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HomeMy WebLinkAboutMIN 1987 1007 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California _ _ _ _ October 7, 1987 The regular meeting of the City Council of the City of Moorpark, California was held on October 7, 1987, in the Council Chambers of City Hall located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: The meeting was called to order at 7:25 p.m. by Mayor Clint Harper. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Galloway. 3. ROLL CALL: Present: Councilmembers Eloise Brown, Thomas Ferguson, John Galloway, John Patrick Lane, and Mayor Clint Harper. Steven Kueny, City Manager; Cheryl Kane, City Attorney; Patrick Richards, Director of Community Development; Lt. Michael Brown, Sheriff's Department; Dennis Delzeit, City Engineer; Thomas P. Genovese, Deputy City Manager; Sgt. Kathy Cullins, Sheriff's Department; John Knipe, Assistant City Engineer; Michael Rubin, Senior Planner; and Maureen W. Wall, City Clerk. 4. PROCLAMATIONS, COMMENDATIONS AND SPECI.AL.PRESENTATIONS: None were presented. 5. REORDERING OF AND ADDITIONS TO,- THE.AGENDA: MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to add an item to the agenda concerning a request for a time extension for the proposed West Village single family subdivision (Vesting Tentative Maps 4340, 4341 and 4342; RPD Permits 1070, 1071 and 1072; Zone Changes 2815, 2816 and 2817) by Urban West Communities, since the need to take action arose subsequent to the posting of the agenda. The voice vote was unanimous. The matter became Item 11.I. on the agenda. MOTION: Councilmember Ferguson moved and Councilmember Brown seconded a motion to add an item to the agenda concerning potential litigation pursuant to Government Code Section 54956.9(b)(1), since the need to take action arose subsequent to the posting of the agenda. The voice vote was unanimous. The matter became Item 14.B. on the agenda. 6. PUBLIC COMMENTS: Minutes of the City Council Moorpark, California _ 2 October 7, 1987 A. Mr. Steve Day, 15110 -D Marquette Street, stated he felt the action taken by members of the Planning Commission to interview residents of the Angeles Mobile Home Park was a good thing to do. He did not feel the commission deserved to be reprimanded for their independent actions. B. Mr. Richmon Deas, 13092 Williams Ranch Road, asked that the City Engineer's office look further into his driveway and sidewalk problem so the matter could be satisfactorily resolved. C. Mr. Phil Vein, 6685 Princeton Avenue, stated he was available to answer any questions Council might have concerning Item 11.H. D. Mr. Jim Hartley, 5950 Gabbert Road, commented it was his understanding that the commercial development which will be built at the corner of Spring Road and Tierra Rejada Road had to be in a commercial zone. He thought the situation could be remedied if it were conditioned so that no commercial use could occur. E. Mr. Bruce Tackman, 4340 Countrymeadow Street, representing the Design Standards Committee, reported the committee is looking at two major areas; political signs, and themes for the entrances to the City. They do not feel they had enough direction from the Council, however, to continue their work. F. Mr. Theodore M. Green, 15354 East Benwood, asked the Council to consider his wife, Jackie, for a position on the Parks and Recreation Commission. He also felt appointments to this commission should occur after the election. G. Mr. Colin Velasquez, 1078 Mellow Lane, Simi Valley, stated he was opposed to the C.U.P. as it applied to the General Plan concerning Item 11.B. He did not want to see the City stretching the commercial core into the industrial area of the City. H. Mr. Victor Richard, Villa Del Arroyo Mobile Home Estates, asked the Council to direct staff to continue work on their rent control concerns. I. Mr. Marc Annotti, 5000 North Parkway, Calabasas, asked the Council to approve the zone clearances asked for in Item 11.F. He felt his company could work with the Director of Community Development to relocate the loading zones for his project. Councilmember Lane asked what was happening regarding rent concerns. Steven Kueny, City Manager, responded the mobile home park owner had applied for a rent increase and it would be considered under Ordinance No. 51. There was not a specific schedule for completion of their concerns. The matter has been scheduled to come before the Council, however, on November 4, 1987. Minutes of the City Council Moorpark, California 3 October 7, 1987 BY CONSENSUS OF COUNCIL, Item 11.H. was heard at this point in the meeting. 11. H. Consideration of potential sale_ of 5.4 acres adjacent to Tract No. 3049. Staff recommended Council direct staff as deemed appropriate. Steven Kueny, City Manager, reiterated the previous offer concerning Quimby fees of $28,000 per acre paid at the time the sale is completed. The City would conduct an informational meeting on October 21, 1987, to allow residents to speak regarding the proposed sale. On October 28, 1987, an agreement will be presented which will approve the terms and conditions of these two matters. Mr. Vein agreed to these conditions as long as the sale is finalized on October 28, 1987. AT THIS POINT IN THE MEETING, Lt. Michael Brown introduced Sgt. Kathy Cullins to the Council, staff and citizens of Moorpark. He reported she will be meeting with the neighborhood councils in the very near future. She was welcomed to the City by Mayor Harper. 7. COMMITTEE REPORTS: Councilmember Galloway gave an overview of the meetings he and Councilmember Brown attended at the League of California Cities' Annual Conference. Councilmember Brown stated she was happy to report that there might be a possibility of joining with other cities to create a cable television franchise consortium. 8. CONSENT CALENDAR: Consent Calendar Items 8.A., 8.D. and 8.L. were pulled from the calendar for individual consideration by the Council. B. Approval of Minutes: 1. Regular Meeting of April 15, 1987. 2. Adjourned Regular Meeting of April 29, 1987. C. Informational report concerning the approval of final parcel map for PM -4287 (Cabot, Cabot & Forbes).. Staff recommended Council receive and file this report. E. An informational report regarding new recycling laws. Staff recommended Council receive and file this report. F. Consider the Director of Community_ Development determination to approve a Minor Modification regarding PD -1051 (Lincoln Properties). Staff recommended Council take no action regarding the Director's proposed actions. G. Consider an informational report concerning the Moorpark Country Days event. Staff recommended Council receive and file the report. H. Consider the transfer of park sites from the County of Ventura. Staff recommended Council accept the Grant Deed. Minutes of the City Council Moorpark, California 4 October 7, 1987 I. Consider additional engineering services for the New Los Angeles Avenue Extension Study. Staff recommended Council authorize services and appropriate $1,800 from the Los Angeles Avenue Alternate Route Fund. J. Review of an update on the progress of Peach Hill Park. Staff recommended Council receive and file this report. K. Consideration of transportation alternatives for the Star Club Program. Staff recommended Council direct staff to procure a lease agreement. M. Consider oversized storm drain reimbursement for PD -1010 (Palmer). Staff recommended Council accept the work as complete and authorize payment. MOTION: Councilmember Lane moved and Councilmember Galloway seconded a motion to approve Consent Calendar Items 8.B., B.C., 8.E., 8.F., 8.G., 8.H., 8.I., 8.J. 8.K. and 8.M. as recommended by staff. The roll call vote was unanimous. A. Approval of Warrant Register: - Prepaid Warrants No. 5612 - 5642 $85,897.75 - Payable Warrants No. 5643 - 5710 $345,396.01 - Senior Center Bond Act Acct., Warrant No. 1026 $ 910.86 MOTION: Councilmember Brown moved and Councilmember Ferguson seconded a motion to approve the Warrant Register as presented. The roll call vote was unanimous. D. Report concerning Williams Ranch Road homeowner complaints. Staff recommended Council receive and file the report. Dennis Delzeit, City Engineer, gave a report concerning his site visit. He reported the pickup hitch drags when the Deas' try to pull their trailer out of their driveway. By consensus of Council, consideration of this matter was continued to the next Council meeting. L. Consider an agreement for inspection services for Peach Hill Park. Staff recommended Council authorize the Mayor to sign the agreement on behalf of the City. Thomas Genovese, Deputy City Manager, reported the agreement is needed mainly due to the vacancy in the position of Director of Community Services. The funding will come out of General Fund money which would have been paid for this position, were it filled. Council asked why the inspections could not wait for three to four weeks until a Director of Community Services was hired. MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to cut the agreement to half the time (75 hours), to authorize the execution of the document as amended, Minutes of the City Council Moorpark, California _5 October 7, 19 to terminate the agreement at the time a new Director of Community Services is hired, and to direct staff to prepare a follow -up report. The roll call vote was unanimous. 9. PUBLIC HEARINGS: A. Consider the proposed amendments to Chapter 1 (Zoning) of Division 8 (Planning and Development) of the Moorpark Municipal Code pertaining to minor modification procedures and time periods for the appeal of .actions by the Planning Commission. Staff recommended Council continue the Public Hearing to the next regularly scheduled meeting. By consensus of Council, the matter was continued. regarding the use of a septic system in conjunction with a proposed church and da.v care center. Staff recommended Council take action as deemed appropriate. Patrick Richards, Director of Community Development, gave brief remarks on the matter. The duly noticed Public Hearing was opened. B -1. Rev. David Benefiel, 11930 Los Angeles Avenue, representing Grace Chapel, reported they have a unique situation since an adjacent landowner will not grant them easements for a fire hydrant and sewer line. He also informed Council their school will only have an enrollment of 22 children. Waterworks District No. 1 recommended the use of a septic tank for their project. The Public Hearing was closed when no one else wished to speak. Councilmember Galloway felt it would be best to resolve the sewer line issue for the entire area. Steven Kueny, City Manager, commented the main sewer line in the area runs down the Arroyo Simi. AT THIS POINT IN THE MEETING, the Council recessed. The time was 8:40 p.m. At 9:00 p.m. the full Council reconvened. During further deliberations by the Council, the following amendments to the C.U.P. were made. Under General Requirements of the Community Development Department Conditions, Condition "m" was amended to read, "The conditional use permit shall be reviewed by the City five years from the date of City approval. At that time the permit shall be reevaluated for another five year period. The purpose of this review shall be for determining the adequacy of the public improvements and infrastructure as well as any proposed expansion plans of the church facilities. At the five year review period, the Director of Community Development shall determine if a five year extension is warranted." Minutes of the City Council Moorpark, California 6 _ _ _ _ October 7, 1987 Septic tanks will be allowed for the first five years, then the sewer must be built, if warranted after the C.U.P. review, with reimbursement from other property owners. If the sewer line is located within 200 feet of Beltramo, they must connect At that location. Should an assessment district be formed in the;future for the sewer line, then Grace Chapel would agree to participate. Under Prior to Issuance of a Zoning Clearance, the Following Conditions Shall be Satisfied of the City Engineer's Conditions, Condition "c" was amended to read as follows: C. The developer shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvementt. The improvements shall include concrete curb and butter, sidewalk, street lights, striping and signing, signal modifications and paving in accordance with the Ventura County Road Standards. The applicable Road Standard Plates are as follows: Los Angeles Avenue per Plate B -2A. In lieu of construction, the developer may post a bond for the estimated costs of improvements, with construction deferred until the parcels to the east develop, or as sooner required by the City. Grant an access easement to the parcels to the north of this property (APN 506 -0- 030 -015 and 506 -0- 030 -025) allowing these properties to access their land through the subject property. Driveways to be constructed per Plate E -2 and to be 30' wide. Paving shall be provided such that the access driveway is smoothly joined to existing pavement." Condition "d" of the same section was amended to read as follows: "d. The developer shall deposit with the City of Moorpark a contribution for the Los Angeles Avenue Improvement Area of Contribution. The actual deposit shall be the then current Los Angeles Avenue Improvement Area of Contribution applicable rate for residentially zoned property at two dwelling units per acre at the time the Building Permit is issued." MOTION: Councilmember Lane moved and Councilmember Brown seconded a motion to direct staff to make the amendments indicated by the Council, and bring a final resolution back for Minutes of the City Council Moorpark, California 7 October 7, 1987 approval at the next Council meeting. The voice vote was unanimous. C. A hearing to consider the proposed impact report regarding the conversion of the Angeles Trailer Park to a commercial use. The impact report concerns the housing relocation opportunities for the existing tenants. Staff recommended Council consider the adequacy of the proposed impact report. Patrick Richards gave the staff report dated October 1, 1987. The duly noticed Public Hearing was opened. C -1. Mr. Paul Gienger, 1800 Avenue of the Stars, Suite 1400, Los Angeles, representing Topa Management Company, asked the City Council to consider the progress they had made and allow them to continue with a report back to the Council in 90 days. C -2. Ms. Francine Woodworth, 446 East Los Angeles, #17, thanked Ms. Susan Weintraub of Topa Management Company for her efforts even though they have not settled an agreement with them as yet. C -3. Mrs. Connie Lawrason, 4291 Ambermeadow Street, spoke concerning Planning Commission's actions in trying to help the residents of Angeles Trailer Park. C -4. Ms. Louise Windle, 446 East Los Angeles, #3, reported Ms. Weintraub had worked with her to relocate her trailer, and is offering a fair settlement. C -5. Mr. Roy Ferrara, 4224 Laurel Glen, stated his mom lived in Space #7 of the park. He thanked the staff members who checked to see what the real situation was in the park. He felt residents of the City should help other residents in the City. He also thanked Ms. Weintraub for her efforts. C -6. Mr. Ernest Davidson, 446 East Los Angeles Avenue, #13, thanked Ms. Weintraub for her efforts to re- locate his trailer. The Public Hearing was closed when no one else wished to speak. Councilmember Galloway commented he would not vote for any entitlements until every resident of the trailer park had been treated fairly. He also felt that volunteers who had asked personal questions of the park residents were not correct in their process. However, he had no problem with their concerns. Patrick Richards suggested that no more than 90 days be granted, due to time constraints of the P.D. process. The P.D. could be continued until a conclusion of relocation was reached prior to the issuance of the building permit. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to extend consideration of the impact report for six months; written submittal Will come from the applicant; Minutes of the City Council Moorpark, California _8 _ _. October 7, 1987 applicant will have a letter to the City Council at the next meeting. The voice vote was unanimous. 10. COMMENTS FROM COUNCILMEMBERS: A. Consider appointments to the vacant op sitions on the Parks and Recreation Commission. No staff report was prepared for this item. Councilmember Ferguson stated he was ready to make his nomination. MOTION: Councilmember Galloway moved and Councilmember Ferguson seconded a motion to direct that the item appear on each Council agenda until each Councilmember has made his nomination; to direct that the commission will not meet until a new Director of Community Services is hired; will meet in early November for the first time, or when there is a quorum of the commission. The voice vote was unanimous. Mayor Harper asked for a resume of each Councilmember's nomination for review. Councilmember Ferguson then nominated Mrs. Cheryl Zemont. Councilmember Galloway commented he had no problem with the previous individuals who sat on the commission, but he felt that overall, the commission was not working well together. He felt new ideas were needed and stated he would not vote for any of the previous commissioners. Mrs. Zemont was appointed by a voice vote with Councilmember Brown voting no, and Councilmember Galloway abstaining from the vote. Councilmember Lane nominated Mr. Lynn Crockatt, who was appointed by a unanimous voice vote. B. Consider confirming attendance at the League of California_ Cities' Leadership Team_Workshop. By consensus of Council, staff was directed to make reservations for four Councilmembers and the City Manager. C. Councilmember Galloway asked staff to determine if crosswalks could be placed between Third Street and Los Angeles Avenue on Moorpark Avenue, and if additional circulation routes within the City had been determined. He also asked staff to determine if trees on Bard Street could be saved. He also asked staff to respond to Mr. Latunski's request for a zoning change on his property. Mr. Kueny responded staff is forwarding a letter to the City Attorney for her review on this matter. D. Councilmember Ferguson gave a report concerning the status of the trash ordinance. Although the committee did not review any of the areas cited for clean -up, they did review the methods of abatement. He felt staff needed help with the abatement problem. Minutes of the City Council Moorpark, California 9_ October 7, 1987 AT THIS POINT IN THE MEETING, the Council recessed. The time was 11:05 p.m. At 11:22 p.m. the full Council reconvened. E. Councilmember Lane thanked the Sheriff's Department for a job well done during the Country Days event. He then thanked those citizens who worked so hard to make the event successful. He also gave a report concerning the figures gathered during a recent truck scales inspection. The City should consider annexing some of the property west of the City's boundaries and work with the Board of Supervisors to establish a permanent weigh station. He was also concerned that the City's earthquake plan was not finalized, and that ambulance response times were not acceptable. F. Mayor Harper asked staff to find out if the telephone pole at the corner of High Street and Spring Road could be removed. G. Councilmember Ferguson asked staff to determine if there was a way to shield the light for westbound traffic at High Street and Highway 118. 11. DISCUSSION /ACTION ITEMS: AT THIS POINT IN THE MEETING, Item 11.8. was heard. B. Consider whether to set a hearing on an appeal of a Planning Commission action to approve DP -390 and CUP -4507 (Sig Friedman). Staff recommended Council take action as deemed appropriate. Patrick Richards gave the staff report dated October 1, 1987. At this point in the discussion, Councilmember Lane left the dais. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to set the date for the CUP and DP appeal for November 4, 1987. The voice vote was unanimous with Councilmember Lane absent. AT THIS POINT IN THE MEETING, Item 11.F. was heard. F. Consider a request for clarification from the Director of Community Development regarding loading zones related to OP -338 through DP -347, and DP -349 through DP -353. Staff recommended Council consider various alternatives presented and direct staff as deemed appropriate. Patrick Richards gave the staff report dated October 1, 1987. MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to allow the Director of Community Development to work with the applicant to provide loading spaces using staff's recommendations to determine the space required; to refer the issue for general review by the Planning Commission concerning standards for loading zones and turning radii; and to Minutes of the City Council Moorpark, California 10 _ _ October 7, 1987 direct staff to return to the Council with an informational report as to resolution of this matter. The voice vote was unanimous with Councilmember Lane absent. Staff commented they could not recommend using traffic lanes for loading zones. AT THIS POINT IN THE MEETING, Item 11.I. was heard. I. Consider a request from Urban West Communities for a time extension for PC -3. Patrick Richards gave an oral report on this matter, recommending that the Council extend the time limit for City action for the proposed West Village single family subdivision (Vesting Tentative Maps 4340, 4341 and 4342; RPD Permits 1070, 1071 and 1072; Zone Changes 2815, 2816 and 2817). MOTION: Councilmember Galloway moved and Councilmember Ferguson seconded a motion to grant the time extension requested. The voice vote was unanimous, with Councilmember Lane absent. A. Resolution No. 87- Designation of Building Official for the City. Staff recommended Council designate the County of Ventura as Building Official and direct a review of ordinances and/or agreements for potential modifications. Steven Kueny gave a brief overview of the staff report dated October 2, 1987. MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to direct staff to investigate modifications to the existing agreement for building and safety services and to related codes, ordinances and resolutions, with a report back by the first Council meeting of April, 1988; to direct staff to identify areas where an in -house contact is critical with the Council to decide if the existing agreement will be modified. The voice vote was unanimous with Councilmember Lane absent. C. Consider the award of bid for the_urchase__of a City vehicle. Staff recommended Council reject all bids. Steven Kueny gave a brief overview of the staff report dated October 2, 1987. MOTION: Mayor Harper moved and Councilmember Brown seconded a motion to reject all bids, to appropriate an additional $5,500 from the Gas Tax Fund for the purchase of the one ton truck with utility bed; and to authorize staff to proceed with the purchase of the truck using informal bid procedures, and to make minor adjustments to the truck specifications. The roll call vote was unanimous with Councilmember Lane absent. Minutes of the City Council Moorpark, California 11 October 7, 1987 G. Consider the Tree Removal Project. Staff recommended Council defer the award of the contract to October 14 or 21, 1987. No staff report was given. Councilmember Brown commented they had brought back information from the League of California Cities' Conference concerning tree barriers. Councilmembers Brown and Galloway expressed concern with pepper trees on Bard Street being identified for removal. Staff was directed to return to Council with a report on these trees. The matter was then continued to October 14, 1987. 12. ORDINANCES: A. Ordinance No. 91. A ordinance amending Measure F. an ordinance establishing a Residential Development Management System of the City of Moorpark, relative to the annual residential development allotment for calendar year 1986. Staff recommended Council approve the ordinance for second reading and adoption. The matter was not considered. B. Ordinance No. A proposed ordinance amending Chapter 2.06 of Title 1 of the Moorpark__Municipal Code, relatinq to the resignation of commissioners. Staff recommended Council approve the ordinance for first reading and introduction. City Attorney, Cheryl Kane, read the ordinance in title only. MOTION: Councilmember Galloway moved and Mayor Harper seconded a motion to waive further reading of the ordinance. The voice vote was unanimous with Councilmember Lane absent. MOTION: Councilmember Galloway moved and Mayor Harper seconded a motion to introduce the ordinance as read for the first time. The motion failed with Councilmembers Brown and Ferguson voting no, and Councilmember Lane absent. Staff was directed to add resignation of commissioners as a separate section in a new ordinance. 13. FUTURE AGENDA ITEMS: The following items were directed to be placed on future Council agendas: consideration of the CalProp wall, consideration of a code enforcement report, and status of the landscaping project at the corner of Peach Hill Road and Spring Road. 14. CLOSED SESSION: A. Personnel. B. Potential litigation ___ pur _ uant to ___Government Code Section 54956.9(b)(1). -- Minutes of the City Council Moorpark, California _.12 _ October 7, 1987 MOTION: Councilmember Galloway moved and Councilmember Ferguson seconded a motion to go into Closed Session to discuss those items noted. The voice vote was unanimous with Councilmember Lane absent. The time of adjournment was 1:07 a.m. AT THIS POINT IN THE MEETING, the Council recessed. The time was 1:07 a.m. At 1:10 a.m. the Council reconvened in Closed Session, with Councilmember Lane absent. Also present were Steven Kueny, City Manager and Cheryl Kane, City Attorney. Councilmember Ferguson left the Closed Session at 2:28 a.m. At 2:31 a.m. the Council reconvened to open session, with Councilmembers Ferguson and Lane absent. Steven Kueny announced there was no action to report out of closed session. 15. ADJOURNMENT: MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to adjourn the meeting to 6:00 p.m. on October 14, 1987, with the stated intent they would meet in Closed Session from 6:00 p.m. to 7:30 p.m., and then complete regular agenda items beginning at 7:30 p.m. The voice vote was unanimous with Councilmembers Ferguson and Lane absent. The time of adjournment was 2:33 a.m. Mayor ATTEST: