Loading...
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. -1- 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. -2- 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: -3- 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. -4- 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. 0611 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 -7- 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