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HomeMy WebLinkAboutMIN 1984 0215 CC REGMoorpark, California February 15, 1984 The regular meeting of the City Council of the City of Moorpark, California was held on February 15, 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 Prieto. 3. ROLL CALL PRESENT: Councilmembers 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 firm of Burke, Williams and Sorensen; Lt. Arve Wells, County Sheriff's Department; and Doris D. Bankus, City Clerk. 4. APPROVAL OF MINUTES It was moved by Councilmember Straughan, seconded by Councilmember Harper and unanimously carried that the minutes of the regular meeting of January 18, 1984 be approved as recorded. It was moved by Councilmember Straughan, seconded by Councilmember Prieto and unanimously carried that the minutes of the regular meeting of February 1, 1984 be approved as recorded. 5. PUBLIC COMMENT 5.A. Bike Paths Bill Mitchell, 6440 N. Berkeley Circle, Moorpark, addressed Council as representative to Citizens Transportation Advisory Committee (CTAC) ; reminded Council that if City is going to take any action regarding the pedestrian /bicycle paths, the application must be submitted by April 1st. -1- 5.B. Presentation re Museum - Historical Societ Charles Schwabauer, 12682 Broadway, Moorpark, addressed Council on behalf of the Historical Society, presenting and describing a sketch of a proposed new museum building to be constructed on Community Center property, and requested Council approval of the concept, and that Council direct staff to negotiate a long -term lease for the property where the proposed building would be constructed. After discussion it was moved by Councilmember Straughan, seconded by Councilmember Harper and unanimously carried that the Historical Society be granted a 5 -year period, at a cost of $1.00, during which time the Historical Society may exercise an option to lease the subject property for a period of time to be negotiated; further, that the lease to be negotiated shall be of sufficient length of time to allow realistic amortization of the construction cost of the museum facility to be built on the subject property by the Historical Society; and further, that the City Manager is instructed to conduct such negotiation and to report back to the City Council for approval. S.C. PROCLAMATION At this time the Mayor proclaimed the week of March 4 through 10, 1984 as "PRIDE BOWL WEEK ", and presented the signed proclamation to Tim Lorenzen, 2201 E. Olsen Road, Simi Valley, representing Ventura County Sheriff's Department. Mr. Lorenzen spoke briefly, inviting the Council and all citizens to support the Sheriff's Department by attending the game, the proceeds of which will go to assist senior citizen organizations concerned with the welfare of the elderly. 6. HEARINGS None. 7. WRITTEN COMMUNICATIONS The Mayor read public announcement from Ventura Local Agency Formation Commission, dated February 8, 1984, regarding recruitment and selection of a new Alternate Public Member. Communication was received and filed by general consent. 8. COMMENTS BY COUNCILMEMBERS 8.A. Councilmember Beaulieu stated that he had received numerous complaints from residents in the Peach Hill area concerning one developer in that area, including moving of dirt without watering down, permanent staining of swimming pools and fences, and disregard for safety of residents by drivers of the trucks belonging to the developer. The City Attorney advised that the complaints could be handled, but that specific information should be submitted to the City Manager concerning the items. -2- Councilmember Beaulieu reported that he had received complaints from residents living near Moorpark College, that household pets are being dumped at the end of the Simi Valley Freeway, and requested information concerning prohibition. The City Attorney stated that this is in violation of our Code provisions, and specifics should be provided to the City Manager so that he could report the matter to the proper source for regulation. 8.B. Councilmember Harper stated that he had attended the Planning Commission Meeting on February 14, and that two excellent presenta- tionshad been made on solar heating. He suggested that the same presentations be arranged for Council, and the City Manager was directed to make arrangements. Councilmember Harper stated that he was concerned with the potential impact of traffic on Highway #118 in the vicinity of the Cabot, Cabot and Forbes project (Development Plan 299), and requested that prior to the hearing on the subject matter, scheduled for the meeting of March 7, 1984, each member of the Council be furnished a copy of the traffic study done by the County, and that, in addition, a member of the County Traffic department be in attendance at the hearing to answer questions on methodology. 8,C, Councilmember Straughan raised the question of which newspaper the City should use in printing its legal advertising, stating that it was his understanding that the Mirror had offered to handle such publications without charge to the City until July 1, 1984. Following discussion the City Attorney stated that he would provide information to the Council as to the legal requirements for such publications. 9. CONSENT CALENDAR None 10. BUSINESS SESSION 10.A. Resolution of Intention to Grant Franchise to Southern California Gas Companv Mark Allen, Jr., City Attorney, stated that he would not participate in the subject matter because of a possible conflict. Scott Field, Assistant to the City Attorney, then presented Resolution No. 84 -68, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DECLARING ITS INTENTION TO GRANT TO SOUTHERN CALIFORNIA GAS COMPANY A FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER, ALONG, ACROSS OR UPON CERTAIN PUBLIC STREETS, WAYS AND ALLEYS AND PLACES WITHIN SAID CITY. It was moved by Councilmember Straughan and seconded by Councilmember Beaulieu that said Resolution No. 84 -68 be adopted, which motion -3- carried by the following roll call vote: AYES: Councilmembers Straughan, Beaulieu, Harper, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. 10.B. Discharge of Firearms The City Manager presented his report dated February 15, 1984, attached to which was a proposed ordinance regulating the discharge of firearms within City limits, and a memorandum from Lt. Wells regarding the subject matter. By general consent the report was received and filed, and the following persons addressed Council in opposition to the ordinance as written: E. R. Peters, 7155 Walnut Canyon Road, Moorpark Dr. Tom Klocker, 6086 Gabbert Road, Moorpark Bill LaPerch, 7200 Walnut Canyon Road, Moorpark H. A. Sessler, 6061 Gabbert Road, Moorpark Lowell Withington, 368 Cornett, Moorpark James A. Hartley, 5950 Gabbert Road, Moorpark Anna Bell Sessler, 6061 Gabbert Road, Moorpark There was considerable discussion participated in by members of the Council, Lt. Wells and the City Attorney, after which it was moved by Councilmember Harper and seconded by Councilmember Straughan that the City Attorney be instructed to present the proposed ordinance, which motion failed to carry 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 Beaulieu that a committee be appointed to study the subject matter and make a recommendation to the Council regarding the feasibility of establishing a zone where absolutely no discharge of firearms would be permitted, and a zone where discharge of firearms would be allowed by permit, with each member of the Council to appoint a representative, and the Sheriff's Department to also be involved. Said motion was seconded by Councilmember Prieto. Councilmember Straughan suggested that a member of the National Rifleman's Association serve on the committee, and Lt. Wells recom- mended that the representative from the Sheriff's Department serve on an advisory, non - voting basis. With the consent of the second, Councilmember Beaulieu amended his motion to include the above two suggestions, and the amendment was approved unanimously. The main motion was then approved by the following roll call vote: AYES: Councilmembers Beaulieu, Prieto, Harper, Straughan and Mayor Yancy- Sutton; NOES: None; ABSENT: None. -4- RECESS The Mayor declared a recess, the time being 8:40 p.m. The meeting was reconvened at 9:00 p.m., all members of the Council being present. 10.C. Area Housing Authority The City Manager presented his report dated February 15, 1984, to which was attached the resolutions necessary to adopt if the decision of the City Council is to call a special election to seek voter authorization for the County Housing Authority to apply for funds to build affordable housing, and to consolidate said special election with the statewide June Primary Election, the alternative being to instruct the City Attorney to prepare an ordinance for presentation at a later date which would ratify the referendum election held in the unincorporated area of the County in June, 1982, prior to the City's incorporation. David Cunningham, of Case, Orr & Cunningham, 5450 Telegraph Road, Suite 101, Ventura, representing Area Housing Authority, and Bernice Unland, Executive Director of the Area Housing Authority, both addressed Council giving background information and answering questions posed by the members of the Council. It was moved by Councilmember Straughan that the matter go to special election in June, which motion lost for lack of a second. It was moved by Councilmember Harper and seconded by Councilmember Beaulieu that the City Attorney be directed to prepare an ordinance ratifying the 1982 referendum election and providing that the total number of housing units not exceed 3% of the total number of dwelling units within the City limits. There was discussion on the motion and it was moved by Council - member Beaulieu and seconded by Councilmember Prieto that the motion be amended to provide that the total number of housing units not exceed 20 of the total number of dwelling units within the City limits, which motion was carried by the following roll call vote: AYES: Councilmembers Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: Councilmembers Harper and Straughan; ABSENT: None. The main motion, as amended, was then passed by the following roll call vote: AYES: Councilmembers Harper, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: Councilmember Straughan; ABSENT: None. By general consent the City Attorney was instructed to present the ordinance at the Council Meeting of March 21, 1984. -5- 10.D. Resolution No. 84 -69 Approving Engineer's Report and Establishing "City of Moorpark Landscaping and Lighting Maintenance District No. AD -84 -1" (Griffin Homes - Moorpark Tract 2851 - PD -903). Mayor Yancy- Sutton stated that she would abstain from participation in the subject matter because of a possible conflict of interest, and she handed the gavel to Mayor pro tempore Prieto, who then presided. It was moved by Councilmember Straughan and seconded by Council - member Harper that Resolution No. 84 -69, as presented by the City Attorney, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22586 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE, DECLARING ITS INTENTION TO ORDER THE FORMATION OF THE "CITY OF MOORPARK LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. AD -84 -1" IN ACCORDANCE WITH SECTION 22587 OF SAID CODE, AND ORDERING THE FORMATION OF SAID DISTRICT IN ACCORDANCE WITH SECTION 22594 OF SAID CODE be adopted, which motion was carried by the following roll call vote: AYES: Councilmembers Straughan, Harper, Beaulieu and Mayor pro tempore Prieto; NOES: None; ABSENT: None; ABSTAIN: Mayor Yancy- Sutton. Mayor pro tempore Prieto then returned the gavel to Mayor Yancy- Sutton, who then presided over the meeting. RECESS The Mayor declared a recess, the time being 9:35 p.m. The meeting was reconvened at 9:45 p.m., all members of the Council being present. 10.E. Ordinance No. 12 re Warrant Signing 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 MOORPARK, RELATING TO PAYMENT OF CITY MONIES. It was moved by Councilmember Straughan and seconded by Council - member Harper that further reading of said ordinance be waived and that said Ordinance No. 12 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. 10.F. Ordinance No. 15 re 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, stating that the ordinance had been changed to include a pro- vision for the removal of the signs within 12 days after action is taken on a project, as directed at the Council Meeting of February 1, 1984, and stating that it was now ready for re- intro- duction. The following individuals addressed Council in opposition to the ordinance as presented: Glen Gessford, Carlsberg Development Company Phil Vein, U. S. Condominium Corporation There was discussion concerning adding a provision to exempt erection of the sign on parcels of one -half acre or less, as suggested by Councilmember Beaulieu, such exemption to be at the discretion of the Director of Community Development. By general consent the matter was continued until later in the meeting to allow the City Attorney sufficient opportunity to prepare such an amendment to the ordinance so that it could be re- introduced at this meeting. 10.J. Review of Conceptual City Hall Plans By general consent the subject matter was considered at this time. Councilmember Harper suggested that a door be added in the west wall of the conceptual design under consideration; also that a cement patio with a tree well be added on the south. It was moved by Councilmember Harper, and seconded by Councilmember Prieto that the conceptual design be approved , but not the interior, as presented, which motion was carried unanimously, with Council - member Beaulieu making the comment that he was opposed because he felt the City Hall would be too small. 10.F. Ordinance No. 15 re Noticina of Plannina Protects By general consent this matter was again considered, and the City Attorney presented and read 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 -7- and he read the ordinance with the amendment as approved previously at this meeting. It was moved by Councilmember Beaulieu, seconded by Councilmember Harper and unanimously carried that said Ordinance No. 15 be reintrduced. 10.G. Authorization for Planning Commissioners to Attend League of California Cities Planning Institute The City Manager presented his report dated February 15, 1984, regarding approval of expenditures for attendance by three members of the Planning Commission at a League of California Cities Planning Institute to be held in San Diego the later part of the month, and suggesting approval of a travel policy as outlined therein. It was moved by Councilmember Straughan and seconded by Council - member Harper that attendance at said League of California Cities Planning Commissioners Institute, to be held in San Diego the later part of the month, be approved for three members of the Planning Commission, with reasonable and necessary expenses approved, and that the travel policy be approved as recommended by the City Manager, which motion carried by the following roll call vote: AYES: Councilmembers Straughan, Harper, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. 10.H. Approval of Warrants It was moved by Councilmember Harper and seconded by Councilmember Straughan that demands totaling $4,619.43, as approved by the City Manager, be approved, and that warrants be drawn for each of the following, to wit: DEMAND NO. CLAIMANT AMOUNT 192 Whitaker Hardware, Inc. $ 7.15 193 Bright Spot Maintenance 190.00 194 More Copy Systems 316.94 195 Eastman, Inc. 201.31 196 Pacific Bell 206.71 197 The Enterprise 28.50 198 City of Ventura 45.00 199 International Business Machines, Inc. 845.88 200 Alan Camerano 28.52 201 Tri- County Dictating Systems 30.45 202 Mark Barrera 80.00 203 John C. Gedney 250.00 204 Mary Jo Rasey 358.33 205 Niall Fritz 1,292.34 206 Doris D. Bankus 738.30 TOTAL :E:1a $4,619.43 Motion carried by the following roll call vote: AYES: Councilmember.s Harper, Straughan, Beaulieu, Prieto and Mayor Yancy - Sutton; NOES; None; ABSENT: None. 10.I. Discussion of an Ordinance Regulating Commercial Truck Traffic on Residential Streets Scott Field, Attorney at Law, from the office of the City Attorney, presented his report dated February 8, 1984 in which he cited a number of approaches which could be taken to the prepara- tion of a proposed ordinance regulating commercial truck traffic on residential streets in the City. There was discussion con- cerning the re- designation of Highway #118 through Moorpark, and the matter was continued by general consent for determination at a later date, and the City Manager was instructed to obtain from Caltrans a report on the estimated time -frame of such re- designation of Highway #118 through Moorpark. 10.J. Review of Conceptual Citv Hall Plans Continued earlier in the meeting. 10.K. Discussion re Obtaining a Financial Consultant The City Manager reported that he had meeting scheduled for the following week relative to obtaining information concerning costs and services provided by financial consultants, and that he would report back at a later date. EXECUTIVE SESSION The City Attorney announced that there were two matters of potential litigation which he wished to discuss with the Council. RECESS The Mayor then declared a recess, the time being 10:45 p.m. The meeting reconvened at 11:00 p.m., with all members of the Council being present, and Council immediately adjourned to an executive session. EXECUTIVE SESSION The Council reconvened at 11:40 p.m., all members of the Council being present. The City Attorney announced that two matters of potential litiga- tion were discussed during said executive session. Q'19 11 . FUTURE AGENDA ITEMS None. 12. ADJOURNMENT There being no further business to come before the Council, it was moved by Councilmember Straughan, seconded by Councilmember Harper and unanimously carried that the meeting be adjourned, the time being 11 : 42 p.m. • Respectfully submitted, A( / 042 Apdp . DORIS D. BANKUS, City Clerk APPROVED: / ez•-, AIWA' •-yo • -10-