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HomeMy WebLinkAboutMIN 1986 1208 CC ADJMINUTES OF THE CITY COUNCIL Moorpark, California December 8, 1986 An Adjourned Meeting of the City Council of the City of Moorpark was held on December 8, 1986 in the City Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER The meeting was called to order at 7 p.m. by Mayor Ferguson. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Harper. 3. ROLL CALL PRESENT: Councilmembers Clint Harper, Danny Woolard, Eloise Brown, John Galloway and Mayor Bud Ferguson Steven Kueny, City Manager; Mike Rubin, Senior Planner; Diane Eaton, Associate Planner; Pat Richards, Director of Community Development; Dennis Delzeit, City Engineer; and Thomas Genovese; Administrative Assistant and Acting Recording Secretary 4. APPROVAL OF MINUTES None 5. PROCLAMATIONS /COMMENDATIONS AND SPECIAL PRESENTATIONS None 6. PUBLIC COMMENT Mayor Ferguson indicated that he had no speaker cards from the public for Public Comment. There being no speakers the Mayor recessed the City Council and convened as the Mobile Home Park Rent Review Board. 7. HEARINGS 7.A. Mobilehome Park Rent Review Board, RE: Proposed Villa del Arroyo Rent Increase. Diane Eaton gave the staff report. She indicated that the increase may not be implemented by the Board as a ministerial action because a protest has been filed by approximately 80% of the residents. The increase may not be acted upon by the Board until after a hearing. Minutes of the City Council Moorpark, California Page 2 December 8, 1986 Ms. Eaton also indicated that the total Operation and Maintenance Cost should be reduced to $6.68 per space from $8.40 identified in an earlier staff report. The Rent Control Application Fee and Appraisal Fee should have been subtracted by staff from the total allowable pass- through expenses for the subject year August 1985 - July 1986. In response to Councilmember Harper, Mr. Richards commented that the computations on page 4 of the original staff report dated December 1, 1986 are not changed by this revision. (1) Keith Casenhiser, 721 Brea Canyon Road, Suite 6, Walnut, spoke as the managing agent for the Villa Del Arroyo. He asked if anyone on the City Council had a conflict of interest in discussing the rent increase issue. There were no conflicts indicated. Mr. Casenhiser indicated that the owner and the City of Moorpark both missed the first filing date under the Ordinance, but in this case it is inconsequential. He expressed agreement with staff recommendation no. 1 and disagreement with staff recommendation no. 2. He stated also that his firm would like for November 1, 1986 to be the effective date of the rent increase. Mr. Casenhiser gave the City Clerk a copy of a letter dated November 14, 1986 and a copy of the California Civil Code Provisions. (2) Joe Intiso, 15750 E. Los Angeles Avenue, spoke as a resident of Villa Del Arroyo Mobile Home Park. He indicated that the feeling of the residents of the park at this time is that they are opposed to any rent increase whatsoever. He believes that the reason for the appraisal fee was for a $4.9 million loan on the park. He said the CPI figures in the staff report are correct and he feels that the Operation and Maintenance costs are manipulated by the park management to justify an increase in rent. Mr. Intiso asked the Rent Review Board to deny the increase. (3) Connie Lawrason, 4291 Ambermeadow Street, spoke on behalf of the Senior Citizens at the Mobile Home Park. She believes the rent increase is unreasonable for those on fixed incomes. She requested that this rent increase not be approved above the $6.68 increase. Minutes of the City Council Moorpark, California Page 3 December 8, 1986 (4) Wright Reid, 15750 E. Los Angeles Avenue, an eight -year tenant of Villa del Arroyo, spoke against the proposed rent increase. (5) Keith Casenhiser gave closing comments. He said a lot of the items that have been mentioned are not germane to the City's Ordinance. He indicated that the values of the mobile homes have gone up as a result of the rent control policy and he recommended the Council approve the increase effective November 1, 1986. AT THIS POINT IN THE MEETING, Chairman Ferguson closed the Public Hearing and the Mobile Home Park Rent Review Board recessed at 8:58 p.m. The Mobile Home Park Rent Review Board meeting reconvened at 9:16 p.m. MOTION: Boardmember Harper moved and Boardmember Brown seconded a motion to 1) Find the rent schedule form as filed by the owners and as modified with staff recommended deletions of items 3 -7 of Part 5 of the application to be accurate and complete, 2) Approve the Operation and Maintenance component of $6.68 based on the fact the Rent Schedule form filed by the Owner and modified by staff is accurate and complete and in compliance with sections 5.04.070.85(a) of Ordinance No. 51, 3) Approve November 12, 1986 as the effective date of this increase in accordance with Sections 5.04.070 providing that not less than 75 days prior to the effective date of the proposed increase, the Owner meet all the notices and requirements of Ordinance No. 51 and, 4) Based upon the documentation submitted, or relayed in writing by the applicant, deny the remainder component of the space rent on the grounds that the increase proposed is not necessary. The motion carried by 5 -0 unanimous voice vote. AT THIS POINT in the meeting, the Mobile Home Park Rent Review Board adjourned and the City Council meeting reconvened. BY CONSENSUS: By consensus, the City Council determined to consider Item 11.F. out of order. 11.F. Tree Removal on Williams Ranch Road Per Conditions of Approval for Tracts 3019 and 3525 (Warmington). The City Engineer gave the staff report. Mayor Ferguson stated that speakers could address the Council at this time. Minutes of the City Council Moorpark, California Page 4 December 8, 1986 (1) Jerry Straughan, 13130 Williams Ranch Road, spoke as a concerned resident. He outlined three areas of concern as a) requesting clarification in writing of the landscaping and irrigation improvements, b) the developer, Warmington Homes, should have the trees cut and stacked neatly as his compensation for the loss of the trees, and c) requested Warmington Homes to design a suitable easement for the drainage line. (2) Michael Walline, 2800 Camino dor Rios, #102, Newbury Park, spoke representing Warmington Homes, and stated that the drain on Mr. Straughan's property will be moved, the trees are on public right -of -way and will be cut, but not split as they will be hauled away. He added that Mr. Straughan's driveway will be widened as agreed to. He stated that they have nothing written in their conditions that the firewood would be given to Mr. Straughan. Councilmember Woolard said a verbal agreement was made that Mr. Straughan would be given the firewood and Warmington is not living up to their commitment. Mike Walline agreed to take care of planting of the disturbed slopes on the Straughan property. (3) Cesar Mendoza, 13100 Williams Ranch Road, spoke as a nearby resident and stated that he wants to see the trees removed as soon as possible. MOTION: Councilmember Harper moved and Councilmember Woolard seconded a motion to direct staff to remove the stop order on the project and allow Warmington Homes to continue with the tree removal and road widening project under the condition that Warmington Homes 1) live up to their agreement to cut, split and stack the firewood from the trees on Mr. Straughan's property; 2) Landscape and architectural changes will be put in writing and, 3) Warmington to design a suitable easement for the drainage line. AMENDMENT TO THE MOTION: Councilmember Harper amended the motion and Councilmember Woolard seconded the motion to have wood given to Mr. Straughan in the amount of five cords, stacked and split. The amendment was carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 5 December 8, 1986 VOTE ON THE MAIN MOTION: The motion as amended was carried by unanimous voice vote. BY CONSENSUS: By consensus, the Council determined to consider Item 10C. at this time. 10.C. Consider Continuation of Non - Conforming Uses in Downtown Commercial Area. Diane Eaton gave the staff report. Fred Osborne, 115 San Miguel Drive, Merrill Lynch Realty, spoke representing the owner of the property at 17 High Street. He stated that the delicatessen will be primarily for take -out use so the parking concern is not as serious as presented since the parking will not be for prolonged periods. Mr. Richards clarified that there is a restaurant operation proposed in connection with the deli so the parking is a concern. Jim Hartley, 5950 Gabbert Road, spoke stating that City staff has not reviewed the project thoroughly and have not communicated the intent of High Street business renewal. MOTION: Councilmember Harper moved and Councilmember Galloway seconded a motion to 1) find that the proposed deli /restaurant is a similar use as the previous bar /tavern and that the proposed use may occupy the building in question without providing additional parking, and 2) the applicant agrees to pay in lieu parking fees established by the City not to exceed a total of $20,000 and that City staff and the City Attorney will prepare the appropriate language for the agreement, 3) defer future discussion of parking requirements with nonconforming buildings to the Downtown Study or the Redevelopment Agency for consideration of various solutions to the problem, and 4) Request staff to continue to advise the Council of use changes in the downtown area which may have a substantial effect on parking. The motion was carried by unanimous voice vote. BY CONSENSUS: The Council determined to hear the remaining agenda items in the order of 7.D., 10.K. and 11.E. Minutes of the City Council Moorpark, California Page 6 December 8, 1986 7.D. Safety Element of the Moorpark General Plan Pat Richards introduced the consultant, Karl P. Hinderer, Vice President and Director of Planning, Joel Silverman & Associates. Mr. Hinderer gave a presentation stating that the draft safety element is basically an update of the 1974 Seismic Safety Element of the County. MOTION: Councilmember Harper moved and Councilmember Galloway seconded a motion to approve the Negative Declaration, direct staff to prepare a resolution adopting the Safety Element as amended by the Planning Commission and as further amended by the City Council, for the Council's consideration at its next regularly scheduled meeting and that in the Planning Commission's recommendations wherever the wording "minimum of 25', unless otherwise required by a Geology Report" occurs, replace it with "minimum of 501, unless otherwise required by a Geology Report ". The motion carried by unanimous voice vote. 10.K. Time Periods for Implementation of Building Permits. Mike Rubin, Senior Planner gave the staff report stating that the staff recommendation is to leave the system as it is now and make no changes. Rob Dick, 156 -1/2 N. Arnaz Drive, Los Angeles, spoke representing U. S. Condominium. He stated that he supports time period extensions and is in favor of the 12 -month building permit extension period. Jim Hartley, 5950 Gabbert Road, expressed his support for an extended period of time of three years for building permit validity. Mary Gayle, 350 N. Lantana Street, #217, Camarillo, spoke as legal counsel for Pardee Construction Company. She expressed support for the plan to allow for 12 -month extensions to the Building Permits instead of the current 6 -month extension plan. MOTION: Councilmember Woolard moved and Councilmember Brown seconded a motion to change the current Building Permit schedule from the process permitting three six - month periods for a builder to commence construction on a project to a process permitting three twelve -month Minutes of the City Council Moorpark, California Page 7 December 8, 1986 periods with an additional percentage of Building Permit fees of 50% added after the initial 12 -month period ( zone clearance period) has expired. Another percentage of Building Permit fees of 100% would be added after the first 12 -month extension has expired and this policy would only affect those existing permits applied to calendar year 1986. The motion carried by a 3 -2 vote, Councilmembers Galloway and Harper dissenting. 11.E. Consider Information Regardinct Grading Certification as Prerequisite for Building Permit Issuance Pat Richards gave the staff report which recommended three items as follows: 1) Building official should revoke the remaining building permits within Tract 4170 which have not yet received rough grading clearance, 2) the City Council honor those building permits issued in error to Tract 3070 -4 inasmuch as the City did err in that process and the pads are now certified, and 3) Council direct staff to develop a more formalized system of zone clearance approvals so as to prevent any future similar situations. MOTION: Councilmember Galloway moved and Councilmember Woolard seconded a motion to direct City staff to develop a more formalized system of zone clearance approvals. The motion carried by unanimous voice vote. MOTION: Councilmember Woolard moved and Councilmember Galloway seconded a motion to adjourn the meeting to Closed Session to review the recently filed action by the Building Industry Association concerning Measure "F ", the recently enacted growth- management program. The motion carried by unanimous voice vote. The time was 12:30 a.m. AT THIS POINT in the meeting a recess was declared. The meeting reconvened into Closed Session. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; and Cheryl Kane, City Attorney. Minutes of the City Council Moorpark, California Page 8 December 8, 1986 The meeting reconvened into Open Session at 1:29 a.m. Mayor Ferguson adjourned the meeting stating there was no action to report out of Closed Session, the time was 1:30 a. m. Paul W. Lawr son Jr., Mayo illian E. Ke le man, City Clerk