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: