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HomeMy WebLinkAboutMIN 1983 1207 CC REGMoorpark, California December 7, 1983 The regular meeting of the City Council of the City of Moorpark, California was held on December 7, 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 Council member Prieto. 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 Allen, Jr., City Attorney, and Scott Field, Attorney at Law, both from the law firm of Burke, Williams and Sorensen; Sgt. Dave Paige and Commander Dennis Gillette, from the County Sheriff's Department; and Doris D. Bankus, City Clerk. 4. PUBLIC COMMENTS None. 5. APPROVAL OF MINUTES At the request of the City Clerk the approval of the minutes of the regular meeting of November 16, 1983 was continued to the next meeting. 6. PUBLIC HEARINGS 6. A. Development Plan No. DP -294 (Prudential Overall Supply) Two communications were presented in opposition to the development, as fol lows: Bob Meadows, E. 1). , 1 1 855 l;lwin [load, ,Moorpark, California Bob Crockford, Chairman, Moorpark COntnlunity Alliance, 1'. O. Box 175, 1\1(x)rpm-k, California By general consent said Co1l1llll.I1llCat1011S were I-(V(2i V(d 111(1 nladL' lI pnI t Of the file. The City Manager gave an update report on the present form of treatment of effluent and compliance with the Federal Clean Air and Water Act and the National Cat egorial Pre- treatment Standards. He advised that the County is presently preparing an industrial waste discharge ordinance which will impose tighter standards than now exist, and which should be adopted by the County within the next 2 months. He stated that the major issue of the proposed plant will be what it can physically handle, and that a decision will have to be made by the District Manager on each applica- tion as to how it relates to the over -all operation of the plant. He suggested that if approved, the subject development plan could be conditioned to require Council review before a sewage "will serve" letter is issued to the applicant, or before an industrial waste discharge permit is granted; or the permit could be conditioned to provide that the industrial waste discharge ordinance be adopted prior to the issuance of the "will serve" letter; or a condition could be added to the land use permit to provide that in the event that at any point the applicant's discharge becomes unacceptable to the operating perimeters of the plant, the applicant would be required to bring it into conformance with the new discharge requirements. The City Manager then stated that he had made arrangements for David Long, of the Regional County Sanitation District, to be present at the meeting to answer technical questions concerning the proposed operation, stating also that Mr. Long had been retained by Waterworks District No. 1 as a consultant on this project to assist in evaluating the proposed operation. David Long then addressed Council, participating in a discussion regarding the capability of Waterworks District No. 1 to handle the waste discharge from the proposed operation, as well as the monitoring of such operation to ensure there is no potential hazard to the public health, welfare and safety within the City. The City Manager then gave a further report on the matters which had been requested by the Council at its meeting of November 16, 1983, as follows: 1) On the relocation of the external transformer to an internal electrical room: the applicant will present information from Edison Company; 2) On the exterior sign: The applicant will comply with the request of Council and replacel0e lighted signs on the exterior of the building with a single cement monument -style sign. 3) Fencing: Recommends standard requirement of chain link fencing with redwood slats on all industrial interior yard fencing, to comply with request of Sheriff's Department to provide partial screening only for security purposes. 4) Screening of storage area at rear of building: Recommends outside storage to be conducted in M -2 Zone only where it would not be visable from public right -of -way. At the rear of the building no outside storage will be visable from the public right -of -way When the remainder of the industrial park is developed. S) Sidewalk: Public Works Agency recommends that sidewalk be adjacent to the curb with no landscaping, in order to avoid maintenance costs and problems. -2- 6) Redesign of exterior of building: The applicant will present revised rendering in response to concerns expressed by Council. The public hearing was then declared open, and the following persons representing Prudential Overall Supply addressed the Council in support of the proposed operation: Glen Gessford, Carlsberg Development Company 2800 - 28th Street, Santa Monica, California Don R. Clark, 1661 E. Alton, Santa Ana, California Blair Gallagher, 1661 Alton, Santa Ana, California Roy Swedin, 281.1 Teagarden Street, San Leandro, California During this portion of the public testimony there was discussion concerning the amount of water used daily. Also, Mr. Gallagher stated that the applicant would be prepared to go to the "state of the art" on treatment during the operation of the plant. During this portion of the public testimony Mr. Swedin presented revised rendering of the proposed plant showing location of a cement monument - like sign; relocation of the external transformer to an internal electrical room; and redesign of the exterior of the building to soften the appearance. The following individual addressed Council in opposition to the proposed operation: Bob Crockford, 7189 Walnut Canyon, Moorpark, California, representing Moorpark Community Alliance. There being no further testimony, the public hearing was declared closed. Councilmember Harper expressed some concern about costs incurred in the monitorirg of the operation, if approved, to which the City Manager replied that the Water District is presently governed by the Board of Supervisors; that while it is governed by the County, the City has authority, through the Clean Water Act, to adopt an ordinance that would require any user to comply with its terms; and that if the City becomes the governing board of the District, then the City would be responsible for the supervision of the operation, but that the cost would be covered by user fees. After further discussion, it was moved by Councilmember Straughan and seconded by Councilmember Prieto that DP -294 be approved, and that the City Manager be directed to prepare for presentation at the Council Meeting of December 21, 1983, a resolution of approval, including therein: 1) The standard conditions as recommended by the County; 2) An increase in landscaping of side yard -- that the fence be installed on the property line, with the landscaping on the inside of the fence; 3) Provide screening of the storage area; -3- 4) Approve -changes in the architectural rendering as presented at this meeting; and 5) Approve sidewalks as recommended by Staff. At this point Councilmember Beaulieu stated that he could not support the granting of the permit for the following reasons: 1. He has great reservations about the amount of water required for the operation, as well as the regulation and monitoring of the output; 2. That he feels that there are many other industries that can be developed to satisfy the lower -skill spectrum of the community without being such a high user of a natural resource, that being water; and 3. That he does not feel that a denial of the proposed project would deter other industries from coming into the city, and that commercial developers will be quick to point out to prospective clients the attractive qualities offered by the City. It was moved by Councilmember Prieto, seconded by Councilmember Straughan and unanimously carried that the motion be amended to include a provision that the permit must comply with the provisions of the new County ordinance to be adopted within 2 or 3 months. It was moved by Councilmember Harper that the permit be conditioned further to limit the user to an intake of 25, 000 gallons per day, and that applicant be required to comply with the provisions of Sections 307(b) and (c) of the Federal Clean Air and Water Act (1977) or the new County ordinance, whichever is stricter. Motion was lost for lack of a second. On roll call the motion to amend the main motion was carried by the following vote: AYES: Council members Prieto, Straughan, Beaulieu, Harper and Mayor Yancy - Sutton; NOES: None; ABSENT: None. With the consent of the maker of the main motion, concurred in by the second, the following condition was added to the main motion: That the permit include a condition to provide that the Council shall review the 'will serve" letter prior to its being granted. On roll call the main motion, as amended, was carried by the following vote: AYES: Councilmembers Straughan, Prieto and Mayor Yancy Sutton; NOES: Councilmembers Beaulieu and harper; NOES: None. -4- The Mayor declared a recess, the time being 9:40 p. m. The Meeting reconvened at 9:50 p. m. , with all members of the Council present. 7. OLD BUSINESS ITEMS - Continued from Council Meeting of 1.1 -16 -83 7. A. County -wide Water Conservation Plan It was moved by Councilmember Straughan and seconded by Councilmember Harper that Resolution No. 83 -S6, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK DECLARING ITS INTENT TO SUPPORT THE COUNTY WIDE WATER CONSERVATION PLAN, AND TO PARTICIPATE IN A COUNTYWIDE EFFORT WITH OTHER AGENCIES IN VENTURA COUNTY TO REDUCE WATER CONSUMPTION AND TO IMPLEMENT THOSE WATER CONSERVATION MEASURES WHICH THIS AGENCY DETERMINES TO BE COST EFFECTIVE AND BENEFICIAL. be adopted, which motion was carried by the following roll call vote: AYES: Councilmembers Straughan, Harper, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. 7. B. Cooperative Purchasing with County It was moved by Councilmember Straughan and seconded by Councilmember Harper that Resolution No. 83 -57, entitled: A RESOLUTION OF THE CITY OF MOORPAR K, CALIFORNIA, ACCEPTING THE OFFER OF THE COUNTY OF VENTURA TO ENTER INTO A COOPERATIVE PURCHASING AGREEMENT PURSUANT TO COUNTY RESOLUTION NO. 224, be adopted, which motion was carried by the following roll call vote: AYES: Councilmembers Straughan, Harper, Beaulieu, Prieto and Mayor Yancy - Sutton; NOES: None; ABSENT: None. 7. C. Public Safety Sub - Committee By general consent, the Council approved the recommendation of the City Manager to form a Public Safety Sub - Committee, to consist of the Mayor, the City Manager, and one other member of the Council, to review and make recomendations to the Council on all matters relating to the pro- vision of police, fire, ambulance, paramedic and disaster services to the citizenry. The Mayor then appointed Councilmember Harper to serve ad the third member of the committee. -5- 7. I). Payment of Monies After discussion concerning some of the as presented by the City Attorney, it wa s for suggested changes in the language, t o meeting. NON-AGENDA ITEM language in the proposed ordinance referred back to the City Attorney be brought forward later in the At this time Curran Cummings, Administrative Assistant to Supervisor James Dougherty, Fourth District, presented Sue Borquez, who is the Administrative Assistant for the Supervisor, covering the Moorpark area. 7. D. Payment of Monies (Continued) The City Attorney presented Ordinance No. 12, entitled, AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, ADDING CHAPTER 17 TO TITLE 3 OF THE MUNICIPAL CODE OF THE CITY OF MOORPAR K, RELATING TO PAYMENT OF CITY MONIES as corrected pursuant to instructions received from Council earlier in this meeting. It was moved by Councilmember Harper and seconded by Councilmember Beaulieu to waive further reading of said Ordinance No. 12, and that it be introduced, which motion was carried by the following roll call vote: AYES: Council members Harper, Beaulieu, Prieto, Straughan and Mayor Yancy- Sutton; NOES: None; ABSENT: None. 8. NEW BUSINESS 8. A. Sheriff's Department Report Back By general consent the report of the Sheriff's Department concerning complaints registered by Jerry Goldstein at the Council Meeeting of November 16, 1983, was received and filed. Commander Dennis Gillette was present and received commendations from members of the Council on the very professional manner in which the matter had been handled. There was a discussion concerning the recommendations of the City Manager for future handling of complaints against an employee of the City; Council concurred with recommendations of the City Manager. 8.13. Annual Christmas Celebration By general consent the report of the City Manager, dated December 7, 1983, concerning the scheduled Christmas celebration, was approved and ordered received and filed. 8. C. Disaster Agreement By general consent this matter was continued to the meeting of December 21, 1983, in order to allow Councilmember Prieto an opportunity to report back after his attendance of a Disaster Council meeting on December 16. Councilmember Prieto also to obtain estimated cost to City. 8. D. Economic Development By general consent the City Manager was directed to work with the Chamber of Commerce in preparing an economic development brochure for the City, such brochure and any related production expenses to be subject to final approval by the City Council. 8. E. Transfer of Funds - Areas of Contribution: Los Angeles Avenue Gabbert - Casey Roads Tierra Rejada - Moorpark Roads It was moved by Councilmember Harper, seconded by Councilmember Beaulieu and unanimously carried that the Mayor be authorized to sign the respective agreements with the County of Ventura pertaining to the three Areas of Contribution itemized above. -7- 8. F. Warrants It was moved by Councilmember Straughan and seconded by Council member Harper that demands totaling $3, 577. 33, as approved by the City Manager, be approved, and that warrants be drawn for each of the followin g, to wit: DEMAND NO. C1-I ILA ANT AMOUNT 93 Professionally Speaking 30.00 94 James A. Hartley 25.00 95 Suzanna Prieto 25.00 96 Jim Weak 25.00 97 Tom Schleve 25.00 98 Doris Miller 25.00 99 John Wozniak 25.00 1.00 Margaret Sabine 25.00 101 Irene Barrera 25.00 102 Dan Rasey 25.00 103 Carroll Roe 25.00 104 John C. Gedney 50.00 105 Niall Fritz 1,180.97 106 Doris D. Bankus 675.25 107 Mary Jo Rasey 266.28 108 Niall Fritz 82.00 109 City of Simi Valley 299.51 110 Leta Yancy- Sutton 50.00 111 Albert Prieto 50.00 112 Roger Beaulieu 50.00 113 Clinton D. Harper 50.00 114 Jerry Straughan 50.00 115 More Copy Systems, Inc. 493.32 TOTAL $ 3,577.33 Motion carried by the following roll call vote: AYES: Councilmembers Straughan, Harper, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. 8. G. Amendment to Sales and Use Tax Ordinance. The City Attorney presented Ordinance No. 13, entitled: AN ORDINANCE TO AMEND ORDINANCE NO. 3 IMPOSING A SALES AND USE TAX TO BE ADMINISTERED BY TI4E STATE BOARD OF EQUALIZATION. He explained the ordinance and the reason for its adoption, stating that since it relates to taxes for the usual and current expenses of the City, it will take effect immediately upon its adoption. It was moved by Councilmember Straughan, seconded by Councilmember Harper and unanimously carried that further reading of said Ordinance be waived. It was then moved by Councilmember Straughan and seconded by Council- member Harper that said Ordinance No. 13, entitled as above, be adopted, which motion was carried by the following roll call vote: AYES: Council members Straughan, Harper, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; A13SENT: None. 8. H. Conduct of Meetings The City Attorney presented a resolution which he had prepared establishing rules of conduct of Council meetings, which resolution had been distributed previously to members of the Council, who had provided input regarding contents. After reviewing the comments provided by Council members, the resolution was referred back to the City Attorney for final preparation, to be on the agenda for the next Council meeting. 8. 1. Work Program By general consent the Work Program was referred back to the City Manager with the request that he prioritize the items listed therein. 9. COUNCIL COMMENTS 9. A. Mobilehome Park Rent Control (Non- agenda item) Councilmember Harper stated that he had attended the hearing on the applica- cation of Leasco for a rent increase at Villa del Arroyo Mobilehome Park held December 5, 1983 before the Mobilehome Park Rent Review Board. He recommended that the City Council authorize the Board to hold study sessions to consider revisions to the 'rent control ordinance (Ordinance No. 7) to make clarify the requirements and procedures contained therein. Wally Todd III, Chairman of the Mobilehome Park Rent Review Board, addressed Council in support of Councilmember Harper's recommedation. After discussion, it was moved by Councilmember Harper and seconded by Councilmember Straughan that the Mobilehome Park Rent Review Board be authorized to hold public study sessions to discuss possible revisions to the mobilehome park rent control ordinance, and to submit suggested revisions to the City Attorney for drafting the necessary amendments, subject to his approval. Said motion was carried by the following roll call vote: AYES: Councilmembers Harper, Straughan, Beaulieu, and Prieto; NOES: None; ABSTAIN: Mayor Yancy - Sutton. -9- I 0. ADJOURNMENT There being no further business, it was moved by Councilmember Beaulieu, seconded by Councilmember Straughan and unanimously • carried that the meeting adjourn, the time being I. l: 15 p. m. • Respectfully submitted, Doris D. Bankus City Clerk APPROVED: 2 . — • , 00/1",". 4.4 fir.00 0101•1, ayor • - 0 10. AIAOURNMENT There being no further business, it was moved by Councilrnember Beaulieu, seconded by Councilmember Straughan and unanimously carried that the meeting adjourn, the time being I 1 :15 p. m. APPROVED: Mayor Respectfully submitted, _lo_ Doris D. Bankus City Clerk