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HomeMy WebLinkAboutMIN 1996 0501 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California May 1, 1996 A Regular Meeting of the City Council of the City of Moorpark was held on May 1, 1996, 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 :25 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Brown led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Brown, Hunter, Perez, Wozniak and Mayor Lawrason Staff Present: Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Ken Gilbert, Director of Public Works; Cheryl Kane, City Attorney; Mary Lindley, Assistant to the City Manager; Paul Porter, Senior Planner; Lieutenant Marty Rouse, Sheriff's Department; Dirk Lovett, Assistant City Engineer; John Whitman, Traffic Engineer; Christine Adams, Director of Community Services; Deborah Traffenstedt, Senior Planner; Paul Porter, Senior Planner; Don Reynolds, Administrative Services Manager; Baldemar Troche, Management Analyst; and Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS AND COMMENDATIONS: None. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 6. PUBLIC COMMENT: Laura Seasongood, 13017 Camden Court, spoke regarding the need for a traffic signal at the intersection of Pheasant Run and Tierra Rejada Road. Connie Lawrason, 4291 Ambermeadow Street, spoke providing the CTAC /SSTAC report. OK1Q1B 7. Minutes of the City Council Moorpark, California Page 2 May 1, 1996 Lori Rutter, 11611 Pinedale Road, spoke regarding traffic concerns that she has within the City. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to pull the minutes of the Adjourned Regular Meeting of the City Council of March 13, 1996, the Adjourned Regular Meeting of the City Council of March 18, 1996, and Item 7.I. and approve the balance of the Consent Calendar. The motion carried by roll call vote 5 -0. Manual Warrants Regular Warrants . ..• 30198 -30200 30308 -30315 30317 -30418 8,299.01 669,517.64 Staff Recommendation: Approve the Warrant Register. C. Consider Resolution No. 96 -1199 for Approval of Minor Modification No. 3 to IPD 89 -2 - A Request for a Time Extension for Use Inauguration on the Application of General Optics. Staff Recommendation: Approve the Minor Modification with a one year extension to IPD 89 -2 ending on April 15, 1997. D. Consider Authorizing Recordation of the Notice of Completion_ for Clearwater Constructors for the E. Well #3 at Arroyo Vista Community Park. Staff Recommendation: 1) Accept the subject work as completed; 2) Instruct Th City Clerk to file the Notice of Completion for the project; 3) Authorize the release of the retention upon satisfactory clearance of the thirty five (35) day lien period. Improvement Bonds Held by California Community Builders for Country Trail Park. Staff Recommendation: Authorize City Clerk to exonerate bond #169695 (Park Drainage - $16,445) and bond #169695 (Park Grading - $47,051) and reduce bond #169980 (Park Improvement - $267,422.51) to $26,742.26 to remain in full force for a period of one (1) year after Notice of Completion is recorded. cKxxlis Minutes of the City Council Moorpark, California Page 3 F. G. H. May 1, 1996 Vista Community Park. Staff Recommendation: 1) Accept the work as completed; 2) Authorize City Clerk to file the Notice of Completion for the project; 3) Authorize the release of the balance due upon satisfactory clearance of the thirty -five (35) days after Notice of Completion records and completion of close out contractual obligations of contractor, to be determined by the City Manager; and 4) If no claims or stop notices are filed, within 35 days of recordation of Notice of Completion, exonerate the payment bond and reduce the performance bond to $12,400 to remain in full force for a period of one (1) year after Notice of Completion is recorded. Basketball Court at Peach Hill Park. Staff Recommendation: 1) Accept the work as completed; 2) Authorize City Clerk to file the Notice of Completion for the project; and 3) Authorize the release of the balance due upon satisfactory clearance of the thirty -five (35) days after Notice of Completion records and completion of close out of contractual obligations of contractor, to be determined by the City Manager. Accounts for Public Works Projects. Staff Recommendation: Oppose AB 2496 and direct the Mayor to communicate the City's opposition to the appropriate legislative committee. J. Consider Bond Exoneration for Moorpark LeClub. Ltd. (G. H. Palmer) -- Labor and Material Bond for Construction of Arroyo Simi Pedestrian Bridge. Staf f Recommendation: Direct the City Clerk to exonerate the bond. K. Consider Minor Modification No. 1 to Planned Development Permit • • 2 (Hoffman) - R- - • • • of an Existing Building at 460 E. High Street. Staff Recommendation: Receive and file the report. The following Consent Calendar items were pulled for individual consideration: UU(AAO Minutes of the City Council Moorpark, California Page 4 May 1, 1996 A. Consider ADDroval _ of Minutes f th_e__Adiourned Regular Councilmember Brown pulled this set of minutes as she was not present at that meeting and will not vote on the consideration of their approval. MOTION: Mayor Lawrason moved and Councilmember Perez seconded a motion to approve the minutes of the Adjourned Regular City Council Meeting of March 13, 1996. The motion carried by 4 -0 voice vote, Councilmember Brown abstaining. Councilmember Hunter stated that he has a question relative to this set of minutes, but has not had the opportunity to speak to the City Clerk regarding his concerns. He requested that this item be continued until the next regular meeting. MOTION: Councilmember Hunter moved and Councilmember Perez seconded a motion to continue this item until the City Council meeting of May 15, 1996. The motion carried by 4 -0 voice vote, Councilmember Brown abstaining. I. Consider Supporting AB 3365 (Campbell) Regarding Gang Suppression Funds. Staff Recommendation: Support AB 3365 and direct the Mayor to communicate the City's support to the appropriate legislative committee. Councilmember Perez requested that this item be continued to allow the Council to get more information relative to the funding of this item and the distribution of such funds. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to continue this item to the next Regular City Council meeting of May 15, 1996. The motion carried by 5 -0 voice vote. 8. PUBLIC HEARINGS: RIQ I -T- - - ORRU-11M 021 Minutes of the City Council Moorpark, California Page 5 May 1, 1996 No. 95 -1 on the Application of Marketplace Properties. Staff Recommendation: 1) Open the public hearing and accept public testimony; 2) Review and consider the information in the Mitigated Negative Declaration and Mitigation Monitoring Program; 3) Make the appropriate findings; and 4) Approve Resolution No. 96- approving Commercial Planned Development 95 -1 and Tentative Parcel Map No. 5001 as modified by the City Council. Paul Porter gave the staff report. In response to Councilmember Perez, Mr. Hare indicated that in discussions he has had with Southern California Edison, the moving of the powerlines that are close to this proposed development would be costly and they have no authority to participate in the cost of doing this. Mr. Hare continued by stating that an estimate to move the power poles is $75,000 - $100,000. Mayor Lawrason opened the public hearing. Michael Rue, 13522 Newport Avenue, Suite 100, Tustin, spoke representing Marketplace Properties. He spoke regarding the need for this commercial development in this section of the City. He said it is an ideal location to capture sales tax revenues from gas sales and other retail purchases. Mr. Rue continued by addressing safety concerns that have been cited by members of the community. He outlined the mitigation measures that are being taken to allay these concerns. He indicated also that the hours of service will be for closure at 10:00 p.m., there will be no beer or wine sales, no video games, and the developer is willing to offer free space for a City police substation or other use if desired. He also stated that a left turn pocket from Tierra Rejada Road into this mini -mall is indicated and requested by them. Alex Shakhli, 4277 N. Granadilla Drive, addressed the Council and indicated his opposition to the project. Steve Michener, 4317 Fairbrook Lane, urged the Council to look at this project in a logical sense. He spoke in favor of the project. Jim Stueck, 4767 Elderberry Avenue, spoke as President of the Moorpark Chamber of Commerce. He encouraged the (X"ZZ Minutes of the City Council Moorpark, California Page 6 May 1, 1996 Council to approve the project as it will increase the sales tax revenue in the city and will provide much needed jobs. Joni Leishman, 1110 Petit Avenue, Ventura, spoke as an operator of a Kindercare facility. She said she sees no problem with operating a child care center close to a service station. She spoke in favor of the project. Thomas Flaumer, 3906 Willow Creek Lane, spoke as a resident who lives close to the proposed development. He cited safety as the primary reason the Council should deny the project. Leon Levan, 3905 Willowcreek Lane, said environmental issues are his main concern with the emission of automobiles and the spillage of fuel being the issues. He recommended denial of the project. Kevin Mauch, 13906 Keisha Drive, spoke in opposition to the project. He said there is an identified need for more child care in the city, but not for more service stations. Hakam Barakat, 11950 Bubbling Brook, spoke in support of the project. Mary Roberts, 15787 Graduate Circle, spoke in support of the project. She said the city cannot expect to place all of its retail businesses on Los Angeles Avenue where traffic is already a problem. Greg Botzer, 4043 Willow Creek Lane, spoke in opposition to the service station being included as part of the project. Norman Lew, 4025 Willow Creek Lane, spoke in opposition to the project. He said he has lived close to projects such as this and there were problems with loitering and crime. Joe Ahearn, 484 E. Los Angeles Avenue, Suite 214, spoke as the leasing agent for the property. He spoke in favor of the completion of the project. Mr. Ahearn also read letters from Robert Coughlon, Sr., Linda Plaks, and Charles Devlin who all support the building of the project. Minutes of the City Council Moorpark, California Page 7 May 1, 1996 John Newton, 165 High Street, Suite 103, expressed his support of the project. Mayor Lawrason read a written statement from Francis Okyere, 484 E. Los Angeles Avenue, Suite 202, who was not present to speak, but provided his written support for the project. Dianne Ward, 4076 N. Cedarpine Lane, addressed the Council and expressed her opposition to the project. John O'Green, 14093 Hargrove Court, expressed concerns with the closeness of the earthquake fault in this area. He expressed his opposition to the project. Kathy O'Green, 14093 Hargrove Court, spoke in opposition to the project. Robin Harikul, 14077 Hargrove Court, presented petitions from City residents who are opposed to the project. She also expressed her displeasure with the proposed development. Kathy Chaparral, 4156 Willow Creek, spoke in opposition to the project. Cheri Ackermann, 4172 Willow Creek, said that due to safety and the factor of crime, she is opposed to the project. Ed Wheelis, 14092 Hargrove Court, said the city cannot support this project and that it should be denied. Carol Wheelis, 14092 Hargrove Court, stated that she supports the project without the inclusion of the service station. Gary Lowenberg, 4218 Peach Slope, expressed his opposition to the project. Lori Rutter, 11611 Pinedale Road, said she believes the proposal is reasonable. Marge Mahoney, 13690 Christian Barrett Drive, requested that the Council deny the project. Laura Seasongood, 13017 Camden Court, said she is opposed (A)6()24 Minutes of the City Council Moorpark, California Page 8 to the project. May 1, 1996 Bill Poleri, 6863 Trojan Court, said if this project is disapproved then the service station that was recently proposed for the Campus Park area of the city should be denied as well. Connie Lawrason, 4291 Ambermeadow Street, was not present to speak, but expressed a written opposition to the project. AT THIS POINT in the meeting, the Council took a recess. The time was 9:45 p.m. The Council reconvened at 10:12 p.m. Mayor Lawrason stated that it was time to reorder the agenda. CONSENSUS: By consensus, the Council determined to continue Items 10.A. and 10.K. to May 8; continue Items 10.B., 10.C., 10.D.,10.E. and 10.L. to May 15; and to consider Items 10.F., 10.G., 10.H., 10.I., 10.J., 10.M., 11.A. and 11.B. this evening. The Council resumed the public hearing. Michael A. Ohler, 13966 Keisha Drive, spoke in opposition to the project. In response to Mayor Lawrason, Mr. Ohler said he did not know this area was zoned commercial when he purchased his home. Pat Basso, 3940 Southampton Road, said she supports the project with the exception of the service station. Marjorie Blye, 4122 Oakcliff Drive, said she does not want the project built. Mark DiCello, 3950 Hatfield Court, stated that he believes this project will violate the entrance to the city. He said he is opposed to building a service station at this site. Greg Burkhardt, 3932 Southampton Road, said he supports the project without the gas station. Karol Burkhardt, 3932 Southampton, expressed concern with (!t bWs Minutes of the City Council Moorpark, California Page 9 May 1, 1996 the danger of a service station being located here. She suggested that a nursery would be an acceptable alternative use. Lindsey Puckett, 14045 Hargrove Court, said a service station at this location is not a good idea in his opinion. Craig Adler, 4133 Willow Creek Lane, spoke in opposition to the service station portion of the project. Michael Rue, representing Marketplace Properties, addressed the Council again. He said his organization believes they have done the proper research in deciding uses for this site and he believes the project would be a successful addition to the city. He requested that the Councilmembers consider it favorably. Councilmember Brown requested that staff provide her with the number of registered vehicles in the City of Moorpark. Councilmember Perez requested that Lieutenant Rouse provide the Council with a summary of activity such as loitering or vandalism that has occurred at the other shopping centers within the City. Councilmember Wozniak said he wants to know the actual cost of relocating the power poles at this location. He requested that the Council consider only ground mounted equipment for the project and no roof- mounted equipment. He also requested a recap from Austin -Faust Associates regarding the basis for the left turn lane onto Tierra Rejada decision. Mayor Lawrason requested information from staff relative to the sales tax leakage for like businesses, similar to the analysis that was recently provided to the Council relative to supermarkets. Additionally, he requested a presentation with regard to earthquake faults and what studies have been done. Mayor Lawrason also said he wants to have information regarding the potential for liquefaction relative to the water table and wants to see the basis for the recommendations with regard to the left turn lane on Tierra Rejada Road. (A"2f Minutes of the City Council Moorpark, California Page 10 May 1, 1996 MOTION: Councilmember Brown moved to continue this item to June 5, 1996. THE MOTION DIED FOR LACK OF A SECOND. CONSENSUS: By consensus, the Council determined to continue this item to May 23, 1996 with the public hearing to remain open. 9. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Lawrason announced that the City's World Fest celebration will be held at Arroyo Vista Community Park on Saturday, May 4. He also announced that there will be a Special Meeting of the City Council on May 8 at 7 :00 p.m. to discuss issues and concerns of the day laborers in the city. Councilmember Brown requested that the procedure of rotating the roll call vote be considered as a change to the Council's existing Rules of Procedure. 10. PRESENTATIONS /ACTION /DISCUSSION: A. Consider Concurrent Proreasin_o_of A--Deewayne Jones for Continuous with the Southwest Ouadrant of Mission Bell - Phase 2 (Assessor's Parcel No. 511- 08 -42). Staff Recommendation: 1) Direct staff to accept a General Plan Amendment to change of Land Use Designation from M to C- 2; 2) Make a determination about processing of a Tentative Parcel Map and Commercial Planned Development Permit concurrently with the proposed General Plan Amendment and Zone Change. (Continued item) This item was continued to May 8, 1996. B. Consider Language for Plaque for the Veterans' Memorial Grove at Poindexter Park. Staff Recommendation: Approve language for Veterans' Memorial plaque as presented, and direct staff to proceed with the purchase of the plaque. (Continued Item 7.B. from 4/17/96) This item was continued to May 15, 1996. Uow2l Minutes of the City Council Moorpark, California Page 11 May 1, 1996 C. Consider Council Policies Update. Staff Recommendation: Concur with the recommended action on Policies & Moorpark Operating Procedures as outlined in the report and direct staff to provide a resolution consolidating all Council policies. (Continued item) This item was continued to May 15, 1996. D. Consider Preliminary Ouality of Life Thresholds/ Standards for New Growth Management Program. Staff Recommendation: Direct staff as deemed appropriate. (Continued item) E. This item was continued to May 15, 1996. Vista Community Parks and Recreation Center. Staff Recommendation: 1) Review the Priority List of Park Improvements for Phase II of Arroyo Vista Community Park, as recommended by the Parks and Recreation Commission; 2) Consider adoption of Priority List with recommended changes by staff (i.e., deferring tennis court construction until after revised conceptual design is completed, acceptance of donated MBA improvements in 1996/97, and moving Teen Center up in order of priority of short term improvements; and 3) Direct staff to advertise for receipt of Bids for a qualified landscape architect to develop a conceptual design for Phase II of Arroyo Vista community Park, which would incorporate the priority list of Park Improvements as adopted by the City Council. (Funds to be appropriated in 1996/97) (Continued item) This item was continued to May 15, 1996. F. Consider Draft Comments on Second Revised Draft Environmental ImRact Report (EIR) for Transit Mixed Concrete Company Aggregate Mine, County of Ventura Conditional Use Permit (CUP) No. 4633. Staff Recommendation: Direct staff to prepare a letter to the County, which addresses City Council and staff comments on the Revised Draft EIR. Deborah Traffenstedt gave the staff report. ()OWZS Minutes of the City Council Moorpark, California Page 12 May 1, 1996 In response to Council question, John Whitman explained how the traffic study that was done for the EIR is not a true depiction of what is happening with the quarry traffic. He explained that the actual traffic count of trips per day from the site is 388. He said this is the figure as stated in the 1993 traffic count. Glen Reiser, 300 Esplanade Drive, #203, Oxnard, spoke as legal counsel for Southdown, Inc. /Transit Mix Company. He requested that the Council not seek to impose onerous conditions on their business so they may continue operations as planned. Mayor Lawrason clarified that the City is not "causing the project to fail ". He said the concern is one of how much impact this operation has on the community and how some of that impact can be mitigated. MOTION: Councilmember Hunter moved and Mayor Lawrason seconded a motion to direct staff to prepare a letter to the County, which includes City Council and staff comments on the Revised Draft EIR. The motion carried by 5 -0 voice vote. G. Consider Construction of Wrought Iron Fence at Tierra Rejada Park. Along Mountain Trail Road. Staff Recommendation: Transfer $2,750 from Zone 3 (Campus Park)and $2,750 from Zone 6 (Glenwood) of the Park Improvement Fund, as a loan, and appropriate $5,500 to Zone 5 (Mountain Meadows) of the Park Improvement Fund, to construct a 144 foot wrought iron fence at Tierra Rejada Park, along Mountain Trail Street. (ROLL CALL VOTE) Ms. Adams deferred the staff report. Councilmember Hunter stated that although he does not like funding this item out of the General Fund Reserve, he believes the urgency of the problem outweighs his reluctance to use that funding source. Lisa Berg, 4067 Weeping Willow Drive, spoke representing the MOM'S Club of Moorpark. She spoke in favor of the construction of the wrought iron fence at Tierra Rejada Park. In response to Council question, Ms. Berg stated that their club has considered conducting a fundraising ow.029 Minutes of the City Council Moorpark, California Page 13 May 1, 1996 campaign to assist with the funding for the fence extension. MOTION: Councilmember Perez moved and Councilmember Hunter seconded a motion to construct a 144 foot wrought iron fence at Tierra Rejada Park, along Mountain Trail Street, and to fund the project from the General Fund Reserve in the amount of $5,500. The motion carried by 5 -0 roll call vote. H. Consider Specifications for Landscape Maintenance Contract. Staff Recommendation: Defer public bid for City -wide landscape maintenance contractor until Spring, 1997. Chris Adams gave the staff report. Councilmember Hunter stated that he had requested this be placed on the agenda because he believes it is incumbent upon the Council to ensure that residents pay the absolute minimum to maintain the City's parks and landscape medians in an acceptable fashion. MOTION: Councilmember Hunter moved and Councilmember Brown seconded a motion to direct staff to move forward with the bid process; to authorize the City Manager to finalize the bid specifications and approve the final language. The motion carried by 5 -0 voice vote. I. Consider Adoption of Ordinance No. 216. Relative to the Home Acres Buffer Zone. Staff Recommendation: Introduce Ordinance No. 216 for first reading. Councilmember Hunter stated his objection for the record as to the hours the gate is open, but said he will support the ordinance. Ms. Kane suggested an amendment to the ordinance by adding subsection (d) to Section 3 entitled "Animal Control" to read as follows: d) No person owning, or having charge, care, custody, or control of any animal shall cause or permit the animal to be taken into the buffer zone except as provided in subsections 3(a) and 3(b) above. Ms. Kane read the ordinance title. O(Y�430 Minutes of the City Council Moorpark, California Page 14 May 1, 1996 MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to read the ordinance title only and waive further reading. The motion carried by voice vote 5 -0. MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to declare Ordinance No. 216 introduced as amended. The motion carried by voice vote 5 -0. J. Consider Approval of an Increase to the Contract Price for the 1995 Slurry Seal Project and Related Budget Amendment. Staff Recommendation: That the City Council take the following actions: 1) That the approved contract price for the subject project be increased to $385,763.85; 2) That the amount of the appropriation and budget for the subject project be revised a) Acc. # 03- 142- 903 -0210 from $400,000 to $0, and b) Acc. #11 -142- 903 -0210 from $0 to $500,000. (ROLL CALL VOTE) Ken Gilbert gave the staff report. Mr. Kueny suggested that if the Councilmembers have concerns or know of questionable workmanship on this project to provide those to staff so that staff can check the specific areas before the City recommends acceptance of the work. MOTION: Mayor Lawrason moved and Councilmember Wozniak seconded a motion to take the following actions: 1) That the approved contract price for the subject project be increased to $385,763.85; 2) That the amount of the appropriation and budget for the subject project be revised a) Acc. # 03 -142- 903 -0210 from $400,000 to $0, and b) Acc. #11 -142- 903 -0210 from $0 to $500,000. The motion carried by roll call vote 5- 0. M. Community Development Position. Staff Recommendation: Approve an additional 80 hours of administrative leave for the Deputy City Manager and 40 hours of administrative leave for the City Manager with use consistent with the staff report. Mr. Kueny deferred the staff report. MOTION: Mayor Lawrason moved and Councilmember Brown seconded a motion to approve an additional 80 hours of administrative WGUZ1. Minutes of the City Council Moorpark, California Page 15 May 1, 1996 leave for the Deputy City Manager and 40 hours of administrative leave for the City Manager with use consistent with the staff report. The motion carried by voice vote 5 -0. K. Consider Implementation Plan for Farmers' Market. Staff Recommendation: 1) Agree to co- sponsor a Farmers' Market by providing the North Metrolink Parking Lot at no cost and assisting with in -kind advertising resources; 2) Direct staff to proceed with the implementation plan to establish a Farmers' Market within the next six to eight weeks with a June 15 target date; and 3) Provide the Council with a status report after the first four months, or by the October 2, 1996 Council meeting. This item was continued to May 8, 1996. L. Consider Council Committee and Agency Assignments. Staff Recommendation: Direct staff as deemed appropriate. This item was continued to May 15, 1996. 11. ORDINANCES: A. Second Reading of Ordinance No. 214 - An Ordinance of the City Council of the City of Moorpark, California Approving Zone Change No. 94 -1, for the Moorpark Country Club Estates Project (Applicant: Bollinger Development Incorporated). Ms. Kane read the ordinance title. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to waive further reading and declare Ordinance 214 read for the second time. The motion carried by voice vote 5 -0. MOTION: Councilmember Perez moved and Councilmember Brown seconded a motion to adopt Ordinance 214 as read. The motion carried by voice vote 5 -0. B. Second Reading of Ordinance No. 215 - An Ordinance of the City Council of the City of Moorpark, California Approving Development Agreement 95 -1 Between the City of Moorpark and Bollinger Development Incorporated. Ms. Kane read the ordinance title. ( )"32 Minutes of the City Council Moorpark, California Page 16 May 1, 1996 MOTION: Councilmember Perez moved and Councilmember Brown seconded a motion to waive further reading and declare Ordinance 215 read for the second time. The motion carried by voice vote 5 -0. MOTIO : Councilmember Perez moved and Councilmember Brown seconded a motion to adopt Ordinance 215 as read. The motion carried by voice vote 5 -0. 12. CLOSED SESSION: None was held. 13. ADJOURNMENT: MOTION: Councilmember Perez moved and Councilmember Hunter seconded a motion to adjourn the meeting. The motion carried by voice vote 5 -0. The time was 12:17 a.m. ( ) 40A Paul W. awrason V., Mayor ATTEST: Wpp33