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HomeMy WebLinkAboutMIN 1986 0421 CC REGMINUTES OF THE CITY COUNCIL 799 Moorpark Avenue April 21, 1986 A Regular Meeting of the City Council of the City of Moorpark was held on April 21, 1986 in the City Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Weak called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Yancy- Sutton. 3. ROLL CALL: Present: Councilmembers Thomas Ferguson, Albert Prieto, Leta Yancy- Sutton, Danny Woolard and Mayor Weak. Steven Kueny, City Manager; Dennis Delzeit, City Engineer; Lt. Mike Brown, County Sheriff's Department; Tom Genovese, Administrative Assistant; Richard Morton, Director of Community Development; Diane Eaton, Associate Planner; Cheryl Kane, City Attorney; Doris Bankus, City Clerk 4. APPROVAL OF MINUTES: No minutes were presented. 5. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: Planning Commissioner Dan Claffey gave a slide presentation regarding the proposed relocation of the historic bridge for pedestrian /cyclist traffic over Arroyo Simi. He requested that the Council instruct staff to contact Mr. Palmer and indicate to him that the City would be willing to accept something like this as his fulfillment of the requirement for a footbridge. Also, he suggested that the Council direct staff to do whatever is necessary to facilitate Mr. Palmer's investigation of the feasibility of putting in the bridge. Victor Richards, 15750 -168 Los Angeles Avenue, spoke in opposition to the footbridge. MINUTES OF THE CITY COUNCIL Moorpark, California 2 April 21, 1986 Dan Schmidt, Post Office Box 3, said he has spoken with an Oxnard -based crane company. This company will provide an estimate for the charge to move the Piru Bridge and reassemble it in Moorpark. Leta Yancy- Sutton stated that the City is not buying the bridge. It will be purchased by the developer if it is part of the conditions of approval. She said she is in favor of moving forward with it. Dennis Delzeit said when the City accepts the improvement of the bridge, it would take over maintenance of the property. The maintenance on any bridge depends on the construction material of the bridge. MOTION: Councilmember Yancy- Sutton moved and Councilmember Prieto seconded a motion to direct staff to work with Mr. Palmer and the engineers to look at the concept of using the Piru Bridge as a footbridge across the Arroyo Simi with the condition that Mr. Palmer has to pay for it and staff to talk to Piru about acquiring the bridge. The motion carried by unanimous voice vote. 6. PUBLIC COMMENT: Tom Baldwin, 6475 Pepperdine, spoke regarding the newsstands that would display sexually explicit material. He appealed to the City Council to do whatever possible to prohibit these newsstands. He read a proposed ordinance from the City of Thousand Oaks. Victor Richard, 15750 -168 Los Angeles Avenue, spoke regarding the Piru Bridge. He indicated that if the bridge is acceptable to the City, it should be used for emergency vehicle use as well as a footbridge. 7. A. Conditional Use Permit No. Exploration and Production approval to drill an explc Location: Approximately 6,000 the intersection of Los Angeles View Avenue. CUP -4502 - Sun Company; Request ratory oil well. feet southwest of Avenue and College CONSENSUS: By consensus, the Council determined that this item will be continued to the regular City Council meeting to be held on May 5, 1986. MINUTES OF THE CITY COUNCIL Moorpark, California 3 B. Net vs. Gross Density April 21, 1986 Mayor Weak stated that this item is continued from March 19, 1986 and the Public Hearing remains opened. Richard Morton gave the staff report. Phil Vein, 6685 Princeton Avenue, spoke representing the Building Industry Association of Ventura County. He commended the City Attorney on the report that has been presented. He requested that the Council follow the recommendation of staff. Mayor Weak closed the public hearing. CONSENSUS: By consensus, the Council determined to receive and file the report. C. Amendment to Zoning Ordinance (A -85 -3) regarding Changes to Industrial Setback Requirements (Article 23) and to Parking and Loading and Unloading Space Requirements (Article 41). Richard Morton gave the staff report. He explained that the items would be presented in this order: industrial, residential and commercial aspects. Industrial MOTION: Councilmember Yancy- Sutton moved and Councilmember Woolard seconded a motion to approve the setbacks of the industrial portion as outlined in Exhibit 3 of the staff report. The motion carried by unanimous voice vote. Residential Parking Tom Zanic, 520 Broadway, Suite 100, stated that he agrees with the Planning Commission recommendation not to have compact spaces. He requested that regarding multi - family apartment dwellings for one bedroom, 1 -1/2 spaces should be allowed (1 covered and 1/2 uncovered); for two bedroom and larger, 2- 1/2 spaces should be allowed (2 covered and 1/2 uncovered) . For multi - family condominium dwellings for one bedroom, 2 spaces (1 -1/2 covered, 1/2 uncovered); for two bedroom and larger, 2 -1/2 spaces (2 covered and 1/2 uncovered). MINUTES OF THE CITY COUNCIL Moorpark, California 4 April 21, 1986 MOTION: Councilmember Yancy- Sutton moved and Councilmember Woolard seconded a motion to approve the Planning Commission recommendations adopted in Resolution No. PC- 86 -80. AMENDMENT TO THE MOTION: Councilmember Yancy- Sutton moved and Councilmember Woolard seconded an amendment to the motion to include if needed that the Planning Commission would have the option (or whoever the approving body is) to grant a variance in visitor parking spaces for individual projects. VOTE ON THE AMENDMENT: The amendment to the motion carried by unanimous voice vote. VOTE ON THE MAIN MOTION: The main motion as amended carried by unanimous voice vote. Commercial Parking Clare Short, 18768 -1/2 Ventura Blvd, Tarzana, spoke as a potential developer of property located at the northwest corner of High Street and Moorpark Road. He gave his support for the retention of the one space for each 300 square feet of gross floor area for office use that is in the Commercial zone. He suggested that the restaurant part require one parking space for each seat. He presented a diagram to the Council for their review. MOTION: Councilmember Prieto moved and Councilmember Ferguson seconded a motion to accept staff recommendation for restaurants to allow one space per 100 square feet of gross floor area; for medical offices to allow one space per 200 square feet of gross floor area; all other uses, except downtown, to allow one space per 300 square feet of gross floor area; downtown (High Street, Moorpark Road, to western end) to allow one space per 350 square feet of gross floor area. The motion carried by unanimous voice vote. Industrial Parking MOTION: Councilmember Yancy- Sutton moved and Councilmember Ferguson seconded a motion to accept staff recommendation to amend the industrial parking requirements to 1) 1 space per 300 square feet of gross floor area for office and Research and Development facilities, 2) 1 space for 1000 square feet of gross floor area for the first 20,000 square feet and 1 space MINUTES OF THE CITY COUNCIL Moorpark, California 5 April 21, 1986 for 2000 square feet when over 20,000 square feet for warehousing facilities, 3) change regular size parking stalls to 9 feet by 19 feet and industrial to be 8 -1/2 feet by 19 feet, 4) provide compact spaces 8 x 16 feet except in industrial which would have 7 -1/2 feet by 16 feet, the length to be reduced by 2 feet when overhanging landscaping or sidewalk when a minimum of 6 feet in depth; width to be increased by 1/2 foot when next to a wall, 5) 30% of uncovered spaces in residential and industrial facilities may be compact spaces. The motion carried by unanimous voice vote. Loading and Unloading Spaces in Office and Industrial Zones MOTION: Councilmember Yancy- Sutton moved and Councilmember Woolard seconded a motion to separate the office and industrial zone requirements. For office facilities under 30,000 square feet there would be no loading zone, from 30,000 to 50,000 square feet there would be one delivery van space, over 50,000 there would be two spaces. For industrial facilities under 5,000 square feet there would be no loading zones, 5,000 to 30,000 there would be one semi -truck zone and over 30,000 there would be two loading zones. The motion carried by unanimous voice vote. Commercial Parking MOTION: Councilmember Woolard moved and Councilmember Ferguson seconded a motion to require no loading zone for commercial facilities under 10,000 square feet, from 10,000 to 30,000 square feet one delivery van space, and 30,000 to 80,000 square feet two delivery van spaces and over 80,000 will require one delivery van and one semi - truck space. The motion carried by unanimous voice vote. CONSENSUS: By consensus, the Council directed staff to prepare an ordinance and bring it back to a meeting in two weeks. CONSENSUS: By consensus, the Council determined to consider item 8.F. next on the agenda. 8. ORDINANCES /RESOLUTIONS F. Resolution No. 86 -295 Designating Passenger Loading and Unloading Zone on Charles Street at Magnolia Avenue, at the Senior Citizens Housing Complex MINUTES OF THE CITY COUNCIL Moorpark, California 6 April 21, 1986 Bettie J. Marvin, 344 Charles Street #21, spoke as a resident of Tafoya Terrace Senior Citizens complex. She stated her support of the passenger loading and unloading zone. She said the parking in front of the complex should either be time limited or a loading and unloading zone should be provided because some autos park there for extended periods of time and it restricts the residents' temporary parking for loading and unloading. Lieutenant Brown recommended that the Council may want to consider two -hour parking and have it painted and striped to allow for the diagonal parking that the Senior Citizens are requesting. MOTION: Councilmember Yancy- Sutton moved and Councilmember Woolard seconded a motion to adopt Resolution No. 86 -295 deleting the word "Passenger" and changing it to read "Establishing a 20- Minute Loading and Unloading Zone at the Senior Citizens Housing Complex on Charles Street ", the zone to be located on the south side of Charles Street, from 25 feet east of Magnolia Avenue to approximately 100 feet east of Magnolia Avenue. The motion was carried by unanimous voice vote. AT THIS POINT in the meeting, Mayor Weak called a ten - minute recess. 7. D. Housing Element of General Plan (Continued from April 7, 1986 Frank Wein, Director of Planning Services, with Michael Brandman Associates, Inc. gave a history of how the present draft version of the housing element has evolved into what the Council has been provided. He stated that the purpose of tonight's hearing is to address any Council or public concerns that are remaining. In addition, he stated that this is the first City - prepared element of the General Plan. He said this element does have a five -year update requirement. Mayor Weak opened the public hearing. There being no speakers, the Mayor closed the public hearing. MINUTES OF THE CITY COUNCIL Moorpark, California 7 April 21, 1986 MOTION: Councilmember Yancy- Sutton moved and Councilmember Prieto seconded a motion to approve the Housing Element and direct staff to prepare the appropriate resolution for adoption at the first Council meeting of June. The motion carried by unanimous voice vote. 8. A. Resolution No. 86 -296, Adopting Findings Relative to Significant Effects Identified in the Final EIR for Planned Community No. 3 (The Development Agreement). Councilmember Yancy- Sutton stepped down from the dais due to a possible conflict of interest. Ms. Kane indicated a typographical error that, Page 2, paragraph c., should be prefaced by "Explanation:" then begin "Consideration of use...." MOTION: Councilmember Ferguson moved and Councilmember Woolard seconded a motion to approve Resolution No. 86- 296 as amended by the City Attorney. The motion carried by unanimous voice vote, Councilmember Leta Yancy- Sutton absent for the vote. B. Adopt Ordinance No. 69 Approving Development Agreement for PC -3 Tom Baldwin, 6475 Pepperdine, commented that the vote on the growth issue should be in November. He commented further that certain Councilmembers are responsible for trying to "get around" having the ordinance on the ballot in November. Cheryl Kane read the ordinance title. MOTION: Councilmember Prieto moved and Councilmember Ferguson seconded a motion to read the ordinance by title only. The motion carried by voice vote, 4 -0, Councilmember Yancy- Sutton absent for the vote. MOTION: Councilmember Ferguson moved and Councilmember Woolard seconded a motion to adopt Ordinance No. 69. The motion carried by roll call vote, 4 -0, Councilmember Yancy- Sutton absent for the vote. C. Introduce Ordinance No. 70 regarding Subdivision Improvement Fees and Reimbursements MINUTES OF THE CITY COUNCIL Moorpark, California 8 April 21, 1986 Cheryl Kane read the ordinance title. MOTION: Councilmember Woolard moved and Councilmember Ferguson seconded a motion to read the ordinance by title only. The motion carried by voice vote, 4 -0, Councilmember Yancy- Sutton absent for the vote. MOTION: Councilmember Woolard moved and Councilmember Ferguson seconded a motion to waive further reading and declare the ordinance introduced for first reading. The motion carried by roll call vote, 4 -0, Councilmember Yancy- Sutton absent for the vote. Councilmember Yancy- Sutton returned to the dais. D. Introduce Ordinance No. 71 regarding Amendment to Animal Regulations Cheryl Kane read the ordinance title. MOTION: Councilmember Woolard moved and Councilmember Yancy- Sutton seconded a motion to read the ordinance by title only. The motion carried by unanimous voice vote. MOTION: Councilmember Yancy- Sutton moved and Councilmember Prieto seconded a motion to waive further reading and declare the ordinance introduced for first reading. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, Mayor Weak declared a five- minute recess. E. Resolution No. 86 -297 Approving General Plan Amendment No. GPA -85 -4, Tract No. TR -4147, and Residential Planned Development Permit No. RPD -1049 (Villa Campesina) MOTION: Councilmember Yancy- Sutton moved and Councilmember Prieto seconded a motion to adopt Resolution No. 86 -297 approving General Plan Amendment No. GPA -85 -4, Tract No. TR -4147, and Residential Planned Development Permit No. RPD -1049. The motion carried by unanimous voice vote. G. Resolution No. 86 -298 Approving Development Plan No. DP -320 (Kurt Hillgruber - F. E. Financial Ltd. MINUTES OF THE CITY COUNCIL Moorpark, California 9 April 21, 1986 MOTION: Councilmember Yancy- Sutton moved and Councilmember Prieto seconded a motion to adopt Resolution No. 86 -298. The motion carried by unanimous voice vote. H. Resolution No. 86 -299 Approving Development Plan No. DP -322 (Franz Wolf - F. E. Financial, Ltd.) MOTION: Councilmember Prieto moved and Councilmember Yancy- Sutton seconded a motion to adopt Resolution No. 86 -299. The motion carried by unanimous voice vote. I. Resolution No. 86 -300 Initiating Proceedings to Amend the County Ordinance Code and the Moorpark Municipal Code Reaardina Sian Reauirements MOTION: Councilmember Prieto moved and Councilmember Ferguson seconded a motion to adopt Resolution No. 86 -300 initiating proceedings to amend the Moorpark Municipal Code and Zoning Code regarding sign provisions. The motion carried by unanimous voice vote. 9. COMMENTS FROM COUNCILMEMBERS: Councilmember Woolard commented that there is a problem in the Town Center especially at Thrifty and Hughes with the delivery trucks parking in front of the stores or in the angle parking spaces that are too small to accommodate them. He suggested a letter be sent from the City advising the merchants that their vendors must load and unload at the rear. In response to Councilmember Yancy- Sutton, Doris Bankus said she will be requesting the Fair Political Practices Commission to place the City on the mailing list for the FPPC monthly bulletins. Mayor Weak stated there is a stop sign at Princeton and Campus Park Drive that is totally faded out. It needs to be corrected. He also said the City needs to pursue the signal on Condor Drive at State Route 118. 10. STAFF REPORTS - ACTION ITEMS A. Code Enforcement Report (verbal) An overview of the last seven months' activity of Code Enforcement violations was given. There were MINUTES OF THE CITY COUNCIL Moorpark, California 10 April 21, 1986 465 violations reported of which 85% of them have been abated and the remaining ones are being corrected. There are several who are not complying and one matter has been referred to the Planning Commission, City Council and City Attorney. He discussed six different situations that are of concern to the City: 1. Damaged, Inoperative and Illegally Parked Vehicle Three hundred and fifty vehicles have been made operational or sold by the owner and the problems resolved. The remaining one hundred vehicles have been removed to Coast Auto Salvage with the cooperation of the Sheriff's Department. 2. Coast Auto Salvage The owners of Coast Auto Salvage have complied with the Council Resolution No. 85 -277 requiring them to a) abate the auto salvage and dismantling business, b) remove all salvage vehicles from the premises, and c) screen the property from public view. 3. Home Occupations A Home Occupation ordinance is being prepared and will be presented to the Planning Commission in the future. This ordinance will specifically establish criteria for compliance prior to a home occupation clearance being issued. 4. Community Park Known as PC -3 Aged structures and debris have been removed from the site. 5. Sign The signs on High Street are the first ones that are being reviewed. Owners of the property are being contacted to remove old signs and replace with new ones. The sign ordinance is being reviewed with them for compliance. MINUTES OF THE CITY COUNCIL Moorpark, California 11 April 21, 1986 6. Temporary Agricultural /Horticultural Stand on L. A. Avenue The owners' operation at this time, from a land use standpoint and a health standpoint, meets all requirements of the R -1 zone, except that all products are not grown on the site. Council might consider a mandate requirement that items must be specifically grown on the site to be sold at a stand and the alternative would be to direct Code Enforcement to issue a cease order if this was not the case. He said there are nine zones that permit the temporary food stands. All conditions on the zones are identical. MOTION: Councilmember Yancy- Sutton moved and Councilmember Ferguson seconded a motion to allow this temporary agricultural /horticultural stand to exist and direct staff to put together language that would address this situation and future situations and problems that may come from this type of use. The motion carried by unanimous voice vote. B. Report Regarding Newsracks Cheryl Kane requested City Council to consider adjourning to a closed litigation session under 54956.9(b) (2) and if the necessary findings are made under that section, continue under subsection (b) (1) . MOTION: Councilmember Yancy- Sutton moved and Councilmember Ferguson seconded a motion to adjourn to Closed Session under 54956.9(b)(2). The motion carried by unanimous voice vote. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager and Cheryl Kane, City Attorney. The Council reconvened into Open Session. Ms. Kane stated there was no action to report out of Closed Session. Ms. Kane gave the staff report. She explained that the State Legislature has just recently amended the definition of the word "obscenity" effective January 1, 1987 to bring it in line with the MINUTES OF THE CITY COUNCIL Moorpark, California 12 April 21, 1986 Federal definition. With this new definition, it will be easier to bring prosecution for obscenity. The City Attorney of Thousand Oaks will be meeting with the District Attorney next week to review some of the material that has been appearing in newsracks in that City. The outcome of that discussion will be significant in terms of not only Thousand Oaks, but the situation in Moorpark, also, as to what the District Attorney's position will be as far as prosecution is concerned. Ms. Kane requested some direction as to whether or not Council wants her to prepare an ordinance similar to the Camarillo ordinance. Mayor Weak called the public speakers at this time. 1. Joe Intiso, Villa del Arroyo Mobile Home Park, spoke representing the Holy Cross Parish. He requested the Council to be responsive and pass a strong ordinance to prohibit all pornographic material from being displayed and sold in Moorpark. 2. Dion Lefler, spoke representing the News Chronicle, 2595 Thousand Oaks Blvd, Thousand Oaks, questioned under what item the Council convened into Closed Session and stated that the Closed Session memo, prepared by the City Attorney, should be disclosed to the public. Ms. Kane disagreed and asked Mr. Lefler what statute specifically states that this must be done. No response was provided. CONSENSUS: By consensus, the Council determined that the City Attorney will prepare a draft newsrack ordinance based on the one from the City of Camarillo and incorporating portions of the Downey ordinance, to be brought back at the next regular meeting for Council consideration. Also, Moorpark's City Attorney will contact the City Attorney of Thousand Oaks to request inclusion in discussions with the District Attorney regarding this subject. C. Caren Traffic Study Costs Dennis Delzeit gave the staff report. MINUTES OF THE CITY COUNCIL Moorpark, California 13 April 21, 1986 Mayor Weak called for public speakers. John Newton, 165 High Street, #204, spoke representing Dr. Caren. He shared some additional information and said he does not believe his applicant should be paying for any additional costs related to the traffic study. CONSENSUS: By consensus, the Council determined that City staff will investigate to see what party is responsible (City or applicant) for certain costs incurred and items that were not accomplished as they were understood to be. The item will be brought back to Council in two weeks. D. Installation of "KEEP CLEAR" Package on Moorpark Avenue at Poindexter Avenue Dennis Delzeit gave the staff report. CONSENSUS: By consensus, the Council determined to defer action until more information is provided by CalTrans regarding a proposed overlay project that is scheduled for this intersection. E. Report from Parks and Recreation Commission regarding Smoking in Community Center (Continue to May 5, 1986) CONSENSUS: By consensus, the Council determined to continue this item until May 5, 1986. F. Extension of Street Sweeping Contract Dennis Delzeit gave the staff report. MOTION: Councilmember Leta Yancy- Sutton moved and Councilmember Ferguson seconded a motion to approve the extension of the Street Sweeping Contract with EMARD Power Sweep. The motion was carried by unanimous roll call vote. 11. STAFF REPORTS - INFORMATION ITEMS A. Population Growth Forecast - Air Quality Management Plan Mr. Kueny indicated that this is a transmittal of information that was provided to the Planning Commission. He also said that Wednesday evening a MINUTES OF THE CITY COUNCIL Moorpark, California 14 April 21, 1986 representative from the Ventura County Resource Management Agency (Planning Division) , Bruce Smith, will be available to discuss the County -wide growth plans and potential population considerations. CONSENSUS: By consensus, the Council determined to adjourn this Council meeting to Wednesday, April 30, to enable the City Councilmembers to meet jointly with the Planning Commission for a discussion of the proposal to adjust population. B. Citizen's Complaint: Vacant Lot on Second Street near Bard Lt. Brown gave the staff report. He stated that the owner of the property has promised to post signs of no trespassing and no loitering on the property. This has not been done as of this date. The Sheriff's Department will monitor the situation. CONSENSUS: By consensus, the Council determined to receive and file the report. C. Tierra Reiada Road - Peach Hill Road - 3 -Way Stop Sign Warrant Study Dennis Delzeit gave the staff report. CONSENSUS: By consensus, the Council determined to receive and file the report. D. Report Regarding Asbestos Cement Pipe Dennis Delzeit gave the staff report. CONSENSUS: By consensus, the Council determined to receive and file the report and request the City Engineer to provide additional information regarding the installation and use of alternate types of pipe. E. Alignment Study - Highway 118 through Virginia Colony Area Dennis Delzeit gave the staff report. CONSENSUS: By consensus, the Council determined to receive and file the report. MINUTES OF THE CITY COUNCIL Moorpark, California 15 F. Flood Control Fees in Moorpark April 21, 1986 Dennis Delzeit gave the staff report. CONSENSUS: By consensus, the Council determined to receive and file the report. G. Rubberized Railroad Crossings Dennis Delzeit gave the staff report. CONSENSUS: By consensus, the Council determined to receive and file the report and request more information from the State Controller's office regarding the funding of the crossings. H. Drainage Structure along Moorpark Road South of Highway 118 Dennis Delzeit gave the staff report. CONSENSUS: By consensus, the Council determined to receive and file the report. I. General Services Agreement with County - Termination of Planning and Graphics Services CONSENSUS: By consensus, the Council determined to receive and file the report. J. Update on Residential /Industrial /Commercial Development CONSENSUS: By consensus, the Council determined to receive and file the report. 12. CONSENT CALENDAR: A. Approval of Warrant Register Prepaid Warrants No. 3160 through 3185 $ 38,087.54 Payable Warrants No. 3186 through 3227 $ 121,304.56 B. Agreement to Construct Improvements and Agreement to Defer construction of Improvements for DP -324 (F.E. Financial LTD.) MINUTES OF THE CITY COUNCIL Moorpark, California 16 April 21, 1986 C. Planning Services Agreement with McClelland Engineers, Inc. regarding Planned Development No. PD -1014 (Revised) and LDM -9 (G.H. Palmer and Associates) MOTION: Councilmember Ferguson moved and Councilmember Yancy- Sutton seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. 13. FUTURE AGENDA ITEMS None. 14. ADJOURNMENT MOTION: Councilmember Woolard moved and Councilmember Prieto seconded a motion to adjourn the meeting to a joint meeting with the Planning Commission on April 30, 1986 at 7:00 p.m. Mayor ATTEST: