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HomeMy WebLinkAboutMIN 1986 0602 CC REGMINUTES OF THE CITY COUNCIL 799 Moorpark Avenue Moorpark, California A Regular Meeting of the City Council of the City of Moorpark was held on June 2, 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 7:05 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Albert Prieto. 3. ROLL CALL: Present: Councilmembers Albert Prieto, Thomas Ferguson, Leta Yancy- Sutton and Mayor Weak. Steven Kueny, City Manager; John Knipe, Assistant 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 Absent: Councilmember Danny Woolard 4. APPROVAL OF MINUTES: A. Regular Meeting of March 17, 1986 MOTION: Councilmember Yancy- Sutton moved and Councilmember Ferguson seconded a motion to approve the minutes. The motion carried by unanimous voice vote. B. Regular Meeting of May 19, 1986 MOTION: Councilmember Yancy- Sutton moved and Councilmember Prieto seconded a motion to approve the minutes with the amendment to page 4, the title to read "easterly City limits" instead of "City limits ". The motion carried by unanimous voice vote. 5. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: Special Peace Message Presentation was given by Joan Yazdani of the Bahai' Faith, 1190 Cambria Court, Camarillo. Minutes of the City Council 2 June 2, 1986 Councilmember Woolard joined the meeting at 7:10 p.m. 6. PUBLIC COMMENT: A. Paul Smith, 12686 Country Meadow Road, read a letter addressed to the City Council regarding growth management in Moorpark and requesting the City Council to draft an alternate Growth Management Initiative to be placed on the November ballot. B. Eloise Brown, 13193 E. Annette Street, spoke regarding the planned closure of Moorpark Road on behalf of the residents of Peach Hill. C. Dean Newman, 15750 -120 Los Angeles Avenue, spoke representing the College Park Neighborhood Council. He urged the Council to place an alternative to Measure "A ", the growth control initiative, on the November 4, 1986 ballot. 7. PUBLIC HEARINGS: A. Moorpark Lighting Maintenance Assessment District No. AD -84 -2 Fiscal Year 1986 -1987 - Resolution No. 86- Confirming Assessment for Fiscal Year 1986- 1987 Mr. Kueny gave the staff report. Mayor Weak opened the public hearing and the City Clerk presented affidavits of publication and stated there were no written communications received. James Hartley, 5950 Gabbert Road, stated that he personally does not care to have street lighting where he lives (in a rural portion of the City) and does not want to be assessed for it. He said he supports the landscape maintenance assessment and does not oppose paying for city -wide landscaping equally with other property owners. E. R. Peters, 7155 Walnut Canyon Road, spoke in opposition to the AD -84 -2 assessment. He asked why he must be paying double assessments because of the property he owns. Minutes of the City Council 3 June 2, 1986 Joe Intiso, 15750 Los Angeles Avenue, spoke in favor of parity as the basis for lighting assessments. He said he is not opposed to the Assessment District 84 -2, but he said the question of parity presents a logical argument for more fairly assessing the cost. There being no other speakers for this public hearing item, Mayor Weak closed the public hearing. MOTION: Councilmember Leta Yancy- Sutton moved and Councilmember Woolard seconded a motion to accept the staff recommended amount of $163,366 to be spread in this assessment district next year. The classification of "single- family residential no light" will be included in the adjustment made at that time. The motion carried 4 -1, Councilmember Ferguson dissenting. MOTION: Councilmember Yancy- Sutton moved and Mayor Weak seconded a motion that the public hearing remain open and that this item be continued to the June 16, 1986 meeting of the City Council. The motion carried by unanimous voice vote. B. Parks Maintenance Assessment District No. AD -85 -1; Fiscal Year 1986 -1987 Resolution No. 86- Confirming Assessment for Fiscal Year 1986 -1987 Mr. Kueny gave the staff report. Mayor Weak opened the public hearing and the City Clerk presented the affidavits of publication and stated there were no written communications. MOTION: Councilmember Yancy- Sutton moved and Councilmember Woolard seconded a motion to continue this item to June 16, 1986. The motion carried by unanimous voice vote. AT THIS POINT IN THE MEETING, a recess was called. The time was 8:10 p.m. The City Council meeting reconvened into open session at 8:20 p.m. Minutes of the City Council 4 June 2, 1986 C. Planned Development Permit No. PD -1051 (Lincoln Property Company) - Requesting approval of a residential development containing 136 residential rental units The proposed protect is located on the east side of Moorpark Road immediately north of "Park Springs" a 128 unit condominium protect, aooroximately 500 feet north of Los Angeles Avenue. The staff report was given by Diane Eaton. Mayor Weak opened the public hearing. The City Clerk presented the affidavits of publication and stated there were no written communications. John Luedtke, 4567 Telephone Road, Suite 201, Ventura, spoke representing the applicant, Lincoln Property Company. He introduced the architect and the engineers involved in the project. Scott Ellinwood, 3639 Harbor Blvd #205, Ventura, spoke representing the architect firm for the Lincoln Property project. He gave a slide presentation of the layout of the proposed project. Tom Slimocosky, 23283 Ventura Blvd., Woodland Hills, spoke representing The Slimocosky Partnership, the landscape architect for this project. He explained the entry landscape treatment and proposed landscaping throughout the project. Robert Warren, 1881 Knoll Drive, Ventura, representing Ramseyer & Associates, the traffic engineer for the project. He explained the changes that are being proposed to make traffic flow into Roberts Avenue from Moorpark Road much smoother. He did not support the installation of a traffic light at the entrance to the project. Jack Dwyer, 641 Kendale Lane, Thousand Oaks, spoke as a commercial /industrial real estate broker. He stated his support for the housing project and said it will help fulfill a need in the county for good quality entry -level housing. Paul Coyle, 15750 Los Angeles Avenue spoke as the Director of Maintenance Facilities and Operations for the Simi Valley Unified School District. He questioned if the Moorpark Unified School District Minutes of the City Council 5 June 2, 1986 had any negative comments on the environmental impact report and if there is a crossing guard at the proposed entrance to this project. Diane Eaton responded yes to both questions. He voiced his concern about the students who will be crossing the street at the entrance of this project. He said he feels there needs to be a traffic control device in addition to the crossing guard. Mayor Weak closed the public hearing. MOTION: Councilmember Yancy- Sutton moved and Councilmember Prieto seconded a motion to approve the Negative Declaration for PD -1051. The motion carried by unanimous voice vote. MOTION: Councilmember Yancy- Sutton moved and Councilmember Prieto seconded a motion to approve PD 1051 as revised in the resolution of approval No. 86 -317 to be brought back to the Council on June 16, 1986. The motion carried by unanimous voice vote. AT THIS POINT IN THE MEETING, the Mayor declared a recess. The time was 9:30 p.m. The meeting reconvened at 9:50 p.m. D. Changes to the General Plan and Zoning Ordinance - Amend the Land Use Element of the General Plan and the Moorpark Zoning Ordinance to provide that "maximum average" density may be obtained only under certain conditions and circumstances which would be applied to each project to determine the same; further, amend the Land Use Element of the General Plan and the Moorpark Zoning Ordinance in various particulars to determine to which rural zoning designations the density average provisions apply. (Proposed General Plan Amendments to be component of GPA- 86 -1). Richard Morton gave the staff report. Bob Crockford, 7189 Walnut Canyon Road, spoke in opposition to clustering of dwelling units in proposed projects. He said it will change the character of the developments in Moorpark and is a negative consideration. Minutes of the City Council 6 June 2, 1986 Eddie Ramseyer, 1881 Knoll Drive, Ventura, spoke representing Ramseyer & Associates. He expressed his favor of clustering in developments and how it can be used to advantage in the City of Moorpark. E. R. Peters, 7155 Walnut Canyon Road, stated that if clustering is allowed, conditions must be put in place to ensure that the open space will remain open space. Mayor Weak closed the public hearing. TENTATIVE VOTE: A tentative vote was taken on the changes to the General Plan so that the change requiring a Specific Plan on the Carlsberg Property (if approved) can be incorporated into one action. The vote was unanimous. MOTION: Councilmember Woolard and Councilmember Yancy- Sutton seconded a motion to approve the Negative Declaration and adopt the amendment to the Zoning Ordinance (A- 86 -1). The motion carried by unanimous voice vote. E. Amendment the Land Use Element of the General Plan to add the words "required approval of a Specific Plan" to the "Residential Low Density" land use designation on that property bounded on the north by the Arroyo Simi and New Los Angeles Avenue, on the west by Moorpark Road, on the south by Tierra Relada Road, and on the east by the 23 Freeway. (Proposed General Plan Amendment to be component of GPA- 86 -1). Richard Morton gave the staff report. Mayor Weak opened the public hearing. The City Clerk stated that the public hearing had been advertised as required and that no notices were required to be mailed. Glen Gessford, spoke representing the Carlsberg Corporation, stating that they will fund the study to make it possible for the Specific Plan to be developed and processed. He stated that the Carlsberg Corporation endorses the staff recommendation for this property to require a Specific Plan. Mayor Weak closed the public hearing. Minutes of the City Council 7 June 2, 1986 MOTION: Councilmember Yancy- Sutton moved and Councilmember Prieto seconded a motion to approve the Negative Declaration amending the change to the Land Use Map of the Land Use Element of the General Plan. The motion was carried by unanimous voice vote. MOTION: Councilmember Yancy- Sutton moved and Councilmember Prieto seconded a motion to approve the change of the Land Use Map designation on subject property to include the words "requires a Specific Plan" and direct staff to prepare a resolution to amend the General Plan to include the changes and bring it back for approval. The motion carried by unanimous voice vote. AT THIS POINT IN THE MEETING, the Mayor declared a ten minute recess. The time was 10:40 p.m. The meeting reconvened at 10:50 p.m. 8. ORDINANCES /RESOLUTIONS A. Introduce Ordinance No. 73 Amending the Moorpark Municipal Code regarding Prohibited Parking or Stopping. Ms. Kane read the ordinance title. MOTION: Councilmember Woolard moved and Councilmember Ferguson seconded a motion to read the ordinance in title only and waive further reading. The motion carried by unanimous voice vote. MOTION: Councilmember Woolard moved and Councilmember Ferguson seconded a motion to introduce the ordinance as read. The motion carried by unanimous voice vote. B. Introduce Ordinance No. 74 Amending Zoning Ordinance in Various Particulars Relating to Setbacks, Parking Requirements and Loading and Unloading Spaces. Ms. Kane read the Ordinance title. Minutes of the City Council 8 June 2, 1986 MOTION: Councilmember Woolard moved and Councilmember Ferguson seconded a motion to read the ordinance in title only and waive further reading. The motion carried by unanimous voice vote. MOTION: Councilmember Prieto moved and Councilmember Ferguson seconded a motion to introduce the ordinance as read. The motion carried by unanimous voice vote. AT THIS POINT IN THE MEETING, Mayor Weak stated that the time was 11:15 p.m. and Council should consider reordering of the agenda. MOTION: Councilmember Yancy- Sutton moved and Councilmember Ferguson seconded a motion to continue with the agenda as presented and to not reorder at this time. The motion carried by unanimous voice vote. C. Adopt Resolution No. 86- , Approving Development Plan No. DP -334 (Bel Air Sheet Tube) Mayor Weak stated that this item will be continued until June 16. D. Adopt Resolution No. 86- Denying Conditional Use Permit No. CUP -402 (Sun Exploration and Production Company. Mr. Kueny stated that staff recommends continuance so that the resolution can be re- drafted. BY CONSENSUS: By consensus the Council determined to continue the item to June 16, 1986. E. Resolution No. 86 -306B Adding Major Modification Procedures for Industrial Occupancies where Hazardous Materials or Waste if Identified to Resolution No. 86 -276 (Permit Approval Processes) . Mr. Kueny gave the staff report. MOTION: Councilmember Yancy- Sutton moved and Councilmember Woolard seconded a motion to approve Resolution No. 86 -306B. The motion was carried by unanimous voice vote. Minutes of the City Council 9 June 2, 1986 F. Resolution No. 86 -307 Approving Housing Element of the General Plan MOTION: Councilmember Yancy- Sutton moved and Councilmember Woolard seconded a motion to approve Resolution No. 86 -307. The motion was carried by unanimous voice vote. G. Resolution No. 86 -308 Calling and Giving Notice of General Municipal Election to be held November 4, 1986 for the Election of certain Officers of the City. MOTION: Councilmember Ferguson moved and Councilmember Woolard seconded a motion to approve Resolution No. 86 -308. The motion was carried by unanimous voice vote. H. Requesting the Board of Supervisors of Ventura County to Consolidate General Municipal Election of November 4, 1986 with Statewide General Election to be Held on Same Date. (Resolution No. 86 -309) MOTION: Councilmember Prieto moved and Councilmember Ferguson seconded a motion to approve Resolution No. 86 -309. The motion was carried by unanimous voice vote. I. City Clerk's Report re Referendum Petition Protesting Adoption of Ordinance No. 69 (Approving Development Agreement with UWC Moorpark Investors - Planned Community No. 3) The City Clerk gave the staff report. MOTION: Councilmember Yancy- Sutton moved and Councilmember Woolard seconded a motion to receive and file the Clerk's certification regarding the referendum petition. The motion carried by unanimous voice vote. The City Clerk stated that the next order of action is to reconsider Ordinance No. 69, either repealing it in its entirety or submitting the Ordinance to the voters of the City by adoption of a Resolution. MOTION: Councilmember Yancy- Sutton moved and Councilmember Ferguson seconded a motion to adopt Resolution 86 -310 Calling Special Election to be Held on November 4, 1986 for submission of Measure to Electors of the City; and Requesting Board of Minutes of the City Council 10 June 2, 1986 Supervisors to Consolidate with Statewide General Election to be held on same date. The motion carried by unanimous voice vote. The City Clerk stated that the next order of action is to consider adoption of a resolution authorizing filing of written argument and indicate how many members of the Council will prepare the argument and sign it. MOTION: Councilmember Yancy- Sutton moved and Councilmember Ferguson seconded a motion to adopt Resolution 86 -311 authorizing any Councilmembers to file a written argument for approval of measure. The motion carried by unanimous voice vote. City Clerk stated that the next order of business would be to adopt a resolution directing the City Attorney to prepare the impartial analysis for any City measure on the ballot for November 4. MOTION: Mayor Weak moved and Councilmember Ferguson seconded a motion to adopt Resolution 86- 312 directing the City Clerk to transmit to the City Attorney a copy of each City measure to appear on the ballot for the November 4, 1986 election, with the direction that the City Attorney prepare an impartial analysis of each such measure. The motion carried by unanimous voice vote. J. Resolution No. 86 -313, Establishing "NO PARKING ANY TIME" Zone on west side of Moorpark Avenue from Poindexter Avenue to northerly limit of existing "NO PARKING ANY TIME" Zone at approximately 900 feet north of Los Angeles Avenue. MOTION: Councilmember Woolard moved and Councilmember Yancy- Sutton seconded a motion to approve resolution no. 86 -313. The motion carried by unanimous voice vote. 9. COMMENTS FROM COUNCILMEMBERS: Mayor Weak said it is 11:15 p.m. and is time to reorder the agenda if Council chooses to do so. MOTION: Councilmember Yancy- Sutton moved and Councilmember Ferguson seconded a motion to continue with all the items on the agenda. The motion carried by unanimous voice vote. Minutes of the City Council 11 10. June 2, 1986 Councilmember Prieto said he would like staff to prepare a report on a Council policy that all future tentative maps will include all grading proposed for that project whether it is a main project or borrowed site. If the tentative map at the time of preparation of final construction approval deviates from this, it should be a policy as to whether it should go back to planning staff or planning commission or even back to Council. BY CONSENSUS: By consensus, the Council determined to have staff prepare a draft policy to come back to the Council. Councilmember Prieto also asked what is the status of the hillside grading ordnance. Mr. Kueny said a subcommittee of the Planning Commission is working on the ordinance. Councilmember Yancy- Sutton announced that there will be a fundraiser dance for medical expenses and /or a scholarship fund to be established at Moorpark High School in the name of Robert Rasey. The dance will be held at the Community Center June 13 after the high school graduation from 9 p.m.- 12 midnight. Councilmember Woolard asked the status of the grading permit with Warmington Homes. Dennis Delzeit responded that the City Engineer's office is prepared to issue the grading permit as soon as the bonds are submitted. BY CONSENSUS: By consensus, the Council agreed to include on the agenda, when it is known ahead of time, that a Closed Session will be held after the Open Meeting. A. Tentative Tract Map No. 3963 and Planned Development Permit No. PD -1041 (Griffin Development Company) 1. Approval of final design of portion of Collins Drive 2. Minor Modification AT THIS POINT IN THE MEETING, Councilmember Yancy- Sutton left the dais due to a conflict of interest. BY CONSENSUS: By consensus, the Council chose to consider the minor modification first. Minutes of the City Council 12 June 2, 1986 Julie Hunt, of McClelland Engineers, gave the staff report. Councilmember Woolard said that he has received complaints about difficulties with homes built by Griffin Homes. He said until these are resolved, he will not take action one way or the other. Elaine Freeman, 24005 Ventura Blvd, Calabasas, spoke representing Griffin Homes. She said Griffin Homes has contacted all homeowners who had problems and have corrected all problems which were brought to their attention even if the homes were no longer under warranty. She asked to be made aware of any new list of names that have not been called to Griffin's attention. MOTION: Councilmember Prieto moved and Mayor Weak seconded a motion to approve the final design of Collins Drive as redesigned by applicant to provide a sidewalk along its easterly side, between the southerly tract boundary and "C" Street. A Class II bike lane (within the street right -of -way) will be provided along this segment of Collins Drive. A Class I bike path (separate right -of -way) shall be located along Collins Drive between "C" Street and the northern boundary of the tract. The motion failed 2 -2, Councilmembers Ferguson and Woolard dissenting. MOTION: Councilmember Woolard moved and Councilmember Ferguson seconded a motion to continue this item to the next regular meeting so a determination could be made as to whether Griffin Homes has resolved the problems with their homeowners and also the design of Collins Drive can be further studied by Councilmembers. The motion carried 3 -1 with Mayor Weak dissenting. Councilmember Yancy- Sutton returned to the dais. B. Los Angeles Avenue Area of Contribution Dennis Delzeit gave the staff report. MOTION: Councilmember Yancy- Sutton moved and Councilmember Prieto seconded a motion to approve the revisions to the Los Angeles Area of Contribution as presented the change being to footnote 2 on page 4, to read "One third is to be paid by the Moorpark Road /Tierra Rejada Road Area Minutes of the City Council 13 June 2, 1986 of Contribution" instead of "One third is to be paid by a developer ". The motion carried by unanimous voice vote. C. Proposed 1986 Moorpark Single Family Mortgage Revenue Bond Issue - Refund of Program Deposit Mr. Kueny gave the staff report. MOTION: Councilmember Yancy- Sutton moved and Councilmember Woolard seconded a motion to authorize termination of the Program Deposit Agreement with Urban West Communities and return of the program deposits for the proposed 1986 Single Family Mortgage Revenue Bond Issue, less $100. The motion carried by unanimous voice vote. D. Use of Gas Tax Funds for Installation of Rubberized Railroad Crossings and for Maintenance Purpose on a State Highway Mr. Kueny gave the staff report, stating that no action is required by Council at this time. This matter can be reviewed by City Council as part of the annual budget review process. E. Report regarding Joint Powers Insurance Authority Tom Genovese gave the staff report. MOTION: Councilmember Yancy- Sutton moved and Councilmember Prieto seconded a motion to 1) proceed with the requirements necessary for re- insurance and have staff bring them back to Council, and 2) notify the Santa Barbara Area Joint Powers Authority of the City's intentions and file the necessary paperwork for the City to consider evaluation of possible membership into the SBAJPA should it be necessary. The motion carried by unanimous voice vote. F. Existing Studies within the Central City Master Drainage Study Area Mr. Kueny gave the staff report. MOTION: Councilmember Yancy- Sutton moved and Councilmember Woolard seconded a motion to direct the City Engineer to proceed with the proposed work outlined in the Downtown Area Drainage Study. The motion carried by unanimous voice vote. Minutes of the City Council 14 June 2, 1986 G. Transmittal of Proposed 1986 -87 Fiscal Year Budget Mr. Kueny recommended that the Council consider referring the budget to the Budget Committee, and setting aside one or two days for an adjourned meeting(s) to discuss the budget. BY CONSENSUS: By consensus, the Council agreed to adjourn the present meeting to June 9, 1986 at 5 p.m. for discussion of the 1986 -87 Fiscal Year Budget. 11. STAFF REPORTS - INFORMATION ITEMS A. Kavlico Grading Dennis Delzeit reviewed the information given to Councilmembers concerning completion of the grading work at the Kavlico project site. BY CONSENSUS: By consensus, the Council agreed to receive and file the report. B. Tentative Schedule - Elements of the General Plan Richard Morton stated that the Planning Commission meeting regarding the noise element of the general plan will be on July 9, 1986 instead of June 25, 1986. Additionally, the noise element discussions will be scheduled for the City Council meeting of August 4, 1986 instead of July 21, 1986 as stated in the staff report. BY CONSENSUS: By consensus, the Council agreed to receive and file the report. C. Moorpark Avenue Improvements at High Street (PD- 1048 Dennis Delzeit gave the staff report regarding the construction of curb and gutter along Moorpark Avenue at High Street. MOTION: Councilmember Yancy- Sutton moved and Councilmember Woolard seconded a motion to defer this item for budget consideration. The motion carried by unanimous voice vote. Minutes of the City Council 15 June 2, 1986 12. CONSENT CALENDAR A. Approval of Warrant Register B. Application for Leave to File Late Claim and Claim for Damages - Liberty Mutual Insurance for Joseph Gillette - Recommend Denial C. Claim for Wrongful Death - Richard Shepard - Recommend Denial MOTION: Councilmember Woolard moved and Councilmember Ferguson seconded a motion to approve the Consent Calendar. The motion was carried by unanimous roll call vote. Mayor Weak recognized one public speaker prior to Closed Session. Dion Lefler, 2595 Thousand Oaks Blvd, Thousand Oaks, spoke representing the News Chronicle newspaper. He requested that if the item regarding the Moorpark Road closure can be discussed in Open Session without prejudicing the Council's position, it should be to be in compliance with the Brown Act. 13. FUTURE AGENDA ITEMS There were none discussed. 14. CLOSED SESSION: MOTION: Councilmember Yancy- Sutton moved and Councilmember Prieto seconded a motion to adjourn to Closed Session under Government Code Section 54956.9(b)(2). If a determination is made that Closed Session is warranted after review of that Code Section, the Council will continue in Closed Session under (b) (1) . The motion carried by unanimous voice vote. The City Council adjourned to Closed Session at 12:45 a. m. Present in Closed Session were all Councilmembers; Steve Kueny, City Manager; and Cheryl Kane, City Attorney. The meeting reconvened into Open Session at 1:17 a.m. Minutes of the City Council 16 June 2, 1986 Mr. Kueny stated there was no action to report out of Closed Session and only potential litigation pursuant to Government Code Section 45956.9(b)(2); and Government Code Section 54956.9(b)(1) was discussed. 15. ADJOURNMENT: BY CONSENSUS: By June 9, 1986• at 5 consensus, t meeting w s adjourned to p.m. Xti Y1,2A yor