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HomeMy WebLinkAboutMIN 1991 0918 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California September 18, 1991 A Regular Meeting of the City Council of the City of Moorpark was held on September 18, 1991 in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Lawrason called the meeting to order at 7:26 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Talley. 3. ROLL CALL: Present: Councilmembers Montgomery, Perez, Talley, Wozniak, and Mayor Lawrason. Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Pat Richards, Director of Community Development; Lt. Dean, Sheriff's Department; Ken Gilbert, Director of Public Works; Mary Lindley, Assistant to the City Manager; Phil Newhouse, Director of Community Services; Dirk Lovett, Assistant City Engineer; Paul Porter, Senior Planner; Carolyn Greene, Management Analyst; Kathleen Mallory Phipps, Associate Planner; Lillian Kellerman, City Clerk; Dorothy Vandaveer, Deputy City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Introduction of the Employee of the Month, Craig Malin. Mayor Lawrason introduced Craig Malin and congratulated him on his recognition as Employee of the Month. Mr. Malin expressed his thanks to the City and his co- workers. B. Proclamation declaring September 23 - 27, 1991 as Rideshare Week. Mayor Lawrason read the proclamation. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to approve continuance to September 25, 1991 of items 9.A., 9.C., 9.F., 9.H., 11.A., 11.B., 11.C., 11.E., 11.G., 11.H., and 12.A. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 2 September 18, 1991 MOTION: Councilmember Perez moved and Councilmember Talley seconded a motion to approve continuance to October 2, 1991 of items 9.G., and 9.I. The motion carried by unanimous voice vote. Mr. Kueny requested that an item be added to the agenda for discussion regarding the consideration of an alternate turf specification for South Meadows Park. MOTION: Councilmember Perez moved and Mayor Lawrason seconded a motion to add an item to be Item 11.I. regarding the consideration of an alternate turf specification for South Meadows Park. The motion carried by unanimous voice vote. 6. PUBLIC COMMENT: Jean Tufts, , 4138 Santa Rosa Drive, spoke regarding the imposition of non - resident fees to use the Thousand Oaks library. She spoke in opposition to the fees. Mayor Lawrason stated that the City Council has written a letter to Mayor Frank Schillo of Thousand Oaks requesting an exemption of the fee for senior citizens and students from Moorpark. He said there will be a meeting scheduled with Mayor Schillo sometime in the near future to discuss this situation. Tom B. Galicia, 12611 Williams Ranch Road, spoke in opposition to the fees that are proposed for non - residents to use the Thousand Oaks Library. Dr. Ev Braun, 13142 Williams Ranch Road, spoke as President of the Moorpark Senior Citizens. Dr. Braun requested a meeting with the Public Works /Facilities Committee to discuss the amendment to the Senior Center Lease Agreement. He also asked the Council if he is to follow through and put the Seniors' concerns in a letter to the Council or if these can be addressed at a meeting. CONSENSUS: By Consensus the Council determined to consider the Senior Center Lease Agreement at the meeting of October 2, 1991, that a meeting will be scheduled to discuss the matter and that Dr. Braun does not need to write a letter to express the concerns. Dr. Braun continued by requesting that when this item does come before the City Council on the agenda that it be placed early on the agenda to avoid a late hour consideration. He also indicated that the decision to curtail the Singspiration use of the Senior Center was a unanimous decision of the Senior's Board of Directors and was not a unilateral decision. Minutes of the City Council Moorpark, California Page 3 September 18, 1991 Connie Lawrason, 4291 Ambermeadow Street, presented her committee report for the Citizens Transportation Advisory Committee for the Ventura County Transportation Commission. Father Shenouda Ghattas, 110 Fremont Street, spoke representing the Coptic Church. He thanked the Council for their time and effort regarding the conditional use permit. He stated that the church has no funds to pay the fees required by the City and he requested a waiver of the payment of the fees. Allen Camp, 1050 s. Kimball, Ventura, said he wants to address later in the meeting the issue of what his client's obligation is with regard to the payment of Quimby Fund fees. He also would like to see the items addressed this evening and not continued to a later date. Annabell Sessler, 6061 Gabbert Road, spoke regarding the activities of the Senior Citizens. She said several of the groups who previously used the center have tried to comply with the new rules set forth by the Board of Directors, but are finding it difficult to do so for various reasons. Sylvia Whitaker, 461 Cornett, stated her opposition to the Thousand Oaks library fees and requested the Council to not jeopardize the possibility of the County providing funds for a larger library in Moorpark. Ruth Farabaugh, 13543 E. Cedarpine, spoke in support of the new members of the Seniors' Board of Directors. She stated that there are now clearly set procedures that must be followed for use of the Senior Center. Tony Bellasalma, 11823 Maplecrest Street, spoke in support of the present Senior Citizens organization. Jane Choy, 4389 Butterfield Lane, spoke as Vice President of Friends of the Library. She said Moorpark needs to pursue expanding our present library instead of our citizens going to use the Thousand Oaks library. Pamela Castro, 479 Charles Street, spoke briefly regarding the accounting of financial transaction by Moorpark Youth Activities Committee from the Labor Day picnic which was partially funded by the City of Moorpark. Gary Walters, 2079 Covington Avenue, Simi Valley, spoke representing G. I. Rubbish. He said his company does accept the terms and conditions regarding the temporary refuse franchise. Minutes of the City Council Moorpark, California Page 4 7. COMMITTEE REPORTS: 8. CONSENT CALENDAR: (Roll Call Vote) September 18, 1991 MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to pull item 8.A. Minutes of the Regular September 4, 1991, 8.H., 8.T. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. ffI Consider Approval of Minutes of the Special City Council Meeting of September 4, 1991. Consider Minutes of the Adjourned City Council Meeting of August 14, 1991. Consider Minutes of the Regular City Council Meeting of August 21, 1991. Consider Minutes of the Special City Council Meeting of August 21, 1991. Staff Recommendation: Warrant Register FY 1990 -91 Regular Warrant FY 1991 -92 Approve minutes as processed. 16134 $ 736.00 Manual Warrants 16130 - 16131 $ 473.20 Regular Warrants 16135 - 16227 $328,398.30 C. Consider Rejection of Claim - Leslie Durley vs City of Moorpark. Staff Recommendation: Reject claim and direct staff to notify the claimant. D. Consider Villa Campesina Second Mortgage Transfer Procedure (TR- 4147) /RPD No. 1049). Staff Recommendation: Authorize City Manager to approve any "roll- over" of CDBG deferred loan money to subsequent very low and low - income buyers for the Villa Campesina (TR- 4147 /RPD -1049) development. E. Consider LDM -8 (Annotti) - Exoneration of Grading Bond. Staff Recommendation: Authorize City Clerk to exonerate grading bond in the amount of $39,000. Minutes of the City Council Moorpark, California Page 5 September 18, 1991 F. Consider Recycling Program Status Report. Staff Recommendation: Receive and file the report. G. Consider Construction of a Sidewalk on the West Side of Spring Road from Roberts Street to a Point South of Railroad Crossing. Staff Recommendation: Approve project and authorize City Manager to execute contract change order. I. Consider Follow -Up Report on Independence Day Celebration. Staff Recommendation: Receive and file the report. J. Consider Report on Final Conditions for Country Days Events. Staff Recommendation: Receive and file the report. K. Consider City Manager Approved Contracts (CDBG). 1) Senior Nutrition 2) Adult Literacy Program 3) Legal Services Staff Recommendation: Receive and file the report. L. Consider City Manager Approved Contract - Copy Machine Service. Staff Recommendation: Receive and file the report. M. Consider City Manager Approved Contract - Super Seal and Stripe. Staff Recommendation: Receive and file the report. N. Consider Mission Statement, Goals and Objectives. Staff Recommendation: Receive and file the report. O. _Consider Rescinding Prior Action to Release $25,000 Cash Bond (Mundee). Staff Recommendation: Rescind action taken on July 17, 1991 to refund cash bond. P. Consider McDonald's Restaurant - Concurrent Processing of a General Plan Amendment, Zone Change, Parcel Map and Commercial Planned Development - Request for Consultant Assistance. Staff Recommendation: That the City Council authorize the Director of Community Development to obtain consultant assistance and return to the Council with any proposed contracts for approval. Minutes of the City Council Moorpark, California Page 6 September 18, 1991 Q. Consider Resolution No. 91 -796_ Designatincf the Intersection of Mountain Trail Street and Countryhill Road to be a Three -Way STOP Intersection and Amend Resolution No. 88 -507 by Deleting Therefrom Prior Action Pertaining to Said Intersection. Staff Recommendation: Adopt Resolution 91- designating the intersection of Mountain Trail Street and Countryhill Road as a three -way stop intersection. R. Consider Approval of a Chanqe in the Desian for the Traffic Signal to be Constructed at the Intersection of Peach Hill Road and Spring Road by Deleting the Early Warning Flashing Signals. Staff Recommendation: Approve design change to delete flashing warning signals. S. Consider Permanent Soccer Goals for Campus Canyon Park. Staff Recommendation: Approve installation of soccer goals at Campus Canyon Park and appropriate $1800 from Park Improvement Fund (Campus Park Neighborhood Zone). U. Consider Taping and Cablecast of the General Plan Hearings. Staff Recommendation: Receive and file the report. V. Consider Authorization to Reaue_st Proposals for Optical Disk Information Management System. Staff Recommendation: Direct staff to proceed with solicitation of responses to City's RFP's. The following items were pulled from the Consent Calendar for individual consideration: A. Consider Approval of Minutes of the Regular City Council Meeting of September 4. 1991. Councilmember Talley requested that the audio tape recording of the meeting be reviewed with regard to Item 8.K., Consider Request from McDonald's to Separate their General Plan Amendment Request from the City's General Plan Update Process as the minutes did not adequately reflect the position of the Council on this item. CONSENSUS: By consensus, the Council determined to continue this item to the meeting of October 2, 1991 and direct staff to review the audio tape for additional comments from the Council. Minutes of the City Council Moorpark, California Page 7 September 18, 1991 H. Consider Agreement and Irrevocable Offer of Dedication (CUP - 90-2 (Coptic Church) Related to Conditions 55 and 56 of the Resolution of Approval. Staff Recommendation: Take action to authorize the recordation of the Irrevocable Offer of Dedication and authorize the Mayor to sign the agreement for deferment of public street improvement work upon receipt of fees. In response to Councilmember Montgomery, Mr. Richards clarified that $2,465.00 was the total due to the City for outstanding processing costs with the exception of the City Attorney expenses not yet posted. In answer to Council question, Mr. Kueny said that the issue of the outstanding processing costs could appropriately be separated from the action recommended by staff tonight. He said all costs including the City Attorney charges for preparing the legal documents pursuant to Condition Nos. 55 and 56 should be available for discussion at the October 2, 1991 meeting. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to approve the staff recommendation to authorize the City Clerk to record the Irrevocable Offer of Dedication and to authorize the Mayor to sign the Agreement for Deferment of Public Street Improvement Work. The motion carried by unanimous voice vote. T. Consider Resurfacing Basketball Courts at Glenwood and North Meadows Parks. Staff Recommendation: Authorize resurfacing of basketball courts at North Meadows Park. In response to Councilmember Wozniak, Mr. Newhouse said the recommended process for resurfacing would be a four -coat application of paint. He said this process was used by the Conejo Parks and Recreation District and it has worked very well. Councilmember Wozniak expressed concern about the choice of colors for the resurfacing (red and blue). Minutes of the City Council Moorpark, California Page 8 September 18, 1991 MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to direct staff to solicit bids to apply a paint application to the surface of the two basketball courts at North Meadows Park; to report on the surface condition after three months of use to the Parks and Recreation Commission and City Council, and recommend if the same application should be made to the Glenwood Park basketball courts; to authorize the City Manager to execute all contracts necessary to resurface the two basketball courts at North meadows Park in an amount not to exceed $3,600; the Public Works /Facilities Committee to determine the color of the paint. The motion carried by unanimous voice vote. 9. PUBLIC HEARINGS: A. Consider Resolution of Necessity No. 91- to Acquire Certain Street Right -of -Way at 14110 Los Angeles Avenue (Patton )-. Staff Recommendation: Adopt Resolution No. 91- (Continued Item 9.A. from 9/4/91) This item was continued to September 25, 1991. B. Consider CPD 89 -1 and -2 Major Mod) Mission Bell Plaza and Tentative Tract Map 4757 on Application of Ventura Capital Pacific Company and Macleod Construction Company - A Proposal to Amend the Site Plan of a Previously Approved Shopping Center. Staff Recommendation: 1) Certify the Final Supplemental EIR and adopt the mitigation monitoring plan, findings and Statement of Overriding Considerations, 2) adopt resolutions approving major modification #1 to CPD 89 -1, 89 -2, TTM 4757, and 3) Rescind all previously approved resolutions in regards to the original approval of the project on October 17, 1990. (Continued Item 9.B. from 9/4/91) Mr. Richards gave the staff report. Mitchel Kahn, 300 Esplanade Drive, Oxnard, spoke as legal counsel for Ventura Capital Pacific, an applicant for the project. Mr. Kahn outlined the following concerns regarding the conditions of approval for this project. 1. Last paragraph of Condition No. 25 should have the three - year temporary permit extend from the first Certificate of Occupancy and not the first building permit. 2. Condition Numbers 45, 48, 84i and 91 and Tentative Tract Condition Nos. 20 and 27: Minutes of the City Council Moorpark, California Page 9 September 18, 1991 Add "Applicant shall retain the right to protest the amount and the spread of the proposed assessment." 3. CPD Condition No. 58: Delete the language in italics. Modify the second and third sentences to read: "The applicant for Phase I shall deposit $100,000 of the total fee with the Department of Community Development prior to issuance of the first building permit. The total fee shall be prorated over the square footage of building area contained in the entire Mission Bell Plaza (CPD 89 -1, CPD 89 -2) and incrementally paid at the time of the issuance of Certificates of Occupancy, subject to the applicant for Phase I receiving a credit for the first $100,000 deposited against the first and subsequent Certificates of Occupancy issued for buildings in Phase I." 4. CPD Condition No. 64: Add to the first sentence "Except as permitted and contemplated by Condition 59, no Certificate of Occupancy shall....." 5. CPD Condition No. 84(a) and Tentative Tract Condition 20(a): Modify the third sentence of the third paragraph to read: "The applicant shall pay all legal costs, including but not limited to, attorneys' fees and administrative costs incurred by the City to impose and /or enforce said agreement, or at applicant's discretion, applicant may waive its eligibility for reimbursement." 6. Condition No. 104: Other conditions to be modified as necessary to conform with this one. Ken Macleod, 4262 Telegraph Road, Ventura, spoke representing Macleod Construction Company, an applicant for the project. Mr. Macleod requested that he be allowed to record the Land Division Map without the required bonding and that the City have an equitable lien on the property in lieu of bonds. He said his firm will submit for approval some cost estimates that could serve as the basis for the bond amounts with an additional amount added for safety and cost escalation. He stated that this lien would be subordinate to the loan on the property. Mr. Macleod also stated that they would like to Minutes of the City Council Moorpark, California Page 10 September 18, 1991 avoid any double bonding requirements for improvements in connection with their project and that they would like to pay additional fees at the time of building permit issuance rather than at the time of filing the parcel map. Mr. Macleod asked if it is necessary to give the reciprocal easement access immediately or if it can occur as late as the attainment of an anchor tenant on their side of the shopping center. In response to Councilmember Montgomery, Mr. Macleod said he would agree to the reciprocal parking agreement being provided now. Barbara Schultz, 116 Sierra Avenue, stated that the project should not be done in phases, but should be constructed all at once. Mela Cano, 148 Sierra Avenue, expressed concerns about the new plans that Mr. Macleod presented at the previous meeting. She said the previous plan looks better and she restated the need for security at the center twenty -four hours a day. Ken Loe, 8410 Waters Road, asked if Mr. Macleod must undergo a General Plan amendment for the new plan presented and Mr. Loe encouraged Council to require security at the shopping center. Councilmember Montgomery asked if the City Engineer has verified that the additional nine feet is actually the amount needed to modify the parking area. The Assistant City Engineer responded that the amount needed to modify the parking area has not yet been verified. Councilmember Montgomery continued by clarifying the following conditions contained in the staff report with Mr. Richards: 1. Similar language regarding assessment districts will be taken from the Martin V. Smith hotel project conditions and placed as a condition for Mission Bell Plaza. 2. Condition 64 on page 13 - There will be a reference to Condition 59 to clarify the language in this condition. 3. Condition 84 (a)on page 16 - There is a waiver of eligibility in the third paragraph that is concurred with by the City. Minutes of the City Council Moorpark, California Page 11 September 18, 1991 4. Parking issue on page 8 - Councilmember Montgomery said the City should accept a subordinate lien in lieu of bonding from Mr. Macleod; this applicant to provide a reciprocal parking access agreement; the easterly building located adjacent to Park Lane Avenue to be moved nine feet. 5. Condition 58 on page 12 - Councilmember Montgomery said that the total amount of $100,000 would be due and payable when the first building permit is pulled. He said it would be paid with the building permit and subsequent amounts would be paid on a pro rata basis based on square footage at the time certificates of occupancy of any new building, including K -Mart, are issued. Councilmember Talley said Condition 28 on page 37 addresses the hours of construction as being 7 a.m. - 7 p.m. weekdays. He said the wording in Condition 104, page 20 is not consistent. Mr. Talley stated that construction should not begin until 9:00 a.m. on Saturdays. In response to Council question, Ms. Kane said she would review the Subdivision Map Act during the break regarding requirements for bonding. AT THIS POINT in the meeting a recess was declared. The time was 9:20 p.m. The meeting reconvened at 9:55 p.m. Councilmember Wozniak stated his concerns that dust mitigation and the impacts during construction on Chaparral School were not addressed in the EIR. He requested the inclusion of these matters in the EIR. Ms. Kane stated that her review of the Map Act and the City's Subdivision Ordinance indicate that a security interest in a property in lieu of bonding is allowable. Minutes of the City Council Moorpark, California Page 12 September 18, 1991 MOTION: Councilmember Montgomery moved and Council Wozniak seconded a motion to allow Mr. McCleod to record his parcel map, accepting in lieu of bonding a subordinate lien on the property; to direct staff to prepare the documents necessary so that recording of the subordinate lien could occur at the earliest possible date; to direct staff to provide language that would limit uses and/or square footages should the easement provided by the reciprocal agreement between the two phases of the project cease to exist; to certify the final supplemental EIR and adopt the mitigation monitoring plan, findings and Statement of Overriding Considerations for those significant impacts identified in the Supplemental EIR which cannot be mitigated below a level of significance; and to rescind all previously approved resolutions in regards to the original approval of the project on October 17, 1990; and to direct staff to prepare the necessary resolutions of approval for adoption at the meeting of October 2, 1991. The motion carried by unanimous voice vote. Mr. Kueny said staff could prepare language to Condition 25 D. Consider DA -91 -1 - A Request for Development Allotments - Abe Guny. Staff Recommendation: 1) Evaluate the point rating approved by the Residential Development Management Board, and make a determination on concurrence or dissent with the recommended rating, 2) If concurrence is made with the point rating, adopt Resolution No. 91 -797, resolution of approval for DA -91 -1 (Abe Guny), 18 Development Allotments. Ms. Mallory Phipps gave the staff report. The applicant, Abe Guny, had no comments at this time. Mayor Lawrason opened the public hearing. There being no public speakers, Mayor Lawrason closed the public hearing. Councilmember Perez commented that the applicant had worked with the City to preserve open space. He questioned the point assignment of 5 points regarding the provisions for useable open space. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to change the point assignment recommended by the Residential Development Evaluation Board regarding provisions for useable open space from 5 points to 7 points. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 13 September 18, 1991 MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to approve the staff recommendation to concur with the recommended rating as approved by the Residential Development Evaluation Board with the exception of the provisions for useable open space as previously amended; and to approve Resolution 91 -787 awarding development allotments for 1991 to Tract Map No. 4652, Abe Guny. The motion carried by unanimous voice vote. E. Consider RPD 91 -1 and LDM 91 -2 (Bibo) Proposal for 100 -Unit Affordable Apartment Complex and Four -Lot Subdivision. Staff Recommendation: That Council consider the Planning Commission recommendation to deny the Land Division Map and Residential Planned Development Permit requests. Councilmember Perez left the dais because of a possible conflict of interest. Paul Porter gave the staff report. Mayor Lawrason opened the public hearing. Dave Fukutomi, 360 Mobil Avenue, Camarillo, spoke representing the applicant. He introduced the architect for the project, Marc Fidler, 360 Mobile Avenue, Camarillo. Mr. Fidler spoke and said the applicant will comply with all conditions of approval, but that the cost incurred as a result of those conditions must be recouped in the market. He commented as follows: 1. Item 1.A. on page 2 of the staff report deals with interior open space. He indicated that the applicant has reduced the size of the courtyard, but it still measures a more than adequate 43 feet in width. 2. The applicant will build a swimming pool and two tot lots to enhance the recreational facilities available at the proposed project. 3. The thickness of the walls between individual living units that the City is requiring is above and beyond what should be required and exceeds the Uniform Building Code. He questioned why this project is being singled out for sound attenuation between units. Justin Farmer, 207 South La Brea Blvd, La Brea, spoke as the traffic engineer for the project. He addressed three items as follows: Minutes of the City Council Moorpark, California Page 14 September 18, 1991 1. Validity of the Traffic Count - To ascertain accuracy of the first traffic study, a second was taken in August, 1991. He said there was a 5% lower traffic count than the count taken in February. He said the applicant is satisfied that the traffic counts are accurate. 2. Validity of Trip Generation Forecasts - All traffic entering and leaving the existing complex was evaluated. He said the applicant is satisfied that the original forecast erred on the side of overforecasting. 3. Trip Distribution Forecast - The estimated volume figure of 100 vehicles per hour on Millard was 20% too high. Their study shows no need for a signal at Millard and Los Angeles Avenue and no need to extend Millard. Mr. Fukatomi, said this project meets the City's needs for the affordable housing goals of the City's housing element. Gary Verboon, 11355 W. Olympic Blvd, Suite 550, Los Angeles, spoke as legal counsel for the Regal Park Homeowners' Association. Mr. Verboon said there are concerns with parking, safety and environmental issues that have not been satisfactorily resolved. Eugene O'Brien, 150 E. Los Angeles Avenue, stated that the traffic study that was conducted was not accurate and conclusive. He appealed to the Council to deny the project due to its high density. Wes Ardahl, 150 Majestic Court, #1107, spoke in opposition to the Bibo project due to the high population density of it. Richard Gable, 150 E. Los Angeles Avenue, #305, said he is opposed to the proposed project because it will increase traffic significantly and the pool areas would be a constant concern with so many children present. Minutes of the City Council Moorpark, California Page 15 September 18, 1991 Roger Smith, 150 Majestic Court, #1009, stated his opposition to the project due to its high population density in such a small area. Deborah Menard, 150 -802 Majestic Court, said she is opposed to the Bibo project due to the possibility of increased crime in the area as a result of the high density of tenants that would live there. Mary D'Attile, 151 Majestic Court, said one of her objections to the project is the irrevocable easement from the Flood Control District to allow off -site parking that she believes exists. She appealed to the City Council to recommend denial of the project. Teresa Schmidt, 90 Fremont, recommended denial of the project due to the property devaluation that it may cause to surrounding property. Dominic Schmidt, 90 Fremont Street, spoke in opposition to the project. Frank J. Dyjur, 150 E. Los Angeles Avenue, #501, stated his opposition to the project due to the high density of population. Varoujan Paul, 4611 Bella Vista Drive, spoke opposed to the project because t will overuse the services of the community, such as police for increased crime and the impact on local schools. David J. Fukutomi, 360 Mobil Avenue, Camarillo, spoke again and addressed the following points that had been expressed by the public testimony. 1. Parking. He said the area to be used for the off -site parking is not owned by the Ventura County Flood Control District. The area the project will utilize is owned by a private individual. 2. Traffic Study. The City's traffic engineer reviewed the study and it was deemed complete and accurate. 3. Density. It is currently zoned RPD 12 units and the proposed density conforms with the zoning. The density is substantially less than the Le Club Apartments next door. Minutes of the City Council Moorpark, California Page 16 September 18, 1991 4. Size of Units. These units are substantially larger than most market units said Mr. Fukutomi. 5. Recreational Amenities. Bibo will construct a pool and two tot lots to accommodate the need for recreational facilities. 6. Property Devaluation. Mr. Fukutomi stated that he has not seen anything conclusive that this proposed project will devalue surrounding properties. 7. Tenant Character. Mr. Fukutomi said the average income of some of the units would be $44,000 per year, which is much higher than some other citizens in Moorpark. In addition, Mr. Fukutomi said Bibo would welcome dialogue with the Homeowners' Association to work to mitigate their concerns. In response to Councilmember Talley, Mr. Fukutomi indicated that the rents would be based upon a median income figure of $54,000 for a family of four. In response to Councilmember Talley, staff clarified that the median income for Ventura County for a family of four is $48,400 and therefore the rents would be lower than being represented by Mr. Fukutomi. Mr. Fukutomi said they will waive the right to receive copies of all of the public correspondence regarding this project, but will request they be provided at a later date. In response to Mr. Kueny, Mr. Fukutomi said the applicant is aware of their obligation to pay the Quimby fees if the project is approved. Mayor Lawrason closed the public hearing. After further Council discussion, the following motion was heard: MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion that the Council concur with the Planning Commission reasons for recommending denial of the project as presented in Planning Commission Resolution No. 91 -247; that adequate and factual information being provided to the Council this evening, the Council makes the following findings, consistent with with Nos. 1, 2, & 4 of page 5 of the staff report: Minutes of the City Council Moorpark, California Page 17 September 18, 1991 1) the City has adopted an adequate housing element and the project is not needed for the jurisdiction to meet its share of the regional housing needs of low income housing; 2) the project as proposed would have a specific adverse impact upon the public health or safety which cannot be satisfactorily mitigated without rendering it affordable; 4) Approval of the project would increase the concentration of lower income households in a neighborhood that already has a disproportionately high number of lower income households. Staff directed to prepare a resolution denying the requested Land Division Map and Residential Planned Development Permit for presentation at the City Council's next regular meeting of October 2, 1991. The motion carried by voice vote 4 -0, Councilmember Perez absent for the vote. Councilmember Perez returned to the dais. AT THIS POINT in the meeting the following motion was heard: MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to open Public Hearings for 9. C. , 9. F. , 9.H. , and continue them to September 25, 1991; to open Public Hearings 9.G., and 9.I. and continue them to October 2, 1991. The motion carried by unanimous voice vote. C. Consider DA -91 -2 - A Request for Surplus Development Allotments by the Westland Company. Staff Recommendation: 1) Evaluate the tentative point ranking recommended by staff and make a determination on point assignment consistent with Resolutions 87 -421 and 88 -522, and 2) adopt Resolution No. 91- , resolution of approval for DA -91 -2 (Westland Company Project). Award of allotments shall be made available when the zone change is effective. This item was continued to September 25, 1991. Minutes of the City Council Moorpark, California Page 18 September 18, 1991 F. Consider Zoning Code Ordinance Amendment Regarding Parking Requirements within Private Multi -Level Structures. Staff Recommendation: Should the Council desire to amend the City's zoning code regarding parking standards for multi -level parking garages it is recommended that spaces be no smaller than 8.5 by 20 feet in size. This item was continued to September 25, 1991. G. Consider Coneio Readv Mix Concrete, Conditional Use Permit No. 706, Minor Modification No. 2. Staff Recommendation: Direct staff to draft a resolution of approval to be considered at 10/2/91 City Council meeting with conditions and findings. (Applicant has requested continuance to 10/16/91.) This item was continued to October 2, 1991. H. Consider Zoning Code Ordinance Amendment Regarding Auto Body Repair and Painting Uses in Commercial and Industrial Zones. Staff Recommendation: Approve Planning Commission resolution as modified and direct staff to prepare revised ordinance. This item was continued to September 25, 1995. I. Consider An Ordinance of the City of Moorpark, California, Amending Certain Provisions of Chapter 5.64 to Title 5 of the Moorpark Municipal Code; Pertaining to Peddlers, Itinerant Merchants and Solicitors. Staff Recommendation: Continue this item to the next regularly scheduled City Council meeting of October 2, 1991. This item was continued to October 2, 1991. 10. COMMENTS FROM COUNCIL MEMBERS: None. 11. ACTION /DISCUSSION ITEMS: A. Reconsider Previous Actions Regarding Resolutions of Approval for Residential Planned Development Permit Nos. 90 -1 90 -3 and 90 -4 Plus Tentative Tract Maps 4738 and 4726 (Applicant - The Westland Companvl. Staff Recommendation: Make no change to conditions of approval. (Continued Item 11.A. from 9/4/91) This item was continued to September 25, 1991. Minutes of the City Council Moorpark, California Page 19 September 18, 1991 B. Consider Amending the Senior Center Lease Agreement. Staff Recommendation: Continue this item to the next regularly scheduled meeting of October 2, 1991. (Continued Item 11.B. from 9/4/91) This item was continued to October 2, 1991. C. Consider Affordable Housina and Resale Restriction Agreements for Saranac Ventures, Inc. (Westland - Tract Nos. 4726 and 4738) Residential Project. Staff Recommendation: Approve Affordable Housing and Resale Restriction Agreements and direct Mayor to sign Affordable Housing Agreement. This item was continued to September 25, 1991. D. Consider Award of Bid for Picnic Shelters and Restrooms. Staff Recommendation: Award bid to Jevon Construction. (Continued Item 8.J. from 9/4/91) (ROLL CALL VOTE) The staff report was waived. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to award the bid for picnic shelters and restrooms to Jevon Construction in the amount of $245,713.82, to be constructed as follows: 1) four picnic shelters, one each at Campus, Glenwood, Griffin and North Meadows Parks, a 7% contingency /inspection fund of $6,357.96 to be appropriated for a total project cost of $97,186 from the neighborhood portion of the Park Improvement Fund; and 2) construction of three slumpstone restroom buildings, one each at Campus Canyon, Griffin and North Meadows Parks at a of $154,885.78, with a contingency /inspection fund of $10,842.00 for a total project cost of $165,727.78; staff directed to reimburse Jevon Construction with the first progress payment for the approximate $12,000 cost Jevon Construction paid to secure a labor and performance bond, this reimbursement payment to be in exchange for a credit of $12,737.50 for electrical construction work necessary to provide electrical service to the picnic shelters; staff directed that capital improvements approved in the FY 91/92 budget for North Meadows Park are to be deferred and a loan made to the neighborhood portion of the Mountain Meadows Zone of $3,947.17 from the Campus Park Zone with the understanding that the loan shall be repaid when funds are received. The motion carried by unanimous roll call vote. Minutes of the City Council Moorpark, California Page 20 September 18, 1991 E. Consider Community Services Department Logo. Staff Recommendation: Approve Parks and Recreation Commission recommendation. This item was continued to September 25, 1991. F. Consider Award of TemDorary Commercial Refuse Permits. Staff Recommendation: Award permits to E. J. Harrison and Sons, G. I. Rubbish, and Moorpark Disposal. The staff report was waived. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the staff recommendation to award temporary commercial refuse permits to E.J. Harrison and Sons Rubbish Service, G.I. Rubbish Company and Moorpark Disposal Service. The motion carried by unanimous voice vote. G. Consider Rescheduling Meeting Date for Second Meeting in October. Staff Recommendation: Direct staff as deemed appropriate. This item was continued to September 25, 1995. H. Consider Available Options to Pursue the Possible Construction of Block Walls Along the Rear Property Lines of Properties on Sherman Avenue (Los Angeles Avenue West of Spring Road. Staff Recommendation: Direct staff as deemed appropriate. This item was continued to September 25, 1995. I. Consider Approval of Funding for an Additional Crossing Guard. Staff Recommendation: Approve funding of one additional Crossing Guard through January 31, 1992. The staff report was waived. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the staff recommendation to approve the addition of an eighth Crossing Guard through the end of January 1992; to direct staff to continue to reevaluate the Crossing guard program and to explore program funding options; and to direct staff to report back to the City Council at the second meeting in January on future program requirements. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 21 September 18, 1991 J. Consider Alternate Turf for South Meadows Park Mr. Kueny recommended that the Council consider approving the change in turf grass at South Meadows Park to a mix of 70% Rye and 30% hulled Bermuda as outlined in Mr. Newhouse's staff report but suggested that Urban West Communities be required to overseed the entire South Meadows Park turf area with 100% Hulled Bermuda, top dressing and fertilizers twice rather than the once recommended in the staff report. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to approve the staff recommendation as stated and modified by the City Manager above. The motion carried by unanimous voice vote. 12. ORDINANCES: A. Consider Second Reading and Adoption of Ordinance No. 144 - An Ordinance Adopting Zone Change No. Z -90 -2 (Westland Company). This item was continued to September 25, 1991. 13. FUTURE AGENDA ITEMS: None. 14. CLOSED SESSION: No Closed Session was held. 15. ADJOURNMENT: MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to adjourn the meeting to September 25, 1991 at 7:00 p.m. The motion carried by unanimous voice vote. The time was 12:20 a.m. Paul W. Lawia on Jr., Mayo ATTEST: