park by residents of the project, with provision that City may provide service, at City's option, should homeowners not maintain the area in a satisfactory manner, and residents may be assessed therefor. 3. 50% credit of Quimby funds for land dedication for parks use; and remainder not required as a concession in lieu of additional density bonus 4. Improve Liberty Bell Road north from northerly tract boundary to Los Angeles Avenue with 24 feet of paving and an A/C rolled curband sidewalk on one side, as determined by the City Engineer. 5. Property owners waive rights to protest assessment district to find east -west collector street at northerly boundary of the tract. At this time, With discussion on the motion not completed, the Mayor declared a recess, the time being 11:05 p.m. The meeting reconvened at 11:20 p.m., all members being present. There was discussion regarding the possible reduction of the Los Angeles Avenue Area of contribution funds for the Liberty Bell Road off -site improvements, and the following person addressed Council in opposition: Colin Velasquez, 1078 Mellow, Simi Valley. Councilmember Yancy- Sutton then completed her motion, with concurrence by Councilmember Woolard, and the following conditions were included: 6. East /West collector street to be offered for dedication, as recommended by the Planning Commission. -5- March 3, 1986 7. Cost of improvement of Liberty Bell Road between Los Angeles Avenue and the northern boundary of the project to be deducted from the projects L.A.Avenue AOC fee requirement, with reimbursement agreement between the City and applicant requiring that applicant be reimbursed by developers who receive benefit by improvement of Liberty Bell Road north of project to Los Angeles Avenue, at such time as their property is developed, and applicant to transfer such funds to City as their part of AOC fee. 8. 20;0 of project (12 units) to be reserved for low and, very low income households. This completed the motion which was approved unanimously. It was then moved by Councilmember Yancy- Sutton, seconded by Council- member Prieto and unanimously carried that Residential Planned Development No. RPD -1049 be approved as recommended, with following specifics: 1. Garage size to be reduced to 16 feet by 19 feet 5 inches. 2. Wood fencing with steel posts set in concrete approved 3. Private park to be maintained to City standards and City to inspect and assume responsibility if not to City standards, with residents to be assessed for costs. 4. Resale control conditions as recommended by staff. 5. 20% of project for low and very low income households. The necessary ordinance and resolution are to be prepared by staff and presented at future meeting of City Council for consideration. RECESS The Mayor declared a recess, the time being 11:40 a.m. The meeting reconvened at 11:50 a.m., all members of the Council being present. 7.A. Net vs. Gross Density (Continued from February 18, 1986) By general consent this item was continued to the meeting of March 17, 1986. 8. ORDINANCES RESOLUTIO \S 8.A. Adoption of Ordinance No. 63 re Zone Change No. Z -2801 (Griffin Development Companv) Councilmember Yancy- Sutton disqualified herself from participation in this matter, inasmuch as the property had been a source of income for her, thus constituting a conflict of interest. March 3, 1986 The City Attorney 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 reac.ing of said ordinance and declare it read for the second time. It was then moved by Councilmember Prieto and seconded by Council- member Woolard that said Ordinance No. 63, entitled as hereinabove set forth, be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Prieto, Woolard, Ferguson and Mayor Weak; NOES: None; ABSENT: Councilmember Yancy- Sutton. Councilmember Yancy- Sutton then returned to the bench. 8.B. Adoption of Ordinance No. 65 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 Yancy- Sutton, seconded by Council- member Ferguson 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 Ferguson that said Ordinance No. 65, entitled as hereinabove set forth, be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Woolard, Ferguson, Prieto, Yancy- Sutton and Mayor Weak; NOES: None; ABSENT: None. 8.C. Resolution No. 86 -282 Extending Land Use Entitlements It was moved by Councilmember Yancy- Sutton and seconded by Council- member Woolard that Resolution No. 86 -282, entitled: A RESOLUTION OF THE CITY COU\CIL OF THE CITY OF MOORPARK, CALIFORNIA AMENDING SECTION 2 OF RESOLUTION NO. 85 -211 OF SAID CITY, EXTENDING CERTAIN LAND USE ENTITLEMENTS WITHIN SAID CITY -7- March 3, 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.D. Resolution Adopting Employee Benefits Policy It was moved by Councilmember Woolard and seconded by Councilmember Ferguson that Resolution No. 86 -283, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING AN EMPLOYEE BENEFITS POLICY be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Woolard, Ferguson, Prieto, Yancy- Sutton and Mayor Weak; NOES: None; ABSENT: None. 8.E. Resolution No. 86 -284 Initiating Proceedings to Amend the General Plan to (1) Bring Zoning Districts into Conformity with General Plan land use Designations; and (2) Initiate Specific Plan and /or Planned Community (P -C) Zones on Certain Properties. It was moved by Councilmember Yancy- Sutton and seconded by Council- member Prieto that Resolution No. 86 -284, entitled: A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF MOOPARK, CALIFORNIA INITIATING PROCEEDINGS TO CONSIDER AMENDING THE OFFICIAL ZONING MAP AND THE LAND USE ELEMENT OF THE GENERAL PLAN OF SAID CITY ON CERTAIN PROPERTY LOCATED IN THE SOUTHEAST AREA OF THE CITY; AND AMENDING THE LAND USE ELEMENT TEXT AND THE ZONING ORDINANCE FOR COMPATABILITY OF THE TWO DOCUMENTS. be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Prieto, Ferguson, Woolard and Mayor Weak; NOES: None; ABSENT: None. 8.F. Resolution Approving Developer's Application form for Development Agreement By general consent this item was continued to the meeting of March 17, 1986. March 3, 1986 8.G. Resolution No. 86 -285 Establishing Speed Limits on Tierra Reiada Road east of Moorpark Road It was moved by Councilmember Woolard and seconded by Council- member Prieto that Resolution No. 86 -285, entitled: A RESOLUTION OF THE CITY OF MOORPARK APPROVING THE ESTABLISHMENT OF A SPEED LIMIT AND POSTING SPEED LIMIT SIGNS ON TIERRA REJADA ROAD EAST OF MOORPARK ROAD be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Woolard, Prieto, Ferguson, Yancy- Sutton and Mayor Weak; NOES: None; ABSENT: None. 8.H. Resolution No. 86 -286 Electing to Become Subject to Uniform Public Construction Cost Accounting Procedures The Administrative Assistant presented and reviewed his report dated February 26, 1986, after which it was moved by Councilmember Yancy- Sutton and seconded by Councilmember Prieto that Resolution No. 86 -286, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ELECTING TO BECOME SUBJECT TO UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING PROCEDURES PURSUANT TO SECTION 21200 OF THE PUBLIC CONTRACT CODE OF THE STATE OF CALIFORNIA be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Prieto, Woolard and Mayor Weak; NOES: Councilmember Ferguson; ABSENT: None. 8.I. Ordinance Establishing Informal Bidding Procedures for Certain Public Projects The City Attorney presented Ordinance No. 66, entitled: AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, ADDING CHAPTER 3.13 TO TITLE 3 OF THE MOORPARK MUNICIPAL CODE ESTABLISHING INFORMAL BIDDING PROCEDURES FOR CERTAIN PUBLIC PROJECTS It was moved by Councilmember Yancy- Sutton and seconded by Council- member Prieto that further reading of said ordinance be waived and the ordinance declared read for the first time, which motion carried by the following roll call vote: March 3, 1986 AYES: Councilmembers Yancy- Sutton, Prieto, Woolard and Mayor Weak; NOES: Councilmember Ferguson; ABSENT: None. It was moved by Councilmember Yancy- Sutton and seconded by Council- member Prieto that said Ordinance No. 66, entitled as hereinabove set forth, be introduced, which motion carried by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Prieto, Woolard and Mayor Weak; NOES: Councilmember Ferguson; ABSENT: None. 8.J. Ordinance Approving Zone Changes Nos. Z -2807, Z -2808 and Z -2809 (PC -3) (Urban West Communities) The City Attorney presented Ordinance No. 67, entitled: AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONE CHANGES NOS. Z -2807, Z -2808 AND Z -2809, ON APPLICATION OF URBAN WEST COMMUNITIES. 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 first time. It was then moved by Councilmember Woolard and seconded by Council- member Yancy- Sutton that said Ordinance No. 67 be introduced, 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 Woolard expressed concern over absenteeism of some Commissioners from regularly scheduled Commission meetings, and requested that staff prepare a letter for the Mayor's signature expressing concern. 9.B. Councilmember Yancy- Sutton suggested a policy that items on the agenda be considered in their order on the agenda, unless agreed to by the persons waiting for consideration of their items. Requested that the Rules of Conduct be amended to so reflect. Councilmember Yancy- Sutton also requested that if items are con- tinued from one meeting to the next, that they appear in the same order as appeared the first time. This, too, to be included in the Rules of Conduct. -10- March 3, 1986 Councilmember Yancy-Sutton requested that the City Attorney prepare an ordinance providing for a pay-back agreement for improvements before future developments occur. 9.C. Councilmember Ferguson expressed concern regarding the use of asbestos pipe and requested that further investigation be done on the matter, and Council agreed unanimously that staff should obtain further information, including information from other cities , particularly in Los Angeles County. 9.D. Councilmember Prieto expressed concern over the failure of the contractor on the Kavlico project to file a grading plan and the resultant erosion which occurred as a result of the heavy rains. Requested that staff investigate mechanism for making certain conditions are complied with, and if not , to impose a fine or forfeiture . Mayor Weak also suggested further clarification of the Rules of Conduct and the use of speaker cards at Council meetings . 10. STAFF REPORTS - ACTION ITEMS 10.A. Assessments for 1986-87 Fiscal Year - Proposals for Engineer Services : 1 . City Wide Parks Assessment District (AD 85-1 ) 2 . City Wide Lighting and Landscaping District (AD 84-2) The City Manager_ presented and reviewed his report dated February 26, 1986, regarding the subject matter, and after a brief discussion, it was moved by Councilm'ember Yancy-Sutton and seconded by Councilmember Prieto, that the Engineer be authorized to prepare and submit the Engineer ' s Report for Assessment Districts Nos . 84-2 and 85-1 for 1986-87,, pursuant to the proposals submitted by the City Engineer, which motion was carried by the following roll call vote: AYES: Councilmembers Yancy-Sutton, Prieto , Woolard and Mayor Weak; NOES: Councilmember Ferguson; ABSENT: None . 10.B. Appraisal Services - Los Angeles Avenue Widening Project The City Manager presented his report dated March 3, 1986 , and after discussion it was moved by Councilmember Prieto and seconded by Councilmember Woolard that staff be authorized to secure professional appraisal services from Richard Laquess and the firm of Ventura Property Services, Inc. , for the Los Angeles Avenue Widening Project, at a cost not to exceed Four Thousand Dollars . Motion carried by the following roll call vote : AYES : Councilmembers Prieto, Woolard , Yancy-Sutton and Mayor Weak; NOES : Councilmember Ferguson; ABSENT: None . -11- March 3, 1986 10.C. Recruitment for Director of Community Development The City Manager presented and reviewed his report dated Feb- ruary 26, 1986, and after discussion, it was moved by Council- member Woolard and seconded by Councilmember Prieto that the report be approved and the City Manager be authorized to contract with an executive search firm for recruitment of 6 to 10 candidates for the Director of Community Development position at a cost not to exceed $2,500.00; and further, that the salary range for the Director of Community Development position be established at $40,000 to $45,000, with the salary upon appointment to be as negotiated within this range. Motion carried by the following roll call vote: AYES: Councilmembers Woolard, Prieto, Ferguson, Yancy- Sutton and Mayor Weak; NOES: None; ABSENT: None. 10.D. Authority re OTS Grant Application By general consent this item was continued to the meeting of March 17, 1986. 10.E. Contribution of Surplus Folding Chairs to Senior Citizens The Administrative Assistant presented and reviewed his report dated February 26, 1986, and it was moved by Councilmember Yancy- Sutton, and seconded by Councilmember Prieto that Council concur with the recommendation of the Parks and Recreation Commission; does find that the value of the surplus chairs is $140.00; does donate the 14 padded folding chairs to the Senior Citizens group for their contribution to the Seniors of Moorpark; and further, conditions said donation with the requirement that the Senior Citizens group may not dispose of the chairs without having obtained approval from the City Council to do so. Motion carried by the following roll call vote: AYES: Councilmembers Yancy - Sutton, Prieto, Ferguson, Woolard and Mayor Weak; NOES: None; ABSENT: None. 10.F. Contract for Planning Services for Tract No. 3049 (U. S. Condominum) (ADDED ITEM) It was moved by Councilmember Yancy- Sutton and seconded by Council- member Woolard that the Contract for Planning Services for Tract No. 3049, with Sage Institute, be approved 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, Prieto, Ferguson and Mayor Weak; NOES: None; ABSENT: None. -12- It March 3, 1986 10.G. Request of Kavlico Corporation for modification of certain conditions of DP -318, LDM -5 (Resolution No. 85 -249) (ADDED ITEM) After discussion it was moved by Councilmember Yancy- Sutton, seconded by Councilmember Woolard and unanimously carried that the following conditions of Resolution No. 85 -249 (DP -318) be modified as hereinafter set forth: 1. Conditions Nos. 43, 44 and 47 - to permit the requirements to be complied with prior to building occupancy, rather than prior to zone clearance. 2. Condition No. 46 - a letter from the Ventura County Flood Control District to be obtained to meet this condition prior to zone clearance. 3. No change to Condition No. 40 (cited in Mr. Newton's letter as Condition No. 41). 11. STAFF REPORTS - INFORMATION ITEMS 11.A. Update of Tierra Rejada Road /Moorpark Road Area of Contribution Report (Continued from 2- 24 -86) By general consent the second paragraph of Section V "Basis for Future Assessment" was amended to read as follows: "Although a propery owner is normally conditioned to dedicate the right -of -way (R /W) necessary for public improvements at the time of development, this R/W is sometimes needed before the property owner is ready to develop. In these cases it may be necessary for the AOC to buy the R/W from the property owner. If this happens, the City will record constructive notice to serve the present and future property owners that the property owner will be required to reimburse the AOC, at the time of regular AOC payment, for the R/W acquisition costs. These extra costs could include legal descriptions, appraisals, and other associated costs, as well as the R/W purchase costs" and ordered received and filed. 11.B. Moorpark Road Truck Traffic (Continued from 2- 24 -86) Lt. Brown presented and discussed his report dated January 28, 1986 after which it was ordered received and filed by general consent and staff instructed to research possible funding for raising the walls on Moorpark Road and Los Angeles Avenue. -13- March 3, 1986 11.D. Street Lights at Various Intersections on Tierra Rejada Road (Continued from 2- 24 -86) The City Engineer presented his report dated February 3, 1986 and after discussion it was ordered received and filed by general consent. 11.E. Senior Citizens Housing Complex Occupancy (Continued from 2- 24 -86) The City Clerk presented her report dated January 31, 1986, and after brief discussion it was ordered received and filed by general consent. 11.F. Relinquishment by CalTrans - Old Los Angeles Avenue (Highway 118) between College View Avenue and Westerly City Limits (Continued from 2- 24 -86) The City Manager presented a communication dated February 5, 1986 from the Department of Transportation District 7 office, advising of the relinquishment by the State to the City of the above referenced portion of Old Los Angeles Avenue, by resolution recorded in 02/03/86 as Document No. 86- 13300. By general consent said communication was ordered received and filed. 11.G. Pavement Conditions of Los Angeles Avenue east of College View Avenue (Old Route 118) (Continued from 2- 24 -86) The City Engineer presented his report dated February 12, 1986, con- cerning the subject matter, and it was ordered received and filed by general consent. 11.H. Quarterly Financial Report - October, November, December, 1985 The City Manager presented the above referenced Quarterly Financial Report, which was ordered received and filed by general consent. 11.I. Budget Calendar - 1986 -87 Fiscal Year By general consent this item was ordered received and filed. 11.J. City Mangier Approved Service Contracts - Recreation Services The City Manager presented his communication transmitting to Council the form which would be used for reporting the City Manager Approved Service Contracts. He also presented his report regarding contracts for recreation services, dated March 1, 1986. Said communications were ordered received and filed by general consent. 11.K. Traffic Engineering Study - Intersection of Moorpark Road and Hiah Street The City Engineer presented his report dated March 3, 1986, and after a brief discussion, it was ordered received and filed by general consent. -14- t March 3, 1986 12. CONSENT CALENDAR It was moved by Councilmember Yancy- Sutton and seconded by Councilmember Woolard that Warrant Register dated March 3, 1986, listing Warrants Nos. 2731 through 2794 , in the total amount of $ 88,700.92 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. Motion carried by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Woolard, Ferguson, Prieto and Mayor Weak; NOES: None; ABSENT: None. 13. FUTURE AGENDA ITEMS None. 14. ADJOURNMENT There being no further business to be considered at this time, it was moved by Councilmember Yancy- Sutton, seconded by Councilmember Woolard and unanimously carried that the meeting adjourn to a joint meeting with the Board of the Moorpark Unified School District, to be held Monday, March 10, 1986, at 7:00 p.m. Time of adjournment was 1:00 a.m. APPROVED: Mayor Respectfully submitted, -15- City Clerk