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HomeMy WebLinkAboutMIN 1983 1116 CC REGMoor par le, California November 16, 1983 The regular meeting of the City Council of the City of Moorpark, California, was held on November 16, 1983, 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 7:10 p. m., Mayor Leta Yancy-Sutton presiding. . 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Straughan. 3. ROLL CALL PRESENT: Councilmembers Beaulieu, Harper, Prieto, Straughan and Mayor Yancy-Sutton; ABSENT: None; OTHER CITY OFFICIALS AND EMPLOYEES PRESENT: Niall Fritz, City Manager /Director of Community Development; Mark C. Allen, Jr. , City Attorney, and Scott Field, Attorney at Law, both from the law firm of Burke, Williams and Sorensen; Lt. Arve Wells, County Sheriff's Department; and Doris D. Bankus, City Clerk. 4. PUBLIC COMMENTS Gerry Goldstein, 11932 Los Angeles A venue, Moorpar~ addressed Council with statements concerning alleged harassment toward him by members of the Sheriffs Department. By unanimous consent the matter was-referred to Lt. Wells with the request that he conduct an investigation and report back to the Council. John D. Newton, 165 High Street, Moorpark, addressed Council on 3 matters: (1) in support of Countywide Water Conservation Plan (Item 8A on Agenda); (2) as a member of the Water and Sanitation Advisory Committee, advising that the position of the Waterworks District is ·that it is a service agency and will provide whatever service is needed if DP-294 (Prudential Overall Supply Co.) is approved; and (3) urging careful study of the industrial zoning in the City, advocating many types of industries that provide employment, advocating return of M-3 zoning, and also the creation of an ad hoc committee consisting of business people and industrial developers to study the zoning in the City and make recommendations. 5. APPROVAL OF MINUT~S 4 It was moved by Councilmember Straughan, seconded by Councilmember Prieto and unanimously carried that the miqutes of the regular meeting of November 2, 1983, be approved as recorded. -1- 5-A. RESOLUTION OF SUPPORT (Non-Agenda Item) It was moved by Councilmember Harper, seconded by Councilmember Straughan and unanimously carried to adopt a prepared resolution in support of "MOTHERS AGAINST DRUNK DRIVERS" (MADD), and that the City Clerk be instructed to make distribution of said resolution as set forth in said resolution. 6. PUBLIC HEARINGS 6. A. Development Plan No. DP-296 (Metal Bellows) Overview of the project was given by Niall Fritz, City Manager /Director of Community Development, with particular discussion given to the matter of treatment of sewage and waste water. After some discussion between the City Manager and members of the City Council, the following persons spoke concerning the project: Glen Gessford, of Carlsberg Development Co., 2800 -28th Street, Santa Monica, California, in support of the project. W. John Kulwifc, 330 N. Wood Road, Camarillo, California, architect on the project; displayed plans and architect's renderings. Jim Solheim, Vice-President of Metal Bellows, 20960 Knapp Street, Chatsworth, California,' discussed project and urged approval. During discussion, Mayor Yancy-Sutton stated that she would be in favor of and would like to have Standard Condition No. 7 changed to read as follows: "That all facilities and uses other than those specifically requested in the application are prohibited unless a major modification application has been approved." and that she would like to have this be a standard condition on all industrial developments. Also that in Condition No. 24, the word "County" in the first sentence be changed to read "City. The hearing was closed by unanimous consent and it was moved by Council - member Straughan and seconded by Councilmember Harper that Resolution No. 83-55, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOO RP ARK, CALIFORNIA, CERTIFYING THE MITIGATED NEGATIVE DECLARATION AND APPROVING DEVELOPMENT PLAN PERMIT NO. DP-296, ON APPLICATION OF METAL BELLOWS CORPORATION be adopted, which motion was carried by the following roll call vote: -2- AYES: NOES: ABSENT: Council members Straughan, Harper, Beaulieu, Prieto and Mayor Yancy-Sutton; None; None. Mayor Yancy-Sutton declared a recess, the time being 8:35 p. m. The meeting was reconvened at 8:47 p. m., all members being present. 6. B. Development Plan No. DP-294 (Prudential Overall Supply Co.) To be considered after 6. C. 6. C. Planned Development No. PD-857 (U.S. Condominium) Councilmember Prieto announced that he would abstain from participation in this matter because of a possible conflict of interest. At the request of Councilmember Harper, the meeting was adjourned to an executive session, the time being 8:48 p. m. The meeting was reconvened at 9:13 p. m., all members being present. The City Attorney announced that in the executive session he had responded to questions from members of the Council conerning the validity of various conditions and alternatives covered in the report of the City Manager to be considered at this meeting. The City Manager then presented his report concerning this item and reviewed its contents with the members of the Council. The hearing was then declared open and the following persons addressed the Council concerning the matter: Stan Cohen, Attorney at Law, 500 Esplanade Drive, Oxnard, Attorney for U. S. Condominium, the applicant. He reviewed the recommended con- ditions, making certain requests or suggestions and stating the position of the applicant as regards recommended conditions Nos. 10, 17, 19, 20 and 21, and County condition No. 5. Charles Schwabauer, representing the Moorpark Unified School District, spoke concerning the need for a school site in the Campus Park area. Jean Albee, Business Manager of the Moorpark Unified School District, also spoke along with Mr. Schwabauer concerning the need for such a school site. Gerry Goldstein, 11932 Los Angeles Avenue, Moorpark, spoke con- cerning alternative schools. There being no further testimony, the hearing was declared closed. It was moved by-Councilmember Straughan and seconded by Council member Harper that PD-857 be approved as recommended by the City Manager, with the following modifications: (1) That Paragraph 10 shall read as follows: "That prior to the issuance of building permits for lots within each phase, the developer shall be required to pay all necessary school facilities fees to the Unified School District; and shall be further required to renegotiate an agreement with the appropriate school district upon the expiration of the existing agreement for the payment of school facilities fees. " (2) That Paragraph 20 shall read as follows: "That all roofing be of concrete or clay tile. " (3) That Paragraph 19 shall provide that the PD be extended for a period of two years. (4) That Paragraph 2l{a) shall read as follows: '{a) That it is the intent of the City that PD-857 shall be subject to any rule, regulation, policy, ordinance or resolution relating to the public health or safety that may be adopted subsequent to this Resolution, including any enactment to maintain consistency with the County Air Quality Management Program." Said motion was defeated by the following roll call vote: AYES: Councilmember Straughan; NOES: Councilmembers Harper, Beaulieu and Mayor Yancy-Sutton; ABSENT: None; ABSTAIN: Councilmember Prietoo It was then moved by Councilmember Straughan and seconded by Councilmember Harper that PD-857 be approved as recommended by the City Manager, with the fol lowing modifications : (1) That Paragraph 10 shall read as set forth in previous motion; (2) That Paragraph 19 shall read as set forth in previous motion; (3) That Paragraph 20 read as follows: "That all roofing in Phase V shall be of concrete or clay tile. " (4) That Paragraph 2l{a) read as set forth in previous motion. -4- By general consent the hearing was reopened for further discussion between the applicant and members of the City Council. The hearing was then closed by general consent. It was then moved by Council member Harper and seconded by Council- member Straughan that the motion be amended to provide that Condition No. 16 read as follows: "16. That if 67 or more build able lots are obtained within Phase V of the project, the applicant shall install street trees and landscaping with appropriate irrigation in the Princeton A venue median (between Campus Park Drive and Amherst Street), to the approval of the Planning Director, provided that the City bear all operating and maintenance costs." On roll call the motion was carried by the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Harper, Straughan, Beaulieu and Mayor Yancy-Sutton; None; None; Councilmember Prieto. By general consent the hearing was again reopened and Councilmembers Harper and Beaulieu questioned Mr. Cohen, representative of the applicant, if the resolution in its present form would be acceptable to the applicant. Mr. Cohen stated in reply that he believed that Council has the right and obligation to use its best judgment, regardless of whether or not the applicant agrees; that the applicant has not agreed and has set forth reasons therefor; that applicant will look at the conditions adopted by the Council and will live with them if at all possible. The public hearing was then closed by general consent. Upon instructions, the City Attorney then presented Resolution No. 83-54, which encompassed the conditions heretofore approved by the Council at this meeting, and which Resolution No. 83-54 is entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING RESIDENTIAL PLANNED DEVELOPMENT PERMIT PD-857, PHASES III, IV AND V (U. S. CONDOMINIUM). It was moved by Council member Straughan and seconded by Councilmember Harper that said Resolution No. 83-54 be adopted, which motion was carried by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Councilmembers Straughan, Harper and Mayor Yancy-Sutton; Councilmember Beaulieu; Councilmember Prieto; None. -5- - 7. PUBLIC WORKS 7. A. Final Maps for Tracts TR -3070 -III, IV and V (U.S. Condominiu.m) It was moved by Council member Straughan and seconded by Council member Harper that the Council approve the Final Map for Tracts 3070-3, 4 and 5 and authorize the Mayor to sign the title sheets accepting for public use the right-of-way for all streets and all rights of ingress and egress across the tract boundary lines abutting Campus Park Drive and the easements for storm drainage and related purposes, and return the Final Maps to the Ventura County Public Works Agency, Real Property Services Department, for recordation; further that the Mayor be authorized to execute the Agreements for Construction of Subdivision Improvements (one agreement for each tract) and return two copies of each agreement to the Ventura County Public Works Agency, Real Property Services Department, for transmittal to the Developer and the Surety Cpmpany; and further, that the bonds be retained in file in the office of the City Clerk of Moorpark. Said motion was carried by the following roll call vote: AYES: NOES: ABSENT: Councilmembers Straughan, Harper, Beaulieu, Prieto and Mayor Yancy-Sutton; None; None. The Mayor declared a recess, the time being 10:42 p. m. The meeting reconvened at 10:58 p. m., all members being present. 6. PUBLIC HEARINGS (Continued from earlier in meeting) 6. B. Develop,rnent Plan No. J?~-294 (Prudential Overall Supply Co.) Overview of the project was given by Niall Fritz, City Manager. He also stated that representatives of both the Fire Department and Environmental Health Department were in attendance to answer questions the members of•. the Council might have. The Mayor then declared the meeting opened and the following persons addressed Council concerning the project: //Ill //Ill Ill// Ill/I /Ill/ /Ill/ /Ill/ /Ill/ -6- Glen Gessford, President, Carlsberg Development Company, 2800 Twenty- Eighth Street, Santa Monica, California 90405, developer of the industrial park in which the project is proposed to be constructed, explained the pr0ject and introduced the President of Prudential Overall. Don Clark, President, Prudential Overall Supply Company, 1661 E.Alton A venue, Santa Ana, California 92711, spoke in favor of the project. Roy Swedin, 2811 Teagarden Street, San Leandro, Caifornia, Architect for the project, described the proposed facility and answered questions posed by members of the Council concerning location of the transformer, fencing, identification sign, outdoor storage area, design of the sidewalk adjacent to Gabbert Road, possible redesign of the building to soften appearance. Gerry Goldstein, 11932 Los Angeles Avenue, Moorpark, re water use. Les Kovacs, of County Waterworks District No. 1, addressed Council concerning pre-treatment of discharge and was questioned extensively by Council members Harper and Straughan. Jeff Heath, of the County Environmental Health, addressed Council and explained the annual inspection procedure conducted by that agency to make certain that any process installed in the facility would comply with regulations. There being no further testimony, the Mayor declared the hearing closed. It was mo.ed by Council member Harper and seconded by Council member Straughan that Item 6B be continued until the next regular meeting of the City Council; that, in the intervening time, the City Manager be instructed to determine what State and Federal statutes and regulations are applicable to the operation of the proposed facility, particularly the applicability of Sections 307(b) and (c) of the Federal Clean Air and Water Act (1977A the National Catagorical Pre-treatment Standards; further, that the City Manager be directed to ascertain, the potential impact of compliance or non-compliance with applicable Federal and State standards on future expension of the existing sanitation plant to a tertiary system, and the impact on eligilibity for State and Federal grant monies. It was further moved that the applicant consider changes in the design of the structure to improve the aestl1etics, specifically: l) Relocating the external transformer to an internal electrical room. 2) Replacing the proposed lighted signs on the exterior of the building with a single cement monument-style sign. -7- - 3) Replacing the proposed fencing with wrought iron, interspersed with slumpstone pillasters. 4) Adding a storage area at the rear of the structure surrounded by a 10' high slumpstone wall and an appropriate gate. 5) Redesign the sidewalk on the west side of the project to meander within the proposed landscaped area adjacent to Gabbert Road. 6) Redesign the exterior of the building to soften the "box-like" appearance; specifically, consider adding a red Spanish tile mansard to all sides of the structure. It was suggested by Council member Straughan that the applicant furnish information to the City Manager prior to the next Council meeting and possibly incorporate some of the suggested changes into the plans prior to the meeting. In order to clarify the motion, Councilmember Harper moved to amend his motion to continue the matter to the regular meeting of December 7, 1983, which motion was seconded by Councilmember Straughan. It was tt1en moved by Council member Beaulieu anq consented to by the maker of the motion, Councilmember Harper, that applicant explore the possibility of screening the entire facility from view by tenants on the north, east and west, and be requested to report back with recommendations at the meeting of December 7, 1983. Said motion carried by following roll call vote: AYES: NOES: ABSENT: Council members Beaulieu, Harper, Prieto, Straughan and Mayor Yancy-Sutton; None; None. The Mayor then called for the vote on the first amendment to the main motion, relating to continuing said matter to December 7, 1983, and the motion was carried by the following roll call vote: AYES: NOES: ABSENT: Councilmembers Harper, Straughan, Beaulieu, Prieto and Mayor Yancy-Sutton; None; None. The Mayor then called for the vote on the main motion, which carried by the following roll call vote: AYES: NOES: ABSENT: Councilmembers Harper, Straughan, Beaulieu and Prieto; Mayor Yancy-Sutton; None. -8- 8. BUSINESS ITEMS 8. D. Warr ants Approval It was moved by Councilmember Straughan and seconded by Council member Harper that demands totaling $2, 826. 52, as approved by the City Manager, be approved, and that warrants be drawn for each of the following, to wit: DEMAND NO. 86 87 88 89 90 91 92 CLAIMANT More Copy Systems, Inc. Pacific Telephone Doris D. Bankus Mary Jo Rasey Niall Fritz Doris D. Bankus City of Simi Valley TOTAL AMOUNT $ 116.60 187.65 12.50 354.04 1,180.97 675.25 299.51 $2,826.52 Motion carried by the following roll call vote: AYES: NOES: ABSENT: Council members Straughan, Harper, Beaulieu, Prieto and Mayor Yancy-Sutton; None; None. It was moved by Councilmember Straughan and seconded by Council member Beaulieu that all items on the agenda which had not been considered by the Council at this meeting be continued to the meeting of December 7, 1983, which motion was carried by unanimous consent. 8. A. Countywide Water Conservation Plan (continued from 11-2-83) Continue to regular meeting of December 7, 1983. 8. B. Cooperative Purchasing with County Continue to regular meeting of December 7, 1983. 8. C. Public Safety Sub-Committee Continue to regular meeting of December 7, 1983. 8. E. Ordinance No. Payment of Monies Continue to regular meeting of December 7, 19'83. The City Manager stated that before adjournment of the meeting, he had some matters he wished to discuss with Council. WORK PROGRAM The City Manager distributed to each member of the Council a proposed work program and requested them to review and study the items and suggest priorities for their accomplishments. TRANSFER OF RECREATION AND PARKS FACILITIES AND QUIMBY TRUST FUNDS FROM COUNTY 1D CITY. The City Manager presented a communication dated November 9, 1983, which he had received from Thomas M. Volk, Director of Property Adminis- tration Agency of the County of Ventura, outlining the Agency's proposed plan for the transfer of park and recreation facilities and the Quimby trust funds from the County of Ventura to the City of Moorpark. He outlinerl his tentative reply to the communication, and after discussion the Council authorized him to proceed with his reply to Mr. Volk, as suggested, and to report back. The City Attorney was also requested to review the Quimby Act and prepare a report to the Council on the use of funds accrued under said Act. There being no further business to come before the Council at this meeting, it was moved by Councilmember Straughan, seconded by Councilmember Harper and unanimously carried that said meeting be adjourned, the time being 1 :05 a. m. Respectfully submitted, -10- ~ h~,/ DORIS D. BANKUS City Clerk