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HomeMy WebLinkAboutMIN 1984 0118 CC REGMoorpark, California January 18, 1984 The regular meeting of the City Council of the City of Moorpark, California was held on January 18, 1984, 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 7:00 p. m., Mayor Leta Yancy- Sutton presiding. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember harper. 3. ROLL CALL PRESENT: Council members Roger Beaulieu, Clinton D. Harper, Albert Prieto, Jerry Straughan, and Mayor Leta 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; Sgt. Dave Paige, County Sheriff's Department; and Doris D. Bankus, City Clerk. 4. APPROVAL OF MINUTES It was moved by Councilmember Straughan, se-onded by Council member Harper and unanimously carried that the minutes of the regular meeting of January 4, 1984, be approved. 5. PUBLIC COMMENT Connie Precourt, of 1513 Eucalyptus, Simi Valley, student of Contemporary Urban Studies Class at Moorpark College, addressed Council and presented each with a copy of A Cross - Sectional Attitudinal Survey of the Voting Popula of the City of Moorpark consisting of tabulated results of a random survey o registered voters of the City, conducted by students of the above- referenced Class. By general consent, the report was ordered received and filed. Phil Vein, of 6685 Princeton, Moorpark, representing the College Park Neighborhood Council, addressed Council, displaying pamphlets and informa- tional material which had been compiled by the College Park Neighborhood Council Disaster Committee and disbursed to residents in that area. He offered to make the master copies available to the City, should it be decided to copy and distribute the material to all citizens of the City. Two copies of the material were presented to the Mayor. -1- 6. HEARINGS 6. A. Development Plan No. DP-294 (Prudential Overall Suppl The City Manager presented a chronological summary of the history of the subject matter, also stating that each member of the Council had been furnished a complete duplicate file of the application and all related documents. The City Clerk reported to the Council that notice of this hearing had been given in the following manner, pursuant to instructions from the Council, and presented Affidavits certifying the same, as follows: 1. Notice of hearing posted on Dec=ember 30, 1983, at a Moorpark City hall b Moorpark Post Office c) Moorpark College 2. Notice of hearing published in The Enterprise on January 6, 1984 3. Notice of hearing published in Moorpark News on :January 5, 1984 4. Notice of hearing mailed on January 6, 1984 to all property owners within 300 feet of the subject property, as required by law, as we'll as all property owners within 300 feet South of the south side of Los Angeles Avenue from Buttercreek Road on the west to Beltramo Road on the east, which would include Buttercreek, Ileatherwood and Heather Glen subdivisions; to the Homeowners' Associations in the area; to property owners on Mira Sol Drive within 300 feet south of the south side of Los Angeles Avenue, and all property owners on Gabbert Road, all within City of Moorpark. By unanimous consent the documents were ordered received and filed. Mayor Yancy- Sutton then declared the public hearing opened, and the following persons addressed Council concerning the subject matter: Those in favor: Stan Cohen, Attorney at Law, 500 Esplanade Drive, Oxnard representing Carlsberg Development, and Prudential Overall Supply Co., the applicant. Blair Gallagher, Prudential Overall Supply Co., 1661 Alton Avenue, Irvine, California Don Clark, Prudential Overall Supply Co., 1661 Alton Avenue, Irvine Ron Swedin, of Cline Agree & Swedin, 281.1. Teagarden Street, San Leandro, California, architect for the applicant Bill Mitchell, 6440 N. Berkeley, Moorpark F. H. Knickelbein, 4893 Avedon Road, Moorpark Raul Navarro, 151.85 -B Marquette, Moorpark Those in opposition: Tom Baldwin, 6475 Pepperdine, Moorpark Bob Meadows, 11855 Elwin Road, Moorpark, member of Moorpark Community Alliance -2- 6. A. (Continued) Bob Crockford, 7189 Walnut Canyon Road, Moorpark Chairman of Moorpark Community Alliance Art Morrell, 3849 Hitch, Moorpark Ron Miller, 6395 Gabbert Road, Moorpark Stephen P. Anderson, 13820 Bear Valley Road, Moorpark representing Peach Hill Citizens Coalition, presentee petition in opposition, purportedly bearing 78 signatures Margaret Kirnig, 10725 Citrus Drive. Moorpark, member of Moorpark Community Alliance `Nally Todd, 4240 Tecolote Court, Moorpark member of Moorpark Community Alliance and Peach Hill Citizens Coalition presented petition in opposition, purportedly bearing 94 signatures Stan Cohen and Don Clark then spoke in rebuttal, again urging approval of the project. The City Manager then announced that David Long, of the Ventura Regional Sanitation District, had been invited to be present at this hearing to provide input and answer questions posed by members of the Council and concerned citizens concerning the proposed operations of Prudential Overall Supply Company and Metal Bellows Corporation, which had been granted a permit previously. Mr. Long addressed Council, stating that the Sanitation District has been requested to conduct a technical review of the two operations; that he has scheduled meetings with engineering staff of both companies so that what information they have can be clarified. He stated that the District will prepare a report to the County as to whether or not these two companies could meet the proposed discharge ordinance. He then responded to questions posed by members of the C "ouncil and the audience. Riley Spencer, President of the Chamber of Commerce, and Chairman of the Board of Directors of Waterworks District No. 1, addressed Council in support of the project, and advising that the District had reviewed the plans and could see no problems in connection therewith. At this time, 9:00 p. m., the Mayor declared a recess. The meeting was reconvened again at 9:15 p. m. , all members of the Council being present. Donna Ellis, 13604 Gunsmoke Road, Moorpark, spoke in opposition to the proj ect. Blair Gallagher, of Prudential Overall Supply Company, responded to questions posed by members of the Council. There being no further testimony, the hearing was declared closed. After discussion, it was moved by Councilmember Prieto to certify the mitigated negative declaration and adopt the proposed findings and approve DP -294. Mayor Yancy- Sutton handed the gavel to Councilmember Beaulieu, who then presided, and she seconded the motion. After discussion the motion was lost by the following roll call vote: -3- AYES: Councilmember Prieto and Mayor Yancy- Sutton; NOES: Councilmembers Beaulieu, Harper and Straughan; ABSENT: None. Councilmember Beaulieu then passed the gavel back to the Mayor, who then presided over the meeting. It was moved by Councilmember Harper and seconded by Councilmember Straughan that the decision on the mitigated negative declaration be deferred until the report has been received from the Regional Sanitation District on the study they have undertaken as described by Mr. Long earlier in the meeting. Motion was lost by the following roll call vote: AYES: Councilmembers Harper and Straughan; NOES: Councilmembers Beaulieu, Prieto and Mayor Yancy- Sutton; ABSENT: None. It was moved by Councilmember Straughan and seconded by Councilmember Harper that the environmental document be found to be inadequate, which motion carried by the following roll call vote: AYES: Councilmembers Straughan, Harper and Beaulieu; NOES: Councilmember Prieto and Mayor Yancy - Sutton; ABSENT: None. After discussion, it was moved by Councilmember Straughan and seconded by Councilmember Harper that an Environmental Impact Report be required for this project, which motion carried by the following roll call vote: AYES: Councilmembers Straughan, Harper and Beaulieu; NOES: Councilmember Prieto and Mayor Yancy- Sutton; ABSENT: None. Questions as to the possibility of using a previously prepared Environmental Impact Report were raised by Councilmembers Harper and Straughan and the City Manager advised that if such a document exists, it would have to be reviewed to determine whether or not it deals with the issues raised. It was moved by Councilmember Straughan and seconded by Councilmember Harper that when an Environmental Impact Report is filed on this project, notice of public hearing be sent to all those persons who received notice of the hearing at this meeting, as well as the Chairpersons of all homeowners associations within the City. It was moved by Councilmember Harper and seconded by Councilmember Straughan that a 30 -day noticing period be announced for this Environmental Impact Report, if in fact it is a subsequent usage. The motion on the amendment failed by the following roll call vote: AYES: Councilmembers Harper and Straughan; NOES: Councilmembers Beaulieu, Prieto and Mayor Yancy- Sutton; ABSENT: None. The main motion carried by the following roll call vote: AYES: Councilmembers Straughan, Harper and Beaulieu; NOES: Councilmember Prieto and Mayor Yancy- Sutton; ABSENT: None. -4- Mayor Yancy- Sutton then declared a recess, the time being 9:45 p. m. The meeting was reconvened at 10:00 p. m., all members of the Council being present. 6. B. Planned Development No PD -980 (Janss Corporation) Dennis Hawkins, of the County Planning staff, presented an overview of the project, and the City Manager reviewed the action and recommendation of the Planning Commission concerning the proposed project. The City Clerk presented Affidavit of Posting the Notice of Public Hearing on the subject project, reporting that the Notice had been posted in three public places within the City, as designated by the City Council by its Resolution No. 83 -11, adopted July 2, 1983: the Moorpark City Hall, the Moorpark Post Office, and at Moorpark College. By unanimous consent the Affidavit of Posting was ordered received and filed. The Mayor then declared the hearing opened and the following persons addressed Council concerning the project: Those in favor: Bill Janss, President of Janss Corporation, the applicant 100 East Thousand Oaks Boulevard, Thousand Oaks, CA Larry Carilnian, 717 Lakefield Road, Westlake Village, CA with Janss Corporation Ebbe Videriksen, of Ebbe Videriksen, AIA Architect & Associates 15438 Ventura Boulevard, Sherman Oaks, CA 91403 architect on the project William A. Law, of Linscott, Law & Greenspan, Inc., Engineers 106 S. Mentor Avenue, Pasadena, CA 91106 traffic consulting engineer on the project Richard Ramonette, of Hughes Markets, Inc. 4042 Coldwater Canyon, Studio City, CA proposed tenant of the development Fred Hammar, Civil Engineer for Janns Corporation After some discussion between members of the Council and representatives of Janss Corporation, testimony was heard from Jerry Goldstein, of 11932 Los Angeles Avenue, Moorpark, asking certain questions concerning the development. At this time, 11 :25 p. m. , a recess was declared by Mayor Yancy - Sutton. The meeting was reconvened at 11 :40 p. m., all members of the Council being present. There being no further testimony, the hearing was declared closed. There was considerable discussion regarding the location of the post office drop box. There was also discussion regarding the possibility of an access road into the center from Park Lane. Council member Harper then presented and read suggested deletions, amendments and additions to the conditions recommended by the staff and the Planning Com- mission, announcing that he had them in written form for inclusion into the record. -5- The conditions addressed were: 1) Amendments: 2 Deletions: 3 Additions: Conditions Nos. 55, Condition No. 59; Conditions Nos. 67, 601 61 and 65; 68, 69, 70, 71, 72 and 73. It was then moved by Councilmember Straughan and seconded by Councilmember Harper that the City Attorney present a resolution certifying as adequate the Mitigated Negative Declaration on the project, which motion carried by the following roll call vote: AYES: Council members Straughan, Harper, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. It was then moved by Councilmember Straughan and seconded by Councilmember Harper that the City Attorney present a resolution approving Planned Development Permit No. PD -980 (Janss Corporation), with the amendments, deletion and additions as suggested by Councilmember Harper, and the additional amendment of Condition No. 10 to strike the words "Prior to issuance of a zone clearance" at the beginning of the condition. Motion carried by the following roll call vote: AYES: Councilmembers Straughan, Harper, Beaulieu, Prieto and Mayor Yancy- Sutton; NOE S: None; ABSENT: None. The City Attorney then presented Resolution No. 84 -63, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPAR K CALIFORNIA, CERTIFYING THE MITIGATED NEGATIVE bECLARATION AND APPROVING PLANNED DEVELOPMENT PERMIT NO. PD -980, ON APPLICATION OF JANSS CORPORATION. It was moved by Councilmember Straughan and seconded by Councilmember Harper that said Resolution No. 84-63 be adopted, which motion carried by the following roll call vote: AYES: Council members Straughan, Harper, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. The Mayor declared a recess at this time, 12 :23 a. m. The meeting was reconvened at 12:35 a. rn. , all members of the Council being present. 6. C. Ventura County Uniform Building Code 6. C. (1) Adopt Ordinance No. 1.4 The City Clerk reported that pursuant to the provisions of law, she had posted notice of public hearing concerning this matter at the three public places in the City, as designated by the City Council by its Resolution No. 83 -11, -6- adopted July 2, 1983: at the Moorpark City Hall, the Moorpark Post Office and at Moorpark College; that in addition, notice of this hearing had been published on January 5 and 12 in both the Moorpark News and The Enterprise. Affidavits concerning such posting and publication were ordered rec -eived and filed. The Mayor declared the public hearing on the adoption of Ordinance No. 14 to be open. There was no person desiring to give testimony regarding this matter and the Mayor, therefore, closed the public hearing. The City Attorney then presented] Ordinance No. 14, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, REPEALING SECTION 2 OF ORDINANCE NO. 6, AND ADDING SECTION 8.01.001 TO THE MOORPARK MUNICIPAL CODE RELATING TO ADOPTING BY REFERENCE THE VENTURA COUNTY BUILDING CODE. It was moved by Councilmember Harper, seconded by Councilmember Straughan and unanimously carried that further reading of said Ordinance No. 14 be waived. It was then move by Councilmember Harper and seconded by Councilmember- Straughan that said Ordinance No. 14, entitled as above set forth, be adopted, which motion carried by the following roll call vote_ AYES: Councilmembers Harper, Straughan, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. 6. C. (2) Adopt Resolution No. 84 -64 Making Certain Findings The City Attorney presented Resolution No. 84 -64, entitled: A RE` )'OLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK ADOPTING EXPRESS FINDINGS IN RE MODIFICATION OF UNIFORM CODES WHICH REGULATE BUILDINGS SUBJECT TO THE STATE HOUSING LAW It was moved by Councilmember Harper, seconded by Councilmember Straughan and unanimously carried that further reading of said Resolution No. 84-64 be waived. It was then moved by Councilmember Harper and seconded by Councilmember Straughan that said Resolution No. 84-64, entitled as above set forth, be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Harper, Straughan, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. -7- 6.C.(3) Consider Amendment to UBC re prohibition of Aluminum Wiring in Residential Structures The City Attorney stated that pursuant to instructions, he had prepared an ordinance which would prohibit the use of aluminum wiring in residential structures within the City, which ordinance he presented for consideration. Jack Cudmore, Building Official of Ventura County, addressed Council in opposition to the ordinance, displaying samples of aluminum wiring of various gauges, and stating that members of the County Building Department who would be involved in enforcement of such an ordinance were in attendance to answer any questions Council might have concerning their opposition. After discussion, it was moved by Councilmember Straughan and seconded by Councilmember Prieto that the proposed ordinance be tabled, which motion carried by the following roll call vote: AYES: Councilmembers Straughan, Prieto, Beaulieu and Mayor Yancy- Sutton; 'FOES: Councilmember Harper; ABSENT: None. 7. WRITTEN COMMUNICATIONS None. 8. COMMENTS BY COUNCILMEMBERS Councilmember Beaulieu expressed concern regarding apparent inadequacy of current method of notifying the public regarding proposed developments in the City, and suggested that the ordinance appearing on the agenda at this meeting under Item 10.A be expanded to include notification to property owners within 300 feet of the border of an industrial park rather than 300 of the property itself, and that there be public announcement at the Council Meetings of all Environmental Impact Report hearings concerning Moorpark developments, to be held either at the County Center or at the Moorpark City Hall. 9. CONSENT CALENDAR 10. BUSINESS SESSION 10.A. Noticing of Planning Projects The City Attorney presented Ordinance No. 15, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADDING CHAPTER 1, SECTION 9.01.010 TO TITLE 9 OF THE MOORPARK MUNICIPAL CODE RELATING TO PUBLIC NOTICE. It was moved by Councilmember Harper, seconded by Councilmember Straughan and unanimously carried to waive further reading of said ordinance. It was then moved by Councilmember Harper and seconded by Councilmember Straughan that Ordinance No. 1S, entitled as above, be introduced, which motion carried by the following roll call vote: -8- AYES: Councilmembers Harper, Straughan, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. 1O.B. Petition of Griffin Homes - Moorpark to form Landscape Maintenance District - Tract 2851 (PD -903) Because of a possible conflict of interest, the Mayor handed the gavel to Mayor Pro Tem Prieto, who then presided over the meeting. The City Clerk presented Petition dated January 3, 1984, signed by Richard A. Niec, Vice President and Director of Land Development, Griffin Development Company, general partner of Griffin Homes - Moorpark, which petition is entitled: A PETITION TO THE CITY COUNCIL OF THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, PETITIONING SAID COUNCIL TO INITIATE PROCEEDINGS FOR THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT TO BE ESTABLISHED PURSUANT TO THE "LANDSCAPING AND LIGHTING ACT OF 1972" AS SET FORTH IN PART 2 OF DIVISION 15 (SECTION 22500 et seg.) OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA. By general crnsent said petition was ordered received and filed. The City Attorney then presented Resolution No. 84 -65, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DECLARING ITS INTENTION TO INITIATE PROCEEDINGS FOR THE FORMATION OF THE "MOORPARK LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. AD- 84 -1 ", AN ASSESSMENT DISTRICT TO BE ESTABLISHED PURSUANT TO THE "LANDSCAPING AND LIGHTING ACT OF 1972 ". It was moved by Councilmember Straughan and seconded by Councilmember Harper that said Resolution No. 84 -65 be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Straughan, Harper, Beaulieu and Mayor Pro Tem Prieto; NOES: None; ABSENT: None; ABSTAIN: Mayor Yancy- Sutton. Mayor Pro Tem Prieto then returned the gavel to Mayor Yancy- Sutton, who then presided over the meeting. 1O.C. Resolution Extending Certain Land Use Entitlements The City Attorney presented Resolution No. 84 -66, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, EXTENDING CERTAIN LAND USE ENTITLEMENTS. -9- It was moved by Councilmember Straughan and seconded by Councilmember Beaulieu that said Resolution No. 84 -66 be adopted, which motion carried by the following roll call vote; AYES: Councilmembers Straughan, Beaulieu, Harper, Prieto and Mayor Yancy- Sutton; NOES: done; ABSENT: None. 10.D. Friends of Library - Request for Payment of $5000 Pledge for Expansion of Library The City Manager presented his report dated January 18, 1984, regarding the pledge which had been made by this Council at its meeting of September 13, 1983 in the amount of $5000. Attached to the City Manager's report was communication dated December 15, 1983, from the Moorpark Friends of the Library, thanking the Council for its generosity in pledging the money, and requesting that the pledge be met at this time. The City Manager presented an agreement which had been prepared by the City Attorney, to be executed by the County and the City, providing that the funds would be used solely for the expansion of the library. It was moved by Councilmember Straughan and seconded by Councilmember Harper that the communications be received and filed; that $5000 be transferred from the General Fund Unappropriated Reserve to Account No. 261, Special Expense; that the Mayor and City Clerk be authorized to execute the agreement for and on behalf of the City; and that a warrant in the sum of $5000 be issued as requested. On roll call said motion carried by the following vote: AYES: Councilmembers Straughan, Harper, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. 10.E. APPROVAL OF WARRANTS It was moved by Councilmember Harper and seconded by Councilmember Straughan that demands totaling $3,703.19, as approved by the City Manager, be approved, and that warrants be drawn for each of the following, to wit: DEMAND Nn. CLAIMANT AMOUNT 154 U.S. Postmaster $ 100.00 155 Moorpark Travel, Inc. 158.00 156 Richard D. Dean, County Clerk 639.78 157 Pacific Bell 167.83 158 Public Employees' Retirement System 166.00 159 Eastman, Inc. 306.34 160 Niall Fritz 1,180.97 161 Doris D. Bankus 675.25 162 Mary Jo Rasey 309.02 TOTAL -10- 3,703.19 10.F. Proclamation - Disaster Survival Week - January 29, 1984 Recommendations for Participation in County-wide Program Mayor Yancy-Sutton proclaimed the week of January 29, 1984 as Disaster Survival Week; and by general consent the recommendation of the City Manager was approved to authorize expenditure of a sum not to exceed $330 to join with the County of Ventura in publication and distribution of a disaster survival brochure. 10.G. Information Report from William C. Mitchell re Meeting of Citizens Transportation Advisory Committee (CTAC) By general consent the report of Mr. Mitchell dated January 12, 1984, regarding the subject matter, was ordered received and filed. 10.H. Job Classification - Director of Community Development After brief discussion, it was moved by Councilmember Harper,- seconded by Councilmember Beaulieu and unanimously carried that the City Manager be directed to prepare the appropriate advertisement for the position of Director of Community Development, and that the advertisement be reviewed by the Mayor and one other Councilmember of her choosing; and that it be prepared in a timely manner. The Mayor requested that Councilmember Beaulieu assist her in the review of the job advertisement. 11. FUTURE AGENDA ITEMS The Mayor requested that, in view of the lateness of the hour, if any member of the Council has a matter to be placed on the agenda for a future meeting, he contact the City Manager. 12. ADJOURNMENT There being no further business to come before the Council at this time, it was moved by Councilmember Harper, seconded by Councilmember Straughan and unanimously carried that the meeting adjourn, the time being 1:20 a.m. Respectfully submitted, D RIS D. B KUS, Airy Clerk APPROVED: (1) Aar dr Ma -11-