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HomeMy WebLinkAboutMIN 1994 0427 CC ADJMINUTES OF THE CITY COUNCIL Moorpark, California April 27, 1994 An Adjourned Regular Meeting of the City Council of the City of Moorpark was held on April 27, 1994 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 7:10 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Perez led the Pledge of Allegiance. 3. ROLL CALL: Councilmembers Hunter, Montgomery, Perez, Wozniak. Absent: Mayor Lawrason. Staff Present: Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney, Jim Aguilera, Director of Community Development; Ken Gilbert, Director of Public Works; Steve Hayes, Economic Development /Redevelopment Manager; Kathleen Mallory, Associate Planner; Ed Tumbleson, Sheriff's Department; Lillian Hare, City Clerk; and Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: None. Councilmember Montgomery stated his intention to ask for a reconsideration of item 9.B., the Major Modification Number 2 filed by Kaufman and Broad relative to RPD 1041, Tract 3963 - Phase 4, after public comment and prior to future agenda items. CONSENSUS: By consensus, the Council determined to hear public comment prior to number 5. Reordering Of, and Additions to, the Agenda. 6. PUBLIC COMMENT: Tim Saivar, 15594 Mallory Court, said a design review board could have resolved a lot of these problems prior to the issue coming before City Council. Ethel Sulkis, 270 Sierra Avenue, spoke in favor of the Kaufman & Broad project. Minutes of the City Council Moorpark, California 2 April 27, 1994 Eloise Brown, 13193 Annette Street, spoke in favor of the proposed development. Steve Wellen, 15534 Mallory Court, spoke in opposition to the proposed development. Walt Duchanin, 15712 Graduate Circle, indicated his opposition to reconsideration of this item. Leanne Bossard, 7305 University Drive, emphasized that the City Council should remain with the General Plan and not reconsider this item. Steve Carr, 15441 Mallory Court, opposed reconsideration of the Kaufman & Broad proposal. Christopher Seeman, 15418 Mallory Court, commended the City Council on their decision to deny the Major Modification and said they should not reconsider the project. David Buchanan, 15421 Mallory Court, spoke in opposition to the project. Sonia Ugarte, 15546 Mallory Court, spoke in opposition to the reconsideration of the project. Richard Evans, 15588 Mallory Court, spoke in opposition to the reconsideration of the project. Sharon Evans, 15588 Mallory Court, requested that the City Council deny the motion to reconsider the project. Vicki Wall, 15564 Mallory Court, spoke in opposition to the reconsideration of the Kaufman & Broad project. Jeff Wall, 15564 Mallory Court, spoke in opposition to the reconsideration of the Kaufman & Broad project. John Wall, 15564 Mallory Court, spoke in opposition to the reconsideration of the Kaufman & Broad project. Betty Sullivan, 15577 Mallory Court, strongly opposed reconsideration of the project. Mr. and Mrs. Paul Wason, 15350 Mallory Court, stated that they strongly oppose reconsideration of the project. Michael Mars, 15701 Graduate Circle, indicated his opposition to the project reconsideration. Minutes of the City Council Moorpark, California 3 April 27, 1994 Stan Mars, 15584 Doris Court, stated that he opposes reconsideration of the project. Sandy Wellen, 15534 Mallory Court, stated that she opposes reconsideration of the project. Joseph Ways, 15319 Stanley Court, indicated his opposition to reconsideration of the project. Dennis Masino, 15478 Mallory Court, indicated that he opposed reconsideration of the project. Chris Menefee, 15478 Mallory Court, indicated his opposition to the reconsideration of this item. Rick Bell, 15413 Mallory Court, opposed the reconsideration of this item. Marguerite Sebeny, 15559 Mallory Court, stated her opposition to the reconsideration of this item. Forrest Telleson, 15430 Mallory Court, indicated her opposition to the Kaufman & Broad project. Steve Miller, 7124 Shakespeare Place, indicated his opposition to the reconsideration of the Kaufman & Broad project. Tracie Miller, 7124 Shakespeare Place, indicated her opposition to the project. Judith A. Roller, 15784 Milne Court, spoke in opposition to the project. Allan Kahn, 15609 Borges Court, spoke in opposition to the reconsideration of this item. Tom Sebeny, 15559 Mallory Court, indicated his opposition to the Kaufman & Broad project. Michael Leckrone, 15529 Mallory Court, spoke in opposition to the reconsideration of this project. Pamela Lormans, 15490 Mallory Court, spoke in opposition to the reconsideration of the project. Lina Santelli, 15549 Doris Court, spoke in opposition to the reconsideration of the project. Margie Bryant, 15793 Milne Court, let her husband speak. Minutes of the City Council Moorpark, California 4 April 27, 1994 Doug Bryant, 15793 Milne Court, indicated his opposition to the reconsideration of the project. Anzor C. Mahatadse, 15365 Mahan Court, spoke in opposition to the reconsideration of the project. Hedy Gibson, 15717 Milne Court, spoke in opposition of the reconsideration of the project. Debra Smith, 15660 Trollope Court, spoke in opposition to the reconsideration of this item. Elizabeth Doe, 15504 Doris Court, spoke in opposition to the reconsideration of this item. Debra Martin, 15528 Mallory Court, spoke in opposition to the reconsideration of this item. Lucy Migliore, 15522 Mallory Court, indicated her opposition to the Kaufman & Broad project. Lance Martin, 15528 Mallory Court, indicated his opposition to the reconsideration of this item. Robert Migliore, 15522 Mallory Court, spoke in opposition to the reconsideration of this item. Alan Pittle, 15454 Mallory Court, spoke in opposition to the project. Victor W. Rader, 15690 Borges Court, indicated his opposition to the project. Barbara Newman, 7234 University, requested that the City Council not reconsider their decision on this item. Debbi Shaw, 7117 Shakespeare Place, spoke in opposition to the project. Lisa Melchior, 15748 Swift Place, spoke in opposition to the project. Steve Bohnert, 15295 Monroe Avenue, spoke in opposition to the reconsideration of the project. John Cleary, 6932 Pecan Avenue, spoke in opposition to the reconsideration of the project. Janet King, 15690 Borges Court, spoke in opposition to the Minutes of the City Council Moorpark, California 5 April 27, 1994 reconsideration of the Kaufman & Broad project. Ernest Siracusa, 880 Hampshire Road, (no City listed on speaker card), spoke representing the Siracusa Company. He spoke in support of the reconsideration of the project. Cheri Risley Bohnert, 15295 Monroe Avenue, spoke in opposition to the Kaufman & Broad project. Mark Jenkins, 15748 Milne Court, stated his opposition to the reconsideration of the project. CONSENSUS: By consensus, the Council determined to waive the Rules of Procedure and accept late speaker cards. Kevin Mauch, 13906 Keisha Drive, spoke in opposition to the reconsideration of the project. Pete Wetzler, 15369 Bambi Court, spoke in opposition to the project. Dave Cihon, 15302 Braun Court, requested that the Council not vote for reconsideration of the project. John LaJoy, 15565 Mallory Court, spoke in opposition to the Council reconsidering the project. Linda Hovanec, 15513 Mallory Court, spoke in opposition to the reconsideration of the Kaufman & Broad project. Michael Gaumer, 15326 Rains Court, spoke in opposition to the reconsideration of the project. Mark Beisswanger, 21900 Burbank Blvd, Burbank, spoke representing Kaufman & Broad. He indicated that Kaufman & Broad would be an asset to the community as a developer and he requested that reconsideration be granted to the proposed project. AT THIS POINT in the meeting a recess was declared. The time was 9:14 p.m. The meeting reconvened at 9:24 p.m. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Montgomery stated for the record that the order -- public comment first and then reconsideration -- was determined by the City Attorney. He said he was requesting reconsideration for three reasons -- that he had miscalculated some of the numbers relative to the project; that definitive Minutes of the City Council Moorpark, California 6 April 27, 1994 targets for number of homes of specific size to be built should be determined; and believed other Councilmembers might not have been afforded the opportunity to provide a solution that may have resolved the situation. 9.B. Consider Major Modification Number 2 (Filed by Kaufman and Broad) to Residential Planned Development Permit Number 1041 (Tract 3963 - Phase 4), for the Construction of 87 Single - Family Homes, within Campus Hills - Moorpark. Staff Recommendation: 1) Open the public hearing and receive public testimony; 2) Approve Major Modification Number 2 with conditions of approval as noted within Attachment Number 11 of the staff report; 3) Direct staff to prepare a Resolution of Approval to be presented to the Council at the Council meeting of May 4, 1994. MOTION: Councilmember Montgomery moved for a reconsideration of the action taken on April 20, 1994. MAYOR PRO TEM HUNTER STATED THAT THE MOTION DIES FOR LACK OF A SECOND. AT THIS POINT in the meeting a brief recess was declared. The time was 10:00 p.m. The Council reconvened at 10:20 p.m. 7. COMMITTEE REPORTS: None. S. CONSENT CALENDAR: None. 9. PUBLIC HEARINGS: None. 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: None. Minutes of the City Council Moorpark, California 7 April 27, 1994 11. ACTION /DISCUSSION ITEMS: A. Consider Exoneration of Bonds for Tract 4081 (Colmer). Staff Recommendation: Direct staff as deemed appropriate. CONSENSUS: By consensus, the Council determined to continue this matter to May 4, 1994 at the request of the applicant. B. Consider Appropriation for Construction of Office Space. Staff Recommendation: The Budget and Finance Committee and staff recommend that the Council 1) Authorize modification to the Citrus Room for use as an EOC using the funds currently available in Administrative Services (01.4.117.629); 2) Assign the Budget and Finance Committee to investigate the financial and budget impacts of constructing, leasing or buying required office space; and, 3) Appropriate $2,500 from the General Fund to Administrative Services for professional services (01.4.117.641) related to the investigation of the alternatives noted. Mr. Hare gave the staff report. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to approve the staff recommendation as reported above. The motion carried by roll call vote 4 -0, Mayor Lawrason absent for the vote. C. Consider Revisions to the City's First Time Home Buyer Program for Tract 3963. Staff Recommendation: Authorize readvertisement of the Tract 3963 First Time Home Buyer Program, based on the revised sales price and Program criteria proposed by staff; and if no qualified first time home buyer is found, authorize the City Manager to sell the home for the highest price that can be obtained, but not less than $190,000, to any buyer with a qualifying income of 150 percent of the County median income, and with no resale restrictions or equity provisions. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to approve the staff recommendation as listed above. The motion carried by voice vote 4 -0, Mayor Lawrason absent for the vote. Minutes of the City Council Moorpark, California 8 April 27, 1994 D. Consider Resolution No. 94 -1030 - Strategies to Encourage Mixed Use Development, Restaurants, and Dry Cleaning Facilities Within Industrially Zoned Parcels, and The Creation of a Social Services Element for Inclusion into the City's General Plan. Staff Recommendation: 1) Adopt Resolution No. 94 -1030 instructing the Planning Commission to study, hold a public hearing, and provide recommendations to the City Council pertaining to modifications to the City's Zoning Ordinance for the allowance of mixed use development and dry cleaning facilities and restaurants in industrially zoned parcels; 2) On the issue of the Social Services Element for inclusion into the City's General Plan, direct staff as deemed appropriate. Mr. Aguilera gave the staff report. In response to Council question, he indicated he would provide information to the Council on the Social Services Element. Councilmember Montgomery said he could not support this item as it had a fiscal impact. He said non - revenue producing activities of the Community Development Department needed to be carefully analyzed in light of the difficult budget decisions to be made. In response to Council question, Mr. Aguilera determined that if would take approximately 10 -15 staff hours to complete the work for this item. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to approve the staff recommendation to adopt Resolution No. 94 -1030 instructing the Planning Commission to study, hold a public hearing, and provide recommendations to the City Council pertaining to modifications to the City's Zoning Ordinance for the allowance of mixed use development and dry cleaning facilities and restaurants in industrially zoned parcels; and to provide information to the Council on the Social Services Element. The motion carried by voice vote 3 -1, Councilmember Montgomery dissenting and Mayor Lawrason absent for the vote. E. Consider Funding and Criteria for Low and Moderate Income Housing Rehabilitation Programs. Staff Recommendation: The Budget and Finance Committee and staff recommend adoption of the guidelines proposed in the staff report and direct staff to prepare a plan for implementation of a housing rehabilitation program along the proposed guidelines. Minutes of the City Council Moorpark, California 9 Mr. Hare gave the staff report. April 27, 1994 Eloise Brown, 13193 Annette Street, addressed the Council. She said one of the goals of the Redevelopment agency was to revitalize the downtown area with low interest loans. She said the rate at which loans should be made should be no higher than 3%. Councilmember Wozniak said he would like the Budget and Finance Committee to look at a lower rate and different loan amounts -- $5,000, $10,000, etc. MOTION: Councilmember Perez moved and Councilmember Hunter seconded a motion to refer the matter back to the Budget and Finance Committee to look at a lower rate for the proposed loans and different loan amounts. The motion carried by voice vote 4 -0, Mayor Lawrason absent for the vote. F. Consider Public Works Proiects Priority List. Staff Recommendation: It is the recommendation of the Budget and Finance Committee and staff that the projects listed in the combined projects list, (Exhibit I) be accepted for funding by the Moorpark Redevelopment Agency as recommended in the report with design work to proceed. CONSENSUS: By consensus, the Council determined to continue this matter to the May 4, 1994 meeting. 12. ORDINANCES: None. 13. CLOSED SESSION: None was held. 14. ADJOURNMENT: ATTE MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adjourn. The motion carried by voice vote 4 -0, Mayor Lawra absent for the vote. The time was 11:00 p.m. Paul W. LcWrason Jr. Mayor