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HomeMy WebLinkAboutMIN 1984 0404 CC REGMoorpark, California April 4, 1984 The regular meeting of the City Council of the City of Moorpark, California, was held on April 4, 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 Jerry Straughan. 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: Marshall W. Julian, City Manager; Niall Fritz, 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 Beaulieu and unanimously carried that the minutes of the regular meeting of March 21, 1984, be approved as recorded. 5. PUBLIC COMMENT Judith Lanahan, 4641 Pepper Mill Street, Moorpark, addressed Council to voice concern regarding noise and dust nuisance created by dirt bikes in the afternoons, evenings and on week -ends in the vicinity of her home at the above address, which is in the Buttercreek development. Lt. Wells, of the County Sheriff's Department, responded to her statements and was directed by Council to take the necessary steps to alleviate the problem. Bob Crockford, 7189 Walnut Canyon Road, Moorpark, addressed Council expressing concern that measures be taken to insure that the growth of the City does not expand beyond its capability to provide necessary services, such as schools, sewers, traffic control, etc. Members of the City Council, as well as the Director of Community Development, addressed his concerns. -1- Jerry Goldstein, 11932 Los Angeles Avenue, Moorpark, addressed Council to register a complaint regarding traffic citations. He was referred to Lt. Wells. 6. COMMENDATIONS /PROCLAMATIONS Mayor Yancy- Sutton proclaimed the week of April 21 to 27, 1984 as LIFE INSURANCE WEEK. Mayor Yancy- Sutton proclaimed the week of April 2 to 8, 1984 as CANCER AWARENESS WEEK. 7. HEARINGS 7.A. Southern California Edison Company - Application for Franchise (continued from March 21, 1984) By general consent the matter was continued to the Council Meeting of April 18, 1984. 7.B. Southern California Gas Company - Application for Franchise (continued from March 21, 1984) By general consent the matter was continued to the Council Meeting of April 18, 1984. 7.C. Resolution of the City Council of the City of Moorpark Finding and Declaring Private Roads in the Villa del Arroyo Mobilehome Park Subject to the California Vehicle Code. The City Clerk announced that pursuant to the provisions of Section 21107.7 of the Vehicle Code of the State of California, notice of this hearing had been mailed to the following individuals: Dale A. Williams, owner of Villa Del Arroyo Mobilehome Park, 15750 Los Angeles;Avenue, Moorpark; Robert H. Wedell, Resident Manager of Villa Del Arroyo Mobilehome Park, 15750 Los Angeles Avenue, Moorpark; Dean Newman, President, Villa Del Arroyo Homeowners Association, 15750 Los Angeles Avenue, Moorpark; Jim Joffe, Leasco Specialty Services, Inc., 1977 N. Garey Ave. Suite 6, Pomona, California 91767. The City Clerk also presented for filing the original requests which had been received by the City regarding the subject matter as follows: Jim Joffe, Property Manager, Leasco Specialty Services,Inc. dated June 9, 1983; Robert H. Wedell, Resident Manager, Villa Del Arroyo Mobilehome Park, dated February 15, 1984; Dean H. Newman, President, Villa Del Arroyo Homeowners Association, dated February 16, 1984 -2- Also presented for filing was the report of Lt. Wells, of the County Sheriff's Department regarding the matter. The Mayor then declared the hearing opened and the following persons addressed Council regarding the matter: Bob Wedell, Resident Manager of the Mobilehome Park, 15750 Los Angeles Avenue, Moorpark; Charles Sciame, Vice - President of Homeowners Association, 15750 Los Angeles Avenue, Moorpark; both in support of the recommendation to approve the application. There being no further testimony to be heard at this time, the hearing was declared closed. It was moved by Councilmember Beaulieu and seconded by Council - member Harper that Resolution No. 84 -80, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK FINDING AND DECLARING PRIVATE ROADS IN THE VILLA DEL ARROYO MOBILEHOME PARK SUBJECT TO THE CALIFORNIA VEHICLE CODE be adopted, which motion was carried by the following roll call vote: AYES: Councilmembers Beaulieu, Harper, Prieto, Straughan and Mayor Yancy- Sutton; NOES: None; ABSENT: None. 8. REPORTS OF COUNCILMEMBERS A. Councilmember Harper stated that he had participated in a meeting at Moorpark College regarding the traffic problem on Highway 118. Present at said meeting, besides himself, were Stan Bauer, of Moorpark College; Ed Ball, of Cabot, Cabot & Forbes; David Roper, Deputy District Director of Caltrans; Robert Warren, Traffic Engineer in attendance at request of Mr. Ball; Niall Fritz, Director of Community Development. He stated that Mr. Roper,_(Caltrans) was most cooperative and that it was agreed that staff would draft a letter to Caltrans requesting that a study be undertaken regarding the mechanism and feasibility of installing a three -way entrance into the parking lot of the industrial park, to cross the Caltrans right -of -way and intersect with Hiqhway 118.. Also considered was the possibility of staggering class hours at the college, as well as working hours in the industrial park. Next meeting to be April 25. -3- 8.B. Councilmember Prieto reported that he had attended a meeting of the Tierra Rejada Task Force on March 29 to review a feasibility study. Due to lack of a quorum the meeting had been recheduled. He will report back. 8.C. Councilmember Beaulieu had nothing to report at this time. 8.D. Councilmember Straughan stated that he had attended the meeting of the Waterworks District #1 held for the purpose of discussing the possible operation of the District by the City, and had observed that few citizens of the City were present at the meeting. He requested that Council solicit input from the citizens of Moorpark. 8.E. Mayor Yancy- Sutton inquired of staff whether or not the City had received anything from Southern California Association of Governments (SCAG) regarding the transporting of oil by train from Santa Barbara to Long Beach. The Director of Community Development stated that he had requested and received a copy of the Santa Barbara Oil Transportation Plan. The Mayor requested that the matter_ be placed on the agenda for the next meeting and copies of the Plan furnished to Council. Mayor Yancy- Sutton then announced that Bob Crockford had resigned from the Countywide Planning Program Advisory Committee, and recommended that his resignation be accepted with regret. The Mayor then stated that with Council's approval she would appoint John Newton, 4612 Pepper Mill, Moorpark, to fill the vacancy thus created. Councilmember Harper stated that before voting for confirmation, he would like the opportunity of questioning Mr. Newton, and inasmuch as Mr. Newton was in attendance, proceeded to do so. Councilmember Straughan then stated that Everett Braun had asked him to convey to the Council that he also, was submitting his resignation from said Committee, and Councilmember Straughan then recommended the appointment of Cynthia Todd, 4240 Telecote, Moorpark, to fill the vacancy thus created. Mayor Yancy- Sutton stated that in her opinion it was not proper to act on Mr. Braun's resignation without something from him in writing. Councilmember Straughan asked that the Council be polled to determine if it was the desire to act on both matters at this time. There was no objection and the appointment of John Newton was confirmed by unanimous consent. -4- The Mayor then declared a recess, the time being 7:55 p.m. The meeting was reconvened at 8:10 p.m., all members of the Council being present. Councilmember Straughan requested a ruling on whether or not there is a proper form for the submission of a resignation by a volunteer or an alternate to a committee or organization. The City Attorney stated that he would have to examine the rules of the organization referred to, but that it is in order for the Mayor to request a written resignation before action is taken, and that it would require a 2/3 vote of the Council to over -turn her ruling. It was then moved by Councilmember Straughan and seconded by Councilmember Harper that the Mayor's ruling regarding a written resignation from Dr. Braun be over - turned, which motion was carried by the following roll call vote: AYES: Councilmembers Straughan, Harper, Beaulieu and Prieto; NOES: Mayor Yancy- Sutton; ABSENT: None. It was then moved by Councilmember Straughan and seconded by Councilmember Harper that Cynthia Todd, 4240 Telecote, Moorpark, be appointed to the Countywide Planning Program Advisory Committee to fill the vacancy created by the resignation of Dr. Everett Braun. After discussion the motion was withdrawn by Councilmember Straughan with the consent of the second, and it was moved by Councilmember Straughan and seconded by Councilmember Harper that the resignation of Dr. Everett Braun from said Committee be accepted with regrets, which motion was carried by the following roll call vote: AYES: Councilmembers Straughan, Harper, Beaulieu and Prieto; NOES: None; ABSENT: None; ABSTAIN: Mayor Yancy - Sutton. It was then moved by Councilmember Straughai, seconded by Council - member Harper and unanimously carried to appoint Cynthia Todd to fill the vacancy created by the resignation of Dr. Braun from said Committee. During the foregoing discussion Councilmember Harper suggested that the Council Rules of Procedure be amended to include a provision that resignations from Council - appointed positions on committees, commissions or advisory boards, be in writing and be submitted to the City Clerk, who will then forward such resignation to the members of the City Council. -5- 9. REPORTS OF STAFF 9.A. Controlling Future Development in Unincorporated Areas Around the City (continued from 3- 21 -84) After a brief discussion regarding the subject matter, it was moved by Councilmember Harper, seconded by Councilmember Beaulieu and unanimously carried that the Mayor be authorized to forward a letter to the Board of Supervisors expressing support for an amendment to the County Grading Ordinance to allow for greater review and conditioning of grading permits, and that all cities in the County be provided an opportunity to review the proposed revisions and provide input to the amendment Process. During the discussion Gerry Goldstein, of 11932 Los Angeles Avenue addressed Council briefly concerning the subject matter. 9.B. Pacifica - Notice to Buyers and Hold Harmless Agreement re Earthauake Fault The City Attorney presented proposed "Hold Harmless Agreement" and "Notice to Buyers" re earthquake fault, which had been submitted by Pacific Corporation as a requirement of PD -851, stating that he had reviewed the instruments and had made some changes, and submitting said documents to Council for approval. There was discussion regarding verification of the lots listed in the documents as being within 200 of the earthquake fault; also discussion concerning some language contained in the Notice to Buyers. Stan Cohen, Attorney at Law, of Cohen, England and Whitfield, 500 Esplanade Drive, Oxnard, addressed Council, responding to questions by Council and urging approval of the documents. In response to concern expressed by Councilmembers regarding the lots listed in the documents, he introduced Rudy N. Pacal, President of Gorian & Associates, 766 Lakefield Road, Suite A, Westlake Village, 91361, licensed civil engineer, who had determined the lots to be listed in the documents. Mr. Pacal testified as to the accuracy of the lots so listed. After discussion it was moved by Councilmember Harper, seconded by Councilmember Straughan and unanimously carried to approve the form of the Hold Harmless Agreement and authorize the Mayor and City Clerk to execute same on behalf of the City, such approval to be subject to verification by the Director of Community Development of the lots described in the document as being within 200 feet of the Santa Rosa Earthquake Fault. It was then moved by Councilmember Harper to insert the word "some" in the first line of the Notice to Buyers re Earthquake Fault, before the word "geological ". Mr. Cohen, representing Pacifica Corporation, objected to the addition of the word. Councilmember Harper then amended his motion to change his proposed addition of the word "some" to read "several ". Mr. Cohen again objected and, there being no second to either the main motion or the amended motion, Councilmember Harper withdrew same. It was then moved by Councilmember Beaulieu, seconded by Council - member Prieto and unanimously carried to approve the form of the Notice to Buyers, subject to verification by the Director of Community Development of the lots list in said document, the form of the Notice to Buyers having been read into the record by the City Attorney. Jerry Goldstein, of 11932 Los Angeles Avenue, Moorpark, addressed Council, protesting to building on an earthquake fault. 9.C. Joint Meeting with Planninq Commission By unanimous consent the date of April 25, 1984, at 7:00 p.m. was agreed upon for a joint meeting with the Planning Commission. 9.D. City Participation in Special 1985 Census The City Manager presented a proposal from Richard Wittenberg, Chief Administrative Officer of the County of Ventura, regarding participation with the County in contracting with the State Depart- ment of Finance to conduct a 1985 Special Census. By general consent the matter was continued to the meeting of April 18, 1984 in order to provide the City Manager an opportunity to ascertain more information regarding the proposal. 10. CONSENT CALENDAR It was moved by Councilmember Straughan and seconded by Council - member Harper that the items on the Consent Calendar be approved as recommended, which motion carried by the following roll call vote: AYES: Councilmembers Straughan, Harper, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. 10.A. Claim of Stanley C. Schultz Claim rejected. 10.B. Policy re Acceptance of Subdivision Improvements Tracts Nos. 3096 -3 and 2723 Recommended action approved as follows: 1. That the street improvements within Tract No. 3096 -3 (Marlborough) be accepted, subject to the retention of a 10% -7- Improvement Guarantee Bond in the amount of $30,000, and a Performance and Payment Bond in the amount of $60,000 to guarantee the satisfactory removal of all fencing and other improvements associated with the model home complex. 2. That the Mayor and City Clerk be authorized to sign all three copies of the Agreement to Defer Construction of Subdivision Improvements in Tract No. TR- 3096 -3 (Marlborough) and that the City Clerk be directed to retain the bonds and the original agree- ment and send two copies of the agreement to the Real Property Services Department of the County Public Works Agency for trans- mittal to the developer and surety company. 3. That the developer of Tract No. TR -2723 be advised that the street improvements within said Tract cannot be accepted at this time due to the significant amount of construction which remains to be performed. 4. That it be declared to be the policy of the City of Moorpark not to accept streets and other public improvements in subdivisions in which construction, in the opinion of the Director of Community Development, have not been substantially completed. 10.C. Employee Benefits (continued from March 21, 1984) Recommended action approved as follows: That the Schedules of Employee Benefits for Management and General Employees, as revised 4 -4 -84, be adopted, that said benefits be extended to all full -time employees and elected officials, as appropriate, and that the City Manager be directed to make the necessary arrangements for said benefits with the City of Simi Valley. 10.D. Job Classiciations /Salary Ranges (continued from March 21, 1984) Recommended action approved as follows: 1. That the Class Specifications for Administrative Clerk and Clerk Typist /Receptionist, both dated March 1984, be adopted, is amended; 2. That the Salary Range for Administrative Clerk be approved as follows: $1,032 - 1,084 - 1,138 - 1,195 - 1,255; and that the Salary Range for Clerk Typist /Receptionist be approved as follows: $878 - 922 - 968 - 1,016 - 1,067. 10.E. Area Housing Authority - Reappointment of Virginia Hall Recommended action approved as follows: That the Area Housing Authority be advised that the City of Moorpark concurs in the re- appointment of Mrs. Virginia Hall as Tenant Com- missioner of the Area Housing Authority for a two -year term commencing April 1, 1984. 10.F. Travel Policy Recommended action approved as follows: That the operating procedure entitled "MEETING & CONFERENCE EXPENSE" and dated 4 -2 -84, be approved as the travel policy of the City. 10.G. League of California Cities Conference - Recreation and Parks Commissioners - April 25 - 27. 1984. Recommended action approved as follows: That not to exceed 3 members of the Recreation and Parks Commission be authorized to attend the League of California Cities Community Services Conference in the City of Orange, April 27 - 27, 1984. 10.H. Approval of Warrants Recommended action approved as follows: That demands totaling $6,359.77, as approved by the City Manager, be approved, and that warrants be drawn for each of the following, to wit: DEMAND NO. CLAIMANT AMOUNT 218 Burke, Williams & Sorensen $1,514.10 219 Channel Counties Division, League of California Cities 50.00 220 Doris Miller 75.00 221 Ventura County Sheriff's Department 226.45 222 Eastman, Inc. 55.12 223 Doris D. Bankus 7.37 224 League of California Cities 110.00 225 The Enterprise 15.30 226 County Printing & Office Supply 372.69 227 Leta Yancy- Sutton 100.00 228 Al Prieto 100.00 229 Roger Beaulieu 100.00 230 Clinton D. Harper 100.00 231 Jerry Straughan 100.00 232 James A. Hartley 25.00 233 Doris Miller 25.00 234 Suzanna Prieto 25.00 235 Jim Weak 25.00 236 Tom Schleve 25.00 237 Tom Baldwin 25.00 238 Irene Barrera 25.00 239 Danny Rasey 25.00 240 Carroll Roe 25.00 241 Margaret Sabine 25.00 242 Mary Jo Rasey 349.94 Continued next page DEMAND NO. CLAIMANT AMOUNT 243 Niall Fritz 1,292.34 244 Doris D. Bankus 738.30 245 City of Simi Valley 314.66 246 Niall Fritz 58.50 247 Professionally Speaking 30.00 248 John C. Gedney 250.00 249 V.C.A.G. 150.00 GRAND TOTAL $6,359.77 11. ORDINANCES ll.A. Ordinance No. 16 - Amendment to Municipal Code re exceptions to competitive bidding requirements (introduced 3- 21 -84) The City Attorney presented Ordinance No. 16, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK AMENDING SECTION 3.12.279 TO THE MUNICIPAL CODE, REGARDING EXCEPTIONS TO COMPETITIVE BIDDING REQUIREMENTS It was moved by Councilmember Harper and seconded by Councilmember Straughan to waive further reading of said ordinance, which motion carried by the following roll call vote: AYES: Councilmembers Harper, Straughan, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. It was moved b Straughan that adopted, which AYES: NOES: ABSENT: y Councilmember Ordinance No. motion carried Councilmembers Prieto and May None; None. Harper and seconded by Councilmember 16, entitled as above set forth, be by the following roll call vote: Harper, Straughan, Beaulieu, Dr Yancy- Sutton; 11.B. Ordinance No. 17 - Area Housing Authority (Introduced 3- 21 -84) The City Attorney presented Ordinance No. 17, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA FINDING THAT A MAJORITY OF THE QUALIFIED ELECTORS OF THE CITY OF MOORPARK HAVE AUTHORIZED THE AREA HOUSING AUTHORITY OF THE COUNTY OF VENTURA TO DEVELOP GOVERNMENT - ASSISTED HOUSING FOR LOW INCOME PERSONS IN THE CITY OF MOORPARK 041110 It was moved by Councilmember Harper and seconded by Council - member Straughan to waive further reading of said ordinance, which motion carried by the following roll call vote: AYES: Councilmembers Harper, Straughan, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. It was moved by Councilmember Harper and seconded by Council - member Straughan that Ordinance No. 17, 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. 11.C. Ordinance No. 18 - Public Employees' Retirement System (PERS) (Introduced 3- 21 -84) The City Attorney presented Ordinance No. 18, entitled: AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING A CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF MOORPARK AND THE BOARD OF ADMINIS- TRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM It was moved by Councilmember Straughan and seconded by Councilmember Harper to waive further reading of said ordinance, which motion carried by the following roll call vote: AYES: Councilmembers Straughan, Harper, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. It was moved by Councilmember Straughan and seconded by Council - member Harper that Ordinance No. 18, entitled as above set forth, be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Straughan, Harper, Beaulieu, Prieto and Mayor Yancy - Sutton; NOES: None; ABSENT: None. 12. SPECIAL PRESENTATION - Solar Energy Kenneth P. Mize, President of Sun Mizer Inc, of 705 Ventura Boulevard, Oxnard, California 93030 gave a lengthy presentation on solar energy, having distributed a paper entitled "Cost Effective Energy Require- ments on Residential Structures ". -11- 13. RUTURE AGENDA ITEMS None. 14. ADJOURNMENT There being no further business to come before the Council at this meeting, it was adjourned by general consent to April 11 , 1984 , at 7 : 30 p.m. , for a joint meeting with the City Council of the City of Simi Valley, to be held at the Simi Valley City Hall, located at 3200 Cochran Street, Simi Valley, California. Respectfully submitted, DORIS D. BANKUS, City Clerk APPROVED: Mayor -12-