HomeMy WebLinkAboutMIN 1984 0516 CC REGMay 16, 1984
Moorpark, California
The regular meeting of the City Council of the City of Moorpark,
California, was held on May 16, 1984, in the Council Chambers in
the City Hall of said City, located at 799 Moorpark Avenue, Moorpark,
California.
1. CALL I'O ORDER
The meeting was called to order at 7:07 p.m., Mayor Leta Yancy-
Sutton presiding.
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Roger Beaulieu.
3. ROLL CALL
PRESENT: Councilmembers Roger
Albert Prieto, Jerry
Leta Yancy- Sutton;
ABSENT: None.
Beaulieu, Clinton D. Harper,
Straughan and Mayor
OTHER CITY OFFICIALS AND EMPLOYEES PRESENT:
Marshall W. Julian, City Manager; Niall Fritz, Director of
Community Development; Mark C. Allen, Jr., City Attorney;
Lt. Arve Wells, County Sheriff's Department; and
Doris D. Bankus, City Clerk.
4. APPROVAL OF MINUTES
Moved by Councilmember Harper, seconded by Councilmember Straughan
and unanimously carried that the minutes of April 18, 1984, be
approved as recorded.
5. PROCLAMATIONS(SPECIAL PRESENTATIONS
The Honorable James R. Dougherty, Supervisor, District 4, County
of Ventura, addressed Council, officially turning over to the City
the Community Center Building and Grounds, as well as Quimby Fund
money which had been collected by the County for the development
of parks in the City, and stating that this was a symbolic "good -by"
from the County departments and hoping that the County had helped
the City since incorporation by providing services.
The Mayor responded on behalf of the City Council and the City of
Moorpark and its citizens, accepting the check and expressing
appreciation for all the assistance given by Supervisor Dougherty
and the County; and reaffirming agreement that the Community
Center Building would remain in use as a center for the citizens
of Moorpark.
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6. COMMENTS FROM THE PUBLIC
None.
7. HEARINGS
7.A. Southern California Edison Company - Application for
Franchise (continued from May 2, 1984)
By general consent the matter was continued to the reqular
meeting of June 6, 1984.
7.B. Southern California Gas Company - Application for
Franchise (continued from May 2, 1984)
By general consent the matter was continued to the regular
meeting of June 20, 1984.
7.C. State Highway #118 - Proposal to change route through
the City of Moorpark from High Street and Moorpark
Avenue to Moorpark Road and Los Angeles Avenue
The City Manager presented an overview of the subject matter,
and the City Clerk presented affidavits as follows:
1. Affidavit of posting notice of this hearing at the
3 public places within the City, as designated by
Resolution No. 83 -11, adopted 7 -2 -83.
2. Affidavit of publication of Notice of this hearing
in the Moorpark News on May 10, 1984.
Documents received and filed by general consent.
The public hearing was declared open and the following person
addressed Council in opposition to the proposed change of
route:
Wanye A. Guthmiller, 516 N. Moorpark Road #114, Moorpark.
There being no further testimony, the Mayor declared the hearing
closed, and by general consent the hearing was continued to
June 20, 1984, and the matter referred to the Planning Commission
for public hearing to be held at its meeting of June 12, 1984,
with the request that the Planning Commission make a recommenda-
tion to the City Council regarding said matter for the continued
public hearing of June 20, 1984.
7.D. Moorpark Lighting Maintenance District AD -84 -2
Formation of District and Levying of Assessment
The City Clerk presented the following affidavits:
1. Affidavit of posting of Resolution No. 84 -75,
adopted by the City Council March 21, 1984
at the 3 public places within the City, as
designated by Resolution No. 83 -11, adopted
7 -2 -83.
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2. Proof of publication of notice of this
hearing in The Moorp,�rk News on April 11
and April 18, 1984.
3. Affidavit of mailing notice of this hearing
to owner of each parcel of reel property in
the City of Moorpark as shown on the last
equalized assessment roll, said notices having
been mailed on April 18, 1984.
Moved by Councilmember Harper, seconded by Councilmember Beaulieu
and unanimously carried to receive and file the above referenced
documents.
Ray Holzer, of the County Public Works Agency, presented and
outlined the Engineer's Report regarding the proposed Assess -
ment District No. AD -84 -2, dated March 14, 1984.
The City Clerk reported that no written protests had been received
concerning said matter, and the following individual addressed
Council in opposition to the manner in which the assessment was
proposed to be levied:
James Hartley, 5950 Gabbert Road, Moorpark
There being no further testimony, the hearing was declared closed.
Moved by Councilmember Straughan and seconded by Councilmember
Harper that Resolution No. 84 -88, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK ORDERING THE FORMATION OF " MOORPARK
LIGHTING MAINTENANCE DISTRICT AD -84 -2" AND CON-
FIRMING THE ASSESSMENT
be adopted, which motion carried by the following roll call vote:
AYES: Councilmembers Straughan, Harper, Beaulieu
and Prieto;
NOES: Mayor Yancy- Sutton;
ABSENT: None.
7.E. Cable TV Franchise - Application of Urban West Communities
for private cable TV system in Planned Community of
Mountain Meadows
The City Clerk presented the following documents, which were ordered
received and filed by general consent:
1. Affidavit of posting of notice of this hearing
at the 3 public places within the City, as
designated by Resolution No. 83 -11, adopted 7 -2 -83.
2. Proof of Publication of notice of this hearing in
The Moorpark News on May 2, 1984.
There was discussion between the City Attorney and members of the
City Council concerning the contents of the proposed franchise
document, after which the hearing was declared open and the following
person addressed the Council in support of the application:
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Tom Lanic, of Urban West Co,nmunities
,)030 S. Bundy, Los Angeles, Calif( -nia
After some discussion the Mayor declared a recess, the time
being 8:15 p.m.
The meeting reconvened at 8:30 p.m., all members of the Council
being present.
The Council was then addressed by the following persons:
Richard Sklar, of Entertainment Express,
45 Belden Place, San Francisco, Cl-ilifornia
who would be operating the franchised cable company.
Mr. Zanic again addressed Council, making an offer of a one - time -only
payment of an annual fee during the current fiscal year of $5,000,
to be applied to the 3% payment which will be owing to the City
over a period of time, which he anticipated would take approximately
2� years.
Bill Mitchell, 6440 N. Berkeley, Moorpark, addressed
Council in opposition to the subject franchise,
and urging that the City remain under one franchise.
There being no further testimony, the hearing was declared closed.
After considerable discussion, it was moved by Councilmember Harper
and seconded by Councilmember Straughan that the proposed franchise
document under consideration be modified to include the provision
for the $5,000 pre - payment as offered by the applicant; that the
operator and any successive operator under the franchise will agree
to extend cable services to existing wired portions of the City
at the future discretion of the City Council, and that the basic
services in the remaining wired portions of the City will be
equal to and at the same rate as that offered in PC -3, and that
these modifications be incorporated in a revised draft and sub-
mitted to the City Attorney and the City Staff for report and
recommendation at a future meeting.
Councilmember Beaulieu pointed out that there are some portions
of the City which have not as yet been wired by Storer Cable TV,
the current franchise holder in the City, and stated that he
would like the new franchise to address this problem.
It was then moved by Councilmember Harper and seconded by Council-
member Straughan that the main motion be amended to provide that
the revised franchise document whould also address the problem
of the portions of the City that were intended for and have not
been wired by Storer Cable TV, said revised document to provide
for wiring the remainder of the City if they are the successor
in the remainder of the City.
The motion on the amendment was carried unanimously.
The main motion, as amended, was then approved unanimously.
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RECESS
The Mayor declared a recess, the time being 10:00 p.m.
The meeting reconvened at 10:10 p.m., all members of the Council
being present.
8. COMMENTS FROM COUNCILMEMBERS
8.A. Councilmember Beaulieu requested that Staff be directed
to work with the Parks and Recreation Commission to establish
summer programs for the community.
Councilmenber Beaulieu requested that the latest information
regarding cable franc}iises be obtained from the League of California
Cities.
8.B. Councilmember Straughan reported attendance at a recent
meeting of the Flood Zone #3 Advisory body, stating that at the
meeting he had learned that there are only 2 emergency projects
remaining in the Flood Zone #3 Area, one of which is in Moorpark
and one in Simi, and that the one in Moorpark covers Moorpark Road
to Maureen Lane, and is estimated to cost approximately $1,500,000.
Requested Staff to direct a communication to Federal Legislators
from our districts in support of the program as it pertains to
Moorpark. He stated that FEMA Funds will be available and the flood
control work will be done pursuant to Federal law, and that after
the work is done in accordance with Federal guidelines, the property
owners will be eligible for Federally funded flood control insurance.
HIGHWAY 118 IMPROVEMENT ASSOCIATION
Councilmember Straughan placed before Council the matter of the Mayor
purportedly having sent out invitations on City letterhead to a
meeting of the newly formed Highway 118 Improvement Association,
stating that his review of the proposed by -laws would indicate
that it is to be a quasi - advisory body, and that he believed a
policy decision should be made by Council regarding the City's
participation.
Mayor Yancy- Sutton took exception to Councilmember Straughan's
remarks, stating that she had been requested by Assemblyman
McClintock to serve as temporary Chair of this newly formed
organization, and to issue invitations to anyone who might be
interested in being involved. She stated that in no way did
she involve the City, having used her own letterhead and envelopes,
and having prepared the notice and paid for the postage herself.
She stated, further, that had she known it would have created a
problem she would have presented the matter to Council prior to
sending out the notice.
Councilmember Harper stated that in his opinion it would be proper
for Council to approve of the Mayor's participation in this matter,
and to request that she keep Council informed of progress, and,
further, that any policy decisions be presented to Council.
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After discussion it was mover', by Councilmember Harper
seconded by Cc:-,incilmember Straughan that the City Counci
recognizes the participation of the Mayor on the Highwa',, #118
Improvement Association; that the City Council be kept informed
of the developrients regarding the matter; and that the %',Iyor
be requested to obtain City Council concurrence on any major
policy decisions voted on by the Association.
Councilmember Beaulieu stated that he did not agree with the
motion and would abstain. He stated he would like to have Staff
research how such matters are handled in other cities, :lnd to
make a recommendation on procedure.
The Mayor stated that she also would abstain from voting on the
motion; that she was serving only as temporary Chair at the
request of Assemblyman McClintock.
Councilmember Prieto stated that he also would abstain from
voting on the motion.
On roll call the motion failed by the following vote:
AYES: Councilmembers Harper and Straughan;
NOES: None;
ABSENT: None;
ABSTAIN: Councilmembers Beaulieu, Prieto and
Mayor Yancy- Sutton.
During discussion on the matter Jim Hartley, 5950 Gabbert Road,
Moorpark, addressed Council stating that he is a member of that
task force (Association), and also a member of the Planning
Commission; that he hoped to feel comfortable to bring information
to the Planning Commission regarding the improvement of Highway
#118, and that if Council had any concerns about his service on
the task force he would like to be informed.
9. CONSENT CALENDAR
By general consent Item C was excluded from consideration on the
Consent Calendar.
It was moved by Councilmember Harper and seconded by Councilmember
Beaulieu that Items A, B, D, E, and F of the Consent Calendar
be approved as recommended, which motion carried by the following
roll call vote:
AYES: Councilmembers Harper, Beaulieu, Prieto,
Straughan and Mayor Yancy- Sutton;
NOES: None;
ABSENT: None.
9.A. Raised Median Dividers on Los Angeles Avenue
Staff directed to seek Caltrans approval for the future installation
and landscaping of raised median dividers within Los Angeles Avenue.
0M.
9.B. Notice of Bearing from Simi Valley r: 'hange ir:
Biis Service (information only) _
Received and filed.
9.D. Approval of Warrants
Warrant Register dated May 16, 1984, listing demands Nos. 295
through 312, in the total amount of $6,754.11, as approved by
the City Manager and on file in the office of the City Clerk,
be approved and the City Manager be authorized to issiie warrants
therefor.
9.E. SB 821 - Sidewalk Improvement - Moorpark Avenue Fands
Approved
Receive and file report of Citizens Transportation Advisory
Committee regarding approval of application for SB 821 funds
for sidewalk construction on east and west sides of Moorpark
Avenue and High Street to Third Street, in amount of $95,000
Gasoline Tax Funds.
9.F. Legislation - -SB 1660
Council opposed SB 1660 and Staff directed to convey the City's
position to the Legislative representatives and the League of
California Cities.
9.C. Permit Forms for City -Owned Facilities
After discussion regarding the use of Security at functions, it
was moved by Councilmember Beaulieu, seconded by Councilmember
Prieto and unanimously carried to approve forms entitled:
Group Reservation Permit
Permit - Amplified Sound
One Year Sales Permit
One Day Sales Permit
Alcohol Sales Permit
Alcohol Use Permit
for use in the operation of City -owned facilities.
10. REPORTS FROM STAFF
The Mayor stated that because of a possible conflict of interest she
would abstain from participating in the next matter, and handed the
gavel to Mayor Pro Tem Prieto, who then presided over the meeting.
10.A. Proposal of Griffin Development re Planning Staff
Assistance
Pursuant to Council instructions at its meeting of May 2, 1984
the City Attorney presented a resolution for consideration which
provided for special provisions under which planning and zoning
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procE�ssing may be expedited.
The Director of Community, Development discussed staffing of
the Planning Department, stating t.at it would be his recommenda-
tion that after July 1st, the County would continue processing
those projects currently under process, and that any new filings
would be handled by City Staff. He explained the concerns of
Griffin Development Company regarding projects currently in
process or which would shortly be ready for processing.
Elaine Freeman, representing Griffin Homes, 19436 Ventura Boulevard,
Tarzana, addressed Council in support of their offer to fund
additional planning personnel services.
After discussion it was moved by 12ouncilmember Harper, seconded
by Councilmember Beaulieu and unanimously carried that the City
Council thanks Griffin homes for their offer, and graciously
declines the offer; and that City Staff be directed to work with
the City Attorney in the preparation of a resolution for presenta-
tion at the next meeting.
Moved by Councilmember Harper, seconded by Councilmember Straughan
and unanimously carried that Staff be directed to prepare a job
announcement for Associate Planner, with appropriate salary
range, and to advertise for applicants for the position without
delay.
Mayor Pro Tem. then handed the gavel back to the Mayor, who then
presided over the meeting.
10.B. Downtown Business Improvement District
Moved by Councilmember Harper, seconded by Councilmember Prieto
and unanimously carried to receive and file the report of the
Director of Community Development, dated May 10, 1984, and that
Staff be directed to continue working with the Chamber of Commerce
for the purpose of soliciting public input on the idea and the
boundaries for a possible redevelopment agency in the downtown
area.
11. ORDINANCES /RESOLUTIONS
ll.A. Resolution No. 84 -89 Grantinq Vendinq Machine License
Moved by Councilmember Straughan and seconded by Councilmember
Beaulieu that Resolution No. 84 -89, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, GRANTING A LICENSE TO COLE
VENDING COMPANY TO OPERATE A CANNED DRINK MACHINE
ON CITY PROPERTY
be adopted, which motion carried by the following roll call vote:
AYES: Councilmembers Straughan, Beaulieu, Prieto
and Mayor Yancy- Sutton;
NOES: None;
ABSENT: None;
ABSTAIN: Councilmember Harper.
Councilmember Harper requested that the record reflect that he
abstained because of a possible conflict of interest.
ll.B. Resolution No. 84 -90 Accepting Easement Deed from Roman
Catholic Archbishop of Los Anqeles, re Moorpark Road
Moved by Councilmember Straughan, and seconded by Councilmember
Prieto that Resolution No. 84 -90, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, ACCEPTING EASEMENT DEED FROM
THE ROMAN CATHOLIC ARCHBISHOP OF LOS ANGELES, A
CORPORATION SOLE, RE MOORPARK ROAD, WITHIN SAID CITY
be adopted, which motion carried by the following roll call vote:
AYES: Councilmembers Straughan, Prieto, Beaulieu,
Harper and Mayor Yancy- Sutton;
NOES: None;
ABSENT: None.
ll.C. Resolution No. 84 -91 Accepting Easement Deed from
Simi - Moorpark Freeway Properties, re Peach Hill Road
Moved by Councilmember Straughan, seconded by Councilmember Beaulieu
that Resolution No. 84 -91, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, ACCEPTING EASEMENT DEED FROM
SIMI- MOORPARK FREEWAY PROPERTIES, A LIMITED PARTNER-
SHIP, RE PEACH HILL ROAD, WITHIN SAID CITY
be adopted, which motion carried by the following roll call vote:
AYES: Councilmembers Straughan, Beaulieu, Harper,
Prieto and Mayor Yancy- Sutton;
NOES: NONE:
ABSENT: None.
11.D. Resolution No. 84 -92 Accepting Easement Deed from
Griffin Homes re Landscaping and Lighting Maintenance
District AD -84 -1
Mayor Yancy- Sutton announced she would abstain because of a possible
conflict of interest and handed the gavel to Mayor Pro Tem Prieto
who presided over the meeting.
Moved by Councilmember Straughan and seconded by Councilmember
Harper that Resolution No. 84 -92, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, ACCPETING CORPORATION
EASEMENT DEED FROM GRIFFIN HOMES RE TRACT 2851 ,
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT
AD-84-1 , WITHIN SAID CITY .
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.
11 .E. Resolution Extending Certain Land Use Entitlements
Moved by Councilmember Straughan and seconded by Councilmember
Prieto that Resolution No. 84-93 , entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, EXTENDING CERTAIN LAND
USE ENTITLEMENTS
be adopted, which motion carried by the following roll call vote:
AYES: Councilmembers Straughan, Prieto, Harper,
and Prieto;
NOES: Mayor Yancy-Sutton;
ABSENT: None.
12. FUTURE AGENDA ITEMS
Both Councilmember Beaulieu and Councilmember Harper urged that
consideration be given to revising the Mobilehome Rent Control
Review Ordinance.
13. ADJOURNMENT
There being no further business to come before the Council at this
meeting, it was adjourned to May 23 , 1984 , 7 : 00 p.m. , for a joint
meeting with the Recreation and Parks Commission, the time being
11: 45 p.m.
Respectfully submitted,
City Clerk
APPROVED:
Mayor