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HomeMy WebLinkAboutMIN 1984 0606 CC REGJune 6, 1984 Moorpark, California The regular meeting of the City Council of the City of Moorpark, California was held on June 6, 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- Suttoh— ,presiding. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Jerry Straughan. 3. ROLL CALL: PRESENT: Councilmembers Clinton D..Harper, Albert Prieto, Jerry Straughan and Mayor Yancy- Sutton; ABSENT: Councilmember Roger Beaulieu (arrived at 7:15 p.m.). OTHER CITY OFFICIALS AND EMPLOYEES PRESENT: Marshall W. Julian, City Manager; Niall Fritz, Director of Community Development; Mark C. Allen, Jr., City Attorney; Cheryl Kane, Attorney at Law, Burke, Williams & Sorensen; Lt. 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 the adjourned regular meeting of April 25, 1984, which was a joint meeting with the Planning Commission, be approved as recorded. 5. PROCLAMATIONS /SPECIAL PRESENTATIONS 5.A. Slide Presentation re Substandard Structures in the Cit Tom Schleve, Member of the Planning Commission, gave a slide presen- tation depicting numerous Code violations and substandard structures in the City, and urging that Council consider a program of improve- ment in these areas. Councilmember Beaulieu arrived during the presentation, the time beinq 7:15 p.m. 5.B. Report re Establishment of City Property Maintenance and Zoning Review Compliance Authority The City Manager presented his report dated May 31, 1984, outlining its contents and his recommendation. After discussion it was moved by Councilmember Straughan, seconded by Councilmember Prieto and -1- unanimously carried that the memorandum from the City Manager, dated May 31, 1984, be referred to the Planning Commission, together with a request that the Commission review the concept of establishing a Property Maintenance and Zoning Review Commission and recommend a suggested course of action to the City Council. 6. COMMENTS FROM THE PUBLIC Bob Crockford, 7189 Walnut Canyon Road, Moorpark, representing the Committee for Managed Growth, addressed Council concerning the decision not to circulate an initiative petition to place a growth management ordinance on the November ballot, and requesting that Council and Planning Commission review the ordinance and consider adopting a modified version. He read a prepared statement and filed a copy with each member of the Council and with the City Clerk for filing. After discussion it was moved by Councilmember Harper, seconded by Councilmember Straughan and unanimously carried that Item 7.D. be added to the agenda for this meeting to discuss the establishment of annual residential development allotments. Mr. Harry Hunt, 270 Ruth Street, Moorpark, addressed Council in support of Code enforcement and cleanup of the City. 7. HEARINGS 7.A. Southern California Edison Company - Application for Franchise (continued from Mav 16, 1984) By general consent this matter was continued to the regular meeting of June 20, 1984. 7.B. 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 gave an overview of the proposed route change, and the City Clerk presented the following documents, which were ordered received and filed by general consent: 1. Affidavit of posting notice of accelerated 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 accelerated hearing in the Moorpark News on May 31, 19$4. The Mayor declared the hearing opened, and there being no public testimony, the hearing was declared closed. The City Attorney presented Resolution No. 84 -94, entitled: IM A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, REQUESTING THAT THE STATE RELOCATE STATE HIGHWAY ROUTE 118 THROUGH THE CITY OF MOORPARK FROM HIGH STREET AND MOORPARK AVENUE TO MOORPARK ROAD AND LOS ANGELES AVENUE. Moved by Councilmember Harper and seconded by Councilmember Straughan that said Resolution No. 84 -94 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.C. Cable TV Franchise - Application of Urban West Communities for Private Cable TV System in Planned Community of Mountain Meadows The City Attorney reported that he had been furnished with proposed language for the franchise document, but that it did not meet the condition required by Council at its last meeting that would provide that the franchisee would agree to provide cable service to the entire city if requested by the Council to do so at a later date. The Mayor declared the public hearing open and the following persons addressed Council: Tom Zanic, of Urban West Communities, 3030 Bundy Street, Los Angeles, spoke in support of the proposed franchise. Frank Knickelbein, 4893 Avendon Road, Moorpark, urged that any new franchise include the entire city. There being no further testimony, the Mayor declared the hearing closed. After discussion, it was moved by Councilmember Straughan and seconded by Councilmember Harper that the franchise, as amended and submitted at this meeting, be awarded to Mountain Meadows Cable Televison, which motion failed by the following roll call vote: AYES: Councilmembers Straughan and Harper; NOES: Councilmembers Beaulieu, Prieto and Mayor Yancy- Sutton; ABSENT: None. RECESS The Mayor declared a recess, the time being 8:40 p.m. The meeting reconvened at 8:55 p.m., all members of the Council being present. -3- 7.D. Annual Residential Development Allotments The following persons addressed Council in opposition to the subject matter: Frank Knickelbein, 4893 Avedon Road, Moorpark Bill Mitchell, 6440 Berkeley, Moorpark Hugo Roche, of Janss Corporation, 100 E. Thousand Oaks Boulevard, Thousand Oaks, CA 91360 Louise Rice - Lawson, Building Industries Association, 601 Daily Drive, Camarillo Vick Hale, 2660 Townsgate, #730, Westlake, CA. representing Chamber of Commerce Dan Woolard, 487 Millard Street, Moorpark There was concern expressed regarding the fact that this item was placed on the agenda at this meeting, without public notice having been given. After discussion it was moved by Councilmember Harper and seconded by Councilmember Straughan that the City Attorney be instructed to examine the draft initiative ordinance, and to prepare an ordinance for submission to the Council at a future meeting. The Council was poled to determine whether or not the members would provide input to the City Attorney and the Director of Community Development in the preparation of a proposed growth management ordinance, with Councilmembers Beaulieu, Harper and Straughan being in favor, and Councilmember Prieto and Mayor Yancy- Sutton being in opposition. The motion was then carried by the following roll call vote: AYES: Councilmembers Harper, Straughan and Beaulieu; NOES: Councilmember Prieto and Mayor Yancy- Sutton; ABSENT: None. 8. COMMENTS FROM COUNCILMEMBERS Councilmember Straughan stated that he wished to clear the record regarding his statements of the meeting of May 16, 1984, concerning the use of City letterhead by the Mayor in inviting participation in the newly organized Highway #118 Improvement Association, stating that he had meant to discuss policy only, and not to be insulting to the Mayor. Councilmember Beaulieu requested that an investigation be made of the many businesses being operated out of homes in the City. Councilmember Harper reported that the Transportation Commission will have a meeting in Sacramento on June 28, where the matter of funding will be discussed. He stated that Norm Blanchard, of VCAG, will be in attendance and will protect our interests. 9. CONSENT CALENDAR By general consent Item 9.B. was excluded from the Consent Calendar. Moved by Councilmember Beaulieu and seconded by Councilmember Prieto that Items A, C, D, E and F under Item No. 9, the Consent Calendar; be approved as recommended, which motion carried by the following roll call vote: AYES: Councilmembers Beaulieu, Prieto, Harper, Straughan and Mayor Yancy- Sutton; NOES: None; ABSENT: None. 9.A. Transfer of Funds - Traffic Signal Construction at Los Angeles Avenue and Princeton Avenue That that certain agreement entitled, "COOPERATIVE AGREEMENT - TRAFFIC SIGNALIZATION - PRINCETON AVENUE - STATE HIGHWAY 118" between the City of Moorpark and the County of Ventura, and dated June 6, 1984, be approved and the Mayor and City Clerk authorized to execute same on behalf of the City. 9.C. Approval of Warrant Register Approved Warrant Register dated June 6, 1984, listing Warrants 313 through 353, in the total amount of $7.892.35, as approved by the City Manager and on file in the office of the City Clerk, and authorized the City Manager to issue warrants therefor. 9.D. Ratification of Employment -- Custodian That the employment of Mrs. Faye Beaver as Part -time Custodian, effective May 14, 1984, be ratified, at the rate of $6.50 per hour, and that the City Manager be authorized to increase the regular 20 -hour work week, not to exceed 40 hours per week, through the month of June, 1984. 9.E. Attendance - Mayor and Councilmembers — League of California Cities Executive Forum - July 11 - 13, 1984 That attendance by any member of the City Council who may wish to represent the City and participate in the League of California Cities Executive Forum, July 11 - 13, 1984, be approved. 9.F. Highway 118 Improvement Committee - City Approval and Support That the City join the Highway 118 Improvement Committee, pay the $25.00 membership fee; appoint Councilmember Clint Harper as the City's representative to the Committee; and provide space for public meetings of the Committee without charge. Councilmember Prieto commented that this matter should have been referred to the Parks and Recreation Commission for recommendation prior to coming to the Council. -5- EXCLUDED CONSENT ITEM 9.B. Approval of Job Description and Salary Range for Associate Planner Moved by Councilmember Harper and seconded by Councilmember Straughan to approve the job description and salary range for Associate Planner as recommended by Staff, and to authorize Staff to advertise and fill the position as soon as possible; further, that should the City need funds to fill the position, the building fees should be raised. After discussion the motion carried by the following roll call vote: AYES: Councilmembers Harper, Straughan, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. 10. REPORTS FROM STAFF 10.A. Award of Contract - Leaal Advertisin The City Attorney reported regarding his findings covering the legal status of the papers which had submitted bids for the City's legal advertising. Dan Schmidt, representing The Mirror, 1887 Galt Street, Simi Valley, CA 93065, addressed Council urging that his paper be awarded the contract, since his was the apparent lowest bid received by the City. Upon recommendation of the City Attorney, it was the consensus of the Council that the matter be continued to the next regular meeting and that The Moorpark News be invited to present to the City evidence that it is a newspaper of general circulation under either Section 6000 or 6008 of the Government Code. RECESS The Mayor declared a recess, the time being 10:15 p.m. The meeting reconvened at 10:30 p.m., all members of the Council being present. 10.B. Status Report - Oil Train The Director of Community Development gave an up -date report on the subject matter, and it was moved by Councilmember Harper and seconded by Councilmember Straughan that Resolution No. 84 -94, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, EXPRESSING OPPOSITION TO THE RAIL TRANSPORT OF OIL BY SANTA BARBARA COUNTY be adopted, and that a telegram be directed to Santa Barbara County indicating that the time table for public input is insufficient and violates the intent of the State Environment Quality Act. Motion carried by the following roll call vote: AYES: Councilmembers Harper, Straughan, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None. 10.C. Status Report - 1984 -85 Budget - Scheduling of Budget Studv Session The City Manager stated that the 1984 -85 Budget was in process of preparation and would be ready for presentation and review within the next two weeks, and requested that Council set a date for such review. By general consent the first budget hearing will be held Tuesday, June 21, 1984, at 2:30 p.m. 10.D. Report re: County Grading Ordinance The Director of Community Development outlined his report dated June 1, 1984, and after discussion it was moved by Councilmember Harper, seconded by Councilmember Beaulieu and unanimously carried to authorize the Director of Community Development to send a letter to the County Public Works Agency suggesting more tightly drawn criteria for the issuance of grading permits in areas adjacent to cities. 10.E. Request from Storer Cable Communications for Rate Increase The City Manager outlined his report dated June 1, 1984, regarding the subject matter, and the City Attorney ruled that it would be appropriate for the Council to hold a public hearing. After dis- cussion it was moved by Councilmember Harper, seconded by Council - member Straughan and unanimously carried that the consideration of the request for a rate increase be continued to the next regular meeting of the City Council. 10.F. Policy re: Reorganization of City Council, Section and Duties of the Mayor The City Manager reviewed his report dated June 1, 1984, and after discussion it was moved by Councilmember Harper, seconded by Councilmember Straughan and unanimously carried that the draft of the policy statement be approved as submitted, with the addition of Item 9 to read as follows: 9. Assist City Staff in the preparation of City Council Agenda. -7- 11. ORDINANCES /RESOLUTIONS ll.F. Resolution Approving a Contract for Building and Safety Service During 1984 -85, between the City of Moorpark and the Countv of Ventura By general consent this item was taken out of order on the agenda. The City Manager presented the subject agreement, recommending its approval. Jack Cudmore, Building Official of the County of Ventura, addressed Council and answered questions concerning the proposed service. Moved by Councilmember Straughan and seconded by Councilmember Prieto that Resolution No. 84 -96, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING AGREEMENT WITH COUNTY OF VENTURA FOR BUILDING AND SAFETY SERVICES be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Straughan, Prieto, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. ll.A. Firearms Regulations Ordinance The City Attorney presented Ordinance No. 19, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADDING TITLE 11, ENTITLED "PEACE, MORALS AND SAFETY" TO THE MOORPARK MUNICIPAL CODE; AND ADDING CHAPTER 1 TO SAID TITLE 11, RELATING TO THE DISCHARGE OF FIREARMS Moved by Councilmember Harper, seconded by Councilmember Beaulieu and unanimously carried that further reading of said ordinance be waived. Moved by Councilmember Harper and seconded by Councilmember Beaulieu that said Ordinance No. 19, entitled as hereinabove set forth, be introduced, which motion carried by the following roll call vote: AYES: Councilmembers Harper, Beaulieu, Prieto, Straughan and Mayor Yancy- Sutton; NOES: None; ABSENT: None. The following persons addressed Council concerning the proposed ordinance: William LaPerch, 7200 Walnut Canyon Road, Moorpark in opposition E. R. Peters, 7155 Walnut Canyon Road, Moorpark in opposition Mike Brown, 318 Cornett, Moorpark, requested modification in ordinance for air rifle James Hartley, 5950 Gabbert Road, Moorpark, in support Gerry Goldstin, 11921 Los Angeles Avenue, Moorpark, in support Ron Miller, 6395 Gabbert Road, Moorpark, a member of the Committee which studied, prepared and recommended the ordinance, addressed Council, answering questions regarding its contents. After discussion it was moved by Councilmember Harper, seconded by Councilmember Prieto and unanimously carried that Section 3 of the ordinance as presented be deleted. The City Attorney again presented Ordinance 19, entitled as herein - above set forth, amended by the deletion of Section 3 and the renumbering of Section 4 to read Section 3. Moved by Councilmember Harper, seconded by Councilmember Straughan and unanimously carried to waive further reading of said Ordinance No. 19. It was then moved by Councilmember Beaulieu, seconded by Council - member Harper and unanimously carried to amend Subsection (c) of Section 11.01.010 of Chapter 1, as set forth in Section 2 of said Ordinance No. 19, to read as follows: "(d) The City Manager or his designee shall implement rules and regulations pertaining to the provisions of this Section, including, but not limited to, grounds for approval, duration and revocation of permits." The City Attorney again presented Ordinance No. 19, entitled as hereinabove set forth, amended as above set forth, and it was moved by Councilmember Harper, seconded by Councilmember Beaulieu and unanimously carried to waive further reading of said ordinance. It was then moved by Councilmember Beaulieu, seconded by Council - member Harper and unanimously carried that said Ordinance No. 19, entitled as above set forth, be introduced. RF CF. SS The Mayor declared a recess, the time being 12:00 midnight. The meeting reconvened at 12:10 a.m., all members of the Council being present. ll.E. Resolution Approving Master Street Lighting Agreement between the City of Moorpark and the Southern California Edison Company -- Moorpark Lighting Maintenance District No. AD -84 -2. By general consent this item was taken out of order on the agenda. The City Attorney, Mark Allen, stated that he would refrain from participation regarding this matter, because of a possible conflict of interest, and that he had arranged for his Assistant, Cheryl Kane, from the office of Burke, Williams and Sorensen, to handle the matter for him. Carol Larson, Area Manager of Southern California Edison Company, 3589 South Hill Drive, Thousand Oaks, CA., was present to answer any questions posed by members of the Council. It was moved by Councilmember Straughan and seconded by Councilmember Beaulieu that Resolution No. 84 -97, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION OF MASTER STREET LIGHTING AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY 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. ll.B. Traffic Control Ordinance The City Manager presented and outlined his report dated May 31, 1984, and the City Attorney presented Ordinance No. 20, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADDING CHAPTER 1, SECTIONS 12.01.010 THROUGH 12.01.590 TO TITLE 12 FO THE MOORPARK MUNICIPAL CODE RELATING TO TRAFFIC Moved by Councilmembers Straughan to waive further reading of said ordinance, which motion lost for lack of a second. There was discussion, participated in by members of the Council and Lt. Wells, after which it was moved by Councilmember Harper, seconded by Councilmember Prieto and unanimously carried that further reading of said Ordinance be waived. Moved by Councilmember Harper and seconded by Councilmember Prieto that said Ordinance No. 20, entitled as hereinabove set forth be introduced, which motion carried by the following roll call vote: AYES: Councilmembers Harper, Prieto, Straughan and Mayor Yancy- Sutton; NOES: Councilmember Beaulieu; ABSENT: None. Councilmember Beaulieu stated that his "No" vote was because he would have liked an opportunity to provide more input to the provisions of the ordinance. Councilmember Harper suggested that if any member of the Council has specific concerns, they should be put in writing and submitted to Staff for consideration. 11.C. Ordinance Amending the Moorpark Municipal Code to adopt and add Titles 1 throuah 15 The City Attorney presented Ordinance No. 21, entitled: AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING PARAGRAPH (b) OF SECTION 1.01.004 OF THE MOORPARK MUNICIPAL CODE TO PROVIDE FOR THE ADOPTION AND ADDITION OF TITLES TO SAID CODE. Moved by Councilmember Harper, seconded by Councilmember Beaulieu and unanimously carried that further reading of said ordinace be waived. Moved by Councilmember Harper, seconded by Councilmember Beaulieu and unanimously carried that said Ordinance No. 21, entitled as hereinabove set forth, be introduced. ll.D. Resolution Fixincr Amount of Bond for the Officers of the Cit The City Attorney presented his report recommending amounts of bonds for the officers of the City, and it was moved by Councilmember Harper and seconded by Councilmember Prieto that Resolution No. 84 -98, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, FIXING THE AMOUNT OF BOND FOR CERTAIN OFFICERS OF THE CITY be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Harper, Prieto, Beaulieu, Straughan and Mayor Yancy- Sutton; NOES: None; ABSENT: None. RECONSIDERATION OF ITEM 7.C. - Cable TV Franchise - Application of Urban West Communities Councilmember Beaulieu requested that this matter be reconsidered at this time; concurred in by general consent. Tom Zanic, representing Urban West Communities, addressed Council proposing that a new Section 9.3 be added to the proposed franchise document to provide that a donation of educational video and /or computer equipment of $5,000 in value will be made to the Moorpark -11- Unified School District within 30 days after the hook -up of the 300th dwelling unit in the development, and another donation to the Moorpark Unified School District of educational video and /or computer equipment of $5,000 in value within 30 days after the hook -up of the 600th dwelling unit in the development. After discussion, it was moved by Councilmember Harper and seconded by Councilmember Straughan that Resolution No. 84 -99, amended to include the proposal hereinabove tendered by Mr. Zanic on behalf of Urban West Communities, and which said Resolution No. 84 -99 is entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AWARDING TO MOUNTAIN MEADOWS CABLE TELEVISON, A CALIFORNIA LIMITED PARTNERSHIP, A FIFTEEN (15) YEAR NON - EXCLUSIVE FRANCHISE TO CONSTRUCT, OWN, OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN THE CITY OF MOORPARK, CALIFORNIA; SETTING FORTH CON- DITIONS ACCOMPANYING THE GRANTING OF SAID FRANCHISE be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Harper, Straughan and Beaulieu; NOES: Councilmember Prieto and Mayor Yancy- Sutton; ABSENT: None. 12. FUTURE AGENDA ITEMS None. 13. ADJOURNMENT There being no further business to come before the Council at this time, by general consent the meeting was adjourned to June 7, 1984 at 6:30 p.m., for the purpose of interviewing candidates for the position of City Manager. APPROVED: Mayor Respectfully submitted. _ZL_'r� DORIS D. BANKUS City Clerk