Loading...
HomeMy WebLinkAboutMIN 1986 0317 CC REG Moorpark, California March 17, 1986 A regular meeting of the City Council of the City of Moorpark, California, was held on March 17 , 1986 , in the Council Chambers in the City Hall of said City, located at 799 Moorpark Avenue, Moorpark California . 1 . CALL TO ORDER The meeting was called to order at 7 : 05 p.m. , Mayor James D. Weak presiding. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Ferguson. 3 . ROLL CALL PRESENT: Councilmembers Thomas Ferguson, Albert Pretio, Danny Woolard, Leta Yancy-Sutton and Mayor James D. Weak. ABSENT: None. OTHER CITY OFFICIALS PRESENT: Steven Kueny, City Manager; Cheryl J. Kane, City Attorney; Lt. Brown, County Sheriff ' s Department; Dennis Delzeit , City Engineer; Richard Morton, Interim Director of Community Development; Thomas Genovese, Administrative Assistant; and Doris D. Bankus, City Clerk. 4. APPROVAL OF MINUTES It was moved by Councilmember Yancy-Sutton, seconded by Councilmember Prieto and unanimously carried that the minutes of the Special Meeting of the Mobile Home Park Rent Review Board held January 6, 1986, be approved as recorded. It was moved by Councilmember Yancy-Sutton, seconded by Councilmember Ferguson and unanimously carried that the minutes of the Joint Meeting of the City Council and the Design/Standards Committee, held January 13 , 1986, be approved as recorded. It was moved by Councilmember Yancy-Sutton, seconded by Councilmember Ferguson and unanimously carried that the minutes of the Regular Meeting of the City Council, held January 20, 1986, be approved as recorded. 5. PROCLAMATIONS/COMMENDATIONS AND SPECIAL PRESENTATIONS 5 .A. Mayor Weak read and presented a Resolution of Commendation to Danielle Willette, a UCLA Junior and resident of the City of Moorpark, who was selected by the Boy Scouts of America as one of its eight youth members comprising the organization 's 1986 "Report to the Nation" delegation. Danielle was present and accepted the Commendation. -1- March 17 , 1986 6 . COMMENTS FROM THE PUBLIC 6 .A. Victor Richard, 15750 Los Angeles Avenue, Moorpark, addressed Council regarding the striping on Old Los Angeles Avenue. Staff was instructed , by general consent , to investigate and report back. 6.B. Eloise Brown, 13193 E. Annette Street, Moorpark, addressed Council regarding the speaker card used by Council and the three minute rule for addressing. Council. 7. HEARINGS 7.A. Net vs . Gross Density The Director of Community Development presented and reviewed his report dated February 18,1986, after which the City Clerk presented the Proof of Publication of Notice of Public Hearing, published in the Moorpark News on January 29 , 1986, which was ordered received and filed . The following person then addressed Council in opposition to an amend- ment to the existing language in the General Plan and the zoning ordinance of the City: Mr. Phil Vein, 6685 Princeton, Moorpark, representing the Building Industries Association. There being no further public testimony to be heard, the hearing was declared closed. There was discussion with the City Attorney and the City Manager regarding the application of the Roos Density Bonus, and the matter was continued, by general consent, to the meeting of April 7, 1986, with instructions to the City Attorney to prepare a written report regarding the matter. RECESS The Mayor declared a recess , the time being 8 :08 p.m. The meeting reconvened at 8 : 20 p.m. , all members of the Council being present. 7.C. Development Plan Permit No. DP-330 (Poindexter Associates) Request approval for Development Plan to permit an office and light industrial facility which encompasses 20, 800 square feet . Location: South of Poindexter, between Gabbert Road and Shasta Avenue The Associate Planner presented and reviewed her report dated March 17, 1986, and displayed a plot plan and renderings of the entire industrial complex in which the subject project is to be located. -2- March 17 , 1986 There was considerable discussion regarding traffic to be generated from the industrial complex, "Tech Circle", onto Poindexter Avenue and it was the consensus that Condition No. 29 of the recommended conditions be amended to provide that there be no right turn of any traffic from Tech Circle onto Poindexter Avenue; also that Condition No. 13 of recommended County Sheriff 's Department conditions be amended to provide only for a 25-foot street width with two-way traffic , with off-street parking on both sides. The City Clerk then presented the following documents, which were ordered received and filed: 1 . Proof of Publication of Notice of Public Hearing, published in the Moorpark News on March 5, 1986; and 2 . Affidavit of Mailing Notice of Hearing to property owners within 300 foot radius of subject property, as shown on last equalized assessment roll , mailed March 3, 1986 . The following person then addressed Council in support of the proposed development permit : Mark Annotti , on behalf of Poindexter Associates, Applicant There being no further testimony to be heard, the hearing was declared closed. There was discussion regarding traffic concerns and it was the con- sensus that future projects in the industrially zoned property along Poindexter and Gabbert Road be planned so that the traffic exits onto Los Angeles Avenue rather than Poindexter, and Councilmember Yancy-Sutton suggested that those properties facing on Poindexter could be planned with a frontage road or back road which would take them to Los Angeles Avenue. It was then moved by Councilmember Yancy-Sutton, seconded by Council- member Prieto and unanimously carried that the Council finds that the proposed project will not havea significant effect on the environment and that the Council has reviewed and considered the information contained in the Negative Declaration and does approve the Negative Declaration as having been completed in compliance with State CEQA Guidelines issued thereunder. It was then moved by Councilmember Yancy-Sutton, seconded by Council- member Prieto and unanimously carried that the proposed findings be adopted and that Development Plan Permit No. DP-330 be approved subject to recommended conditions, modified as hereinabove set forth; further, that a resolution of approval be prepared for consideration at the next regular meeting of the City Council . 7. D. Amendment to Zoning Ordinance (A-85-3) re Changes to Industrial Setback Requirements (Article 23) and to Parking and Loading and Unloading Space Requirements (Article 41 ) . The Director of Community Development presented and reviewed his report dated March 4, 1986 , and displayed slides to illustrate his points and comments . -3- March 17, 1986 The City Clerk presented Proof of Publication of Notice of Public Hearing, published in the Moorpark News on March 5 , 1986, which document was ordered received and filed by general consent . The following persons then addressed Council regarding the matter: • Valerie Busby, representing Cabot, Cabot & Forbes , 2801 Townsgate Road, #101 , Westlake Village Ca; concerned with maximizing buildable area in industrial site; Tom Zanic, representing Building Industries Association, requested continuance in order to allow time to prepare a report for presentation at the next meeting. There was no further discussion to be heard at this time , and it was moved by Councilmember Yancy-Sutton, seconded by Councilmember Woolard and unanimously carried that the hearing remain open and continued to the meeting of April 7, 1986. RECESS The Mayor then declared a recess, the time being 9 :30 p.m. The meeting reconvened at 9: 50 p.m. , all members of the Council being present. ITEM 10 A CONSIDERED OUT OF AGENDA ORDER By general consent Item 10.A was considered at this time. 10.A. Request for Stop Signs and Crosswalks at the Intersection of Pepper Mill Street and Butter Creek Road The City Engineer and Lt. Brown presented and discussed report dated March 3 , 1986, and after discussion, it was moved by Councilmember Yancy-Sutton and seconded by Councilmember Ferguson that stop signs and crosswalks be installed at the intersection of Pepper Mill Street and Butter Creek Road. Councilmember Yancy-Sutton then amended her motion with the consent of the second, to provide that the markings for the crosswalks be with white paint, which amended motion was approved unainimously. 8 . ORDINANCES/RESOLUTIONS 8 .A. Adoption of Ordinance No. 66, Establishing Information Bidding Procedures for Certain Public Projects The City Attorney presented Ordinance No. 66, entitled: AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, ADDING CHAPTER 3. 13 TO TITLE 3 OF THE MOORPARK MUNICIPAL CODE ESTABLISHING INFORMAL BIDDING PRO- CEDURES FOR CERTAIN PUBLIC PROJECTS. -4- March 17 , 1986 It was moved by Councilmember Woolard, seconded by Mayor Weak and unanimously carried to waive further reading of said ordinance and declare the ordinance read for the second time . It was then moved by Councilmember Prieto and seconded by Councilmember Woolard that said Ordinance No. 66, entitled as hereinabove set forth, be adopted, which motion carried by the following roll call vote : AYES : Councilmembers Prieto, Woolard, Ferguson, Yancy-Sutton and Mayor Weak; NOES: None; ABSENT; None. 8.B. Adoption of Ordinance No. 67 , Approving Zone Changes Nos. Z-2807, Z-2808, and Z-2809, on Application of Urban West Communities The City Attorney presented Ordinance No. 67, entitled: AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA APPROVING ZONE CHANGES NOS. Z-2807, Z-2808 AND Z-2809 ON APPLICATION OF URBAN WEST COMMUNITIES It was moved by Councilmember Woolard, seconded by Councilmember Ferguson and unanimously carried to waive further reading of said ordinance and declare the ordinance read for the second time:' - It was then moved by Councilmember Woolard and seconded by Council- member Ferguson that said Ordinance No. 67, entitled as hereinabove set forth, be adopted, which motion carried by the following roll call vote : AYES : Councilmembers Woolard, Ferguson, Prieto, Yancy-Sutton and Mayor Weak; NOES : None; ABSENT: None. 8 .C. Introduction of Ordinance No. 68 , Approving Zone Change No. Z-2804, on Application of Cabrillo Economic Development Corp . The City Attorney presented Ordinance No. 68, entitled: AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONE CHANGE NO. Z-2804, ON APPLICATION OF CABRILLO ECONOMIC DEVELOPMENT CORPORATION It was moved by Councilmember Prieto, seconded by Councilmember Woolard and unanimously carried to waive further reading of said ordinance and declare the ordinance read for the first time . It was then moved by Councilmember Prieto, seconded by Councilmember Ferguson and unanimously carried that said Ordinance No . 68, entitled as hereinabove set forth, be introduced. -5- March 17, 1986 8.D. Resolution No. 86-287 Approving Developer' s Application Form For Development Agreement (Continued from March 3 , 1986 ) It was moved by Councilmember Yancy-Sutton and seconded by Council- member Woolard that Resolution No. 86-287, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING APPLICATION FORM FOR SUBMISSION AND ANNUAL REVIEW OF A DEVELOPMENT AGREEMENT AND ESTABLISHING FEES FOR PROCESSING SAME. be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Yancy-Sutton, Woolard, Ferguson, Prieto and Mayor Weak; NOES: None; ABSENT: None. 8 .E. Resolution Denying the Applications of Carlsberg Development Company and Dr. Raymond Caren for General Plan Amendment No. 85-2 (Carlsberg and Caren Compenents) and Zone Changes Nos . Z-2802 and Z-2806 (not adopted in this form) It was suggested by Councilmember Yancy-Sutton that both components of GPA-85-2 be continued pending (a) update of traffic study for the Caren Component - to take into consideration the school traffic - and (b) the Carlsberg Component to provide time for preparation of General Plan Amendment in re Specific Plan. It was moved by Councilmember Ferguson that both the Caren and Carlsberg Components be continued to give time for the Specific Plan for Carlsberg and the traffic study for Caren, which motion lost for lack of a second. After discussion, it was moved by Councilmember Yancy-Sutton that the Caren Component be continued with no specific date for return, for a traffic study to be completed for the EIR, and that the Carlsberg Component be denied, which motion was seconded by Councilmember Woolard and carried by the following roll call vote: AYES: ' Councilmembers Yancy-Sutton, Woolard, Ferguson; Prieto and Mayor Weak; NOES: None; ABSENT: None. A resolution formalizing the foregoing action was directed to be prepared by staff for the next regular meeting of the City Council . 8.F. Resolution No. 86-288, Amending Rules of Procedure for Council Meetings It was moved by Councilmember Yancy-Sutton and seconded by Council- member Woolard that Resolution No. 86-288, entitled: -6- March 17 , 1986 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOQRPARK, CALIFORNIA, AMENDING SUBSECTION 2 . 1 OF SECTION 2 OF RESOLUTION NO. 85-160 OF SAID CITY, PERTAINING TO RULES OF PROCEDURE FOR COUNCIL MEETINGS be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Yancy-Sutton, Woolard, Ferguson, Prieto and Mayor Weak; NOES: None; ABSENT: None. RECESS The Mayor declared a recess, the time being 10:40 p.m. The meeting reconvened at 10:50 p.m. , all members of the Council being present. 9. COMMENTS FROM COUNCILMEMBERS 9.A. Councilmember Ferguson requested a report regarding the method of arriving at the amounts of the street lighting and narks assessments. The City Manager is to report at the next meeting. 9.B. On inquiry, Councilmember Woolard was informed the City had received no reply from the State Controller's office regarding the use of gas tax funds for improvement of railroad crossings . After discussion regarding sources of possible funding for improvement of railroad crossings in the City, it was moved by Councilmember Woolard, seconded by Concilmember Yancy-Sutton and unanimously carried that the City Engineer be directed to prepare a report for the next meeting on the cost of improvement with rubberized materials of either one, two or three railroad crossings in the City. 9. C. Councilmember Woolard requested a report regarding the Moorpark Avenue (SB 821) improvement, why it is not being improved uniformly with curb, gutter and sidewalk. Staff to report at next meeting. At the request of Councilmember Ferguson, the staff report is to include reasons for the flooding in some areas along the curb. 9.D. There was considerable discussion regarding improvement of the northwest corner of High Street and Moorpark Avenue, and why it was not included in the SB 821 project on Moorpark Avenue, after which it was moved by Councilmember Woolard and seconded by Councilmember Ferguson that the City pay for curb, gutter, sidewalk and storm drain at that location for PD-1048. The City Engineer reported that he had received a quote from the contractor on the Moorpark Avenue project to do the subject property at a cost of $30,000; that the change order which had originally been considered for the corner had been increased from $8, 388 to $23, 130, and was much higher than had been anticipated. -7- March 17 , 1986 The City Engineer further stated that, in his opinion, the reason for the high bid was that the Moorpark Avenue project is nearly complete and the contractor has taken his equipment elsewhere, thus creating an expense to bring it back. On roll call the motion lost by the following vote : AYES: Councilmembers Woolard, Ferguson; NOES : Councilmembers Prieto, Yancy-Sutton and Mayor Weak; ABSENT: None. It was then moved by Councilmember Woolard that PD-1048 be limited in contribution to the original figure of $8, 388, and that the City absorb the remainder the cost for the improvement of the corner. Said motion was seconded by Councilmember Ferguson, and failed to past the following roll call vote: AYES: Councilmembers Woolard, Ferguson; NOES: Councilmembers Prieto, Yancy-Sutton and Mayor Weak; ABSENT: None . It was then moved by Mayor Weak and seconded by Councilmember Prieto that staff be directed to obtain bids on the total project (northwest corner of Moorpark Avenue and High Street - curb, gutter, sidewalk and storm drain) and endeavor to obtain bids within or close to the cost estimate originally prepared for that particula'r corner, which motion carried by the following roll call vote : AYES: Mayor Weak and Councilmembers Prieto and Yancy-Sutton; NOES: Councilmembers Ferguson and Woolard; ABSENT: None. 9. E. Councilmember Woolard inquired whether or not the letter which had been directed be sent to the members of the Commission had been sent, to which inquiry the Mayor replied that he had not signed the letter as yet, and that he requested the City Manager to prepare a report regarding Commissioner ' s attendance at scheduled meetings . Councilmember Woolard requested that the letter be signed and sent without further delay. 9. F. Councilmember Woolard requested the City Manager to research Code provisions regarding animal regulation, specifically the number of complaints which must be received in order for the Animal Control officials to respond. 9.G. Mayor Weak suggested the, City should consider purchasing a slide projector. 9 .H. Mayor Weak requested a report regarding needed repair of Moorpark Road at the Arroyo. The City Engineer gave a verbal report covering the facts he had ascertained so far regarding construction of the road and the drain, and responsibility for reconstruction. There was discussion regarding the urgency of the situation, and the City Engineer stated he would continue to research the files and report back when a determination had been made regarding actual reponsibility for reconstruction. -8- • March 17 , 1986 9. I . Mayor Weak requested a report regarding parking of trucks at the B&V • Market at the corner of Poindexter and Moorpark Avenue. 9.J. Mayor Weak requested a report regarding the culvert across from Flory School, which becomes flooded every time there is a heavy rain, and was informed this area is within the study area for the capital improvement program. 9.K. Mayor Weak reported that he had observed parking violations along Casey Road at the High School, with three open parking lots . Lt. Brown said the matter would be noted. By general consent it was decided to proceed with the balance of the agenda. RECESS The Mayor declared a recess, the time being 12:05 a.m. The meeting reconvened at 12 : 15 a.m. , all members of the Council being present. It was moved by Councilmember Yancy-Sutton and seconded by Council- member Woolard that a sum not to exceed $30,000 be allocated for temporary improvement to handle the problem on Moorpark Road between Los Angeles and the Arroyo, the funds to come from the Los Angeles Avenue Area of Contribution Fund, which motion carried by the following roll call vote: AYES: Councilmembers Yancy-Sutton, Woolard, Ferguson, Prieto and Mayor Weak; NOES: None; ABSENT: None . 10.D. Selection of Park Names By general consent this item was considered at this time. The Administrative Assistant presented and reviewed his report dated March 11 , 1986, and the following persons addressed Council: Cheryl Zemont, Member of the Parks and Recreation Commission opposed to reviewing the names again; Tom Zanic, of Urban West Communities , concurred with the recommendation of the Parks and Recreation Commission. After discussion, it was moved by Councilmember Yancy-Sutton and seconded by Councilmember Prieto that recommendation No. 2 be approved , and the Parks and Recreation Commission instructed to consider further the recommended names for the three 8-acre park sites in PC-3, which motion carried by the following roll call vote : AYES: Councilmembers Yancy-Sutton, Prieto and- Mayor Weak; NOES: Councilmembers Ferguson and Woolard. -9- March 17 , 1986 It was then moved by Councilmember Yancy-Sutton and seconded by Councilmember Prieto that recommendation No. 2 be approved, and the name of Peach Hill Park approved, which motion carried by the following roll call vote: AYES: Councilmembers Yancy-Sutton, Prieto and Mayor Weak; NOES: Councilmembers Ferguson and Woolard; ABSENT: None . 10.B. Authority re OTS Grant Application (continued from 3-3-86) Lt. Brown presented and reviewed his report dated February 25, 1986, and it was moved by Councilmember Ferguson, seconded by Council- member Woolard that the recommendation of Lt. Brown be approved as outlined in his report, and that the City Council sdek a State grant from the Office of Traffic Safety, pursuant to said report, which motion 'carried unanimously. 10.C. Downtown Area Parksitas The Administrative Assistant presented and reviewed his report dated March 11 , 1986, and after discussion, it was moved by Councilmember Yancy-Sutton, seconded by Councilmember Woolard and unanimously carried that staff be directed to pursue leasing 2 or 3 acres from the School District (site No. 1 - High School) , and that staff also pursue negotiations with the developer for a parksite at Gisler Field (site No. 3) . It was then moved by Councilmember Yancy-Sutton, seconded by Council- member Prieto and unanimously carried to .approve the recommendation of the Parks and Recreation Commission, as set forth in the report of the Administrative Assistant dated March 11 , 1986, and approved distribution of Quimby fees as follows : Neighborhood Park Community Park In lieu fees 60% 40% Interest 60% 40% 10.E. 1985-86 Budget Transfers and Additional Appropriations : The City Manager presented and reviewed his report dated March 12, 1986, and it was moved by Councilmember Yancy-Sutton and seconded by Councilmember Woolard that the recommendations of the City Manager be approved and the following action taken: Authorize transfer of $31 ,300. 00 from Account 01 , 131 , 502 (Community Development Regular Employees) to: Account 01-131-542 (Contractual Services) $28, 000. 00 Account 01-113-503 (Part-time Employees) 3,000.00 Account 01-117-607 (Furniture and Fixtures ) 300.00 Total $31 , 300.00 , -10- March 17 , 1 986 Motion carried by the following roll call vote: AYES: Councilmembers Yancy-Sutton, Woolard, Ferguson, Prieto and Mayor Weak; NOES: None; ABSENT: None. 11 . STAFF REPORTS - INFORMATION ITEMS 11 .A. Final Official Copy of Tierra Rejada Road A1C Report The Final Official Copy of the Tierra Rejada Road AOC Report was ordered received and filed by general consent . Councilmember Yancy-Sutton requested that a report be prepared on the remaining Areas of Contribution. 11 .B. 1984-1985 Audit Report The 1984-1985 Audit Report was ordered received and filed by general consent . It was suggested by Mayor Weak, concurred in by Coundilmember Yancy-Sutton, that the Audit Report be referred to the Budget Committee for further detail and report . 11 .C. Flood Control Fees in Moorpark The City Engineer presented his report dated March 10, 1986 , regarding the subject matter, and the report was ordered received and filed by general consent. Councilmember Yancy-Sutton requested that the City Engineer ascertain the total amount of fees which have been collected in Moorpark and remain in the fund. 11 .D. Crosswalks at the Intersection of Peach Hill Road and Christian Barrett Drive The City Engineer presented his report dated March 11 , 1986 providing information regarding the subject matter, and the report was ordered received and filed by general consent. 12 . CONSENT CALENDAR At the request of Councilmember Woolard, Item 12.B was excluded from the Consent Calendar. It was moved by Councilmember Yancy-Sutton and seconded by Council- member- Woolard that Items 12.A, 12.0 and 12 .D of the Consent Calendar be approved as recommended, which motion carried by the following roll call vote: AYES: Councilmembers Yancy-Sutton, Woolard, Ferguson, Prieto and Mayor Weak; NOES: None; ABSENT: None . -11- ., March 17 , 1986 12.A. Approval of Warrant Register Approved Warrant Register dated March 17, 1986, listing Warrants Nos . 2795 through 2863, in the total amount of $68 , 845 . 18, as approved by the City Manager and on file in the office of the City Clerk, and authorized the City Manager to issue warrants therefor. 12 .C. City Manager Approved Contracts Received and Filed report of City Manager, dated March 17, 1986 , re approved contracts for service with L.R. Services and D. W. Burhoe Const. Inc. 12 .D. Acceptance of Public Improvements and Exoneration of Bonds for PD-980 (Janss Corporation) Accepted the public improvements within PD-980 and authorized exoneration of the Performance and Payment Bond, No. LA-101130, issued by Jem Company Insurance Services in the amount of $542 ,000 . 12.B. Speaker Cards Used at Council Meetings At the request of Councilmember Woolard, this matter was continued and the City Attorney requested to furnish a written report regarding public testimony at hearings. 13 . FUTURE AGENDA ITEMS , -.. . It was moved by Councilmember Woolard, seconded by Councilmember Ferguson and unanimously carried that Ordinance No. 64 (moratorium ordinance) re downtown area parksite study not be extended. PERSONNEL/EXECUTIVE SESSION At the request of the City Manager and the City Attorney, the meeting adjourned to a closed session, the time being 1 : 30 a .m. Councilmember Ferguson left the meeting at this point and prior to the closed session. The meeting reconvened at 1 :40 a.m. , Concilmembers Prieto, Yancy- Sutton and Woolard, and Mayor Weak being present . The City Attorney announced that two matters had been discussed in closed session: ( 1 ) a hiring matter; and ( 2) discussed negotiations concerning acquisition of property needed for extension of Tierra Rejada Road. Dion Lefler, Reporter for the News Chronicle questioned the legality of the closed session under the provisons of the Brown Act , and the City Attorney reaffirmed her statements under the provisions of said Brown Act . , -12- March 17, 1986 14. ADJOURNMENT There being no further business to be considered at this meeting, it was moved by Councilmember Yancy-Sutton, seconded by Coundilmember Prieto and unanimously carried to adjourn, the time being 1 :45 a.m. Respectfully submitted City Clerk APPROVED: Mayor r • -13-