HomeMy WebLinkAboutMIN 1984 0702 CC REGMoorpark, California
July 2, 1984
The adjourned regular meeting of the City Council of the City
of Moorpark, California, was held on July 2, 1984, in the Council
Chambers in the City H 11 of said City, located at 799 Moorpark
Avenue, Moorpark, California.
1. CALL TO ORDER
The meeting was called to order at 7:10 p.m., Mayor Leta Yancy-
Sutton presiding.
2. PLEDGE OF ALLEGIANCE
None - flag not present.
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; Cheryl J. Kane, City Attorney;
Lt. Arve Wells, County Sheriff's Department; and
Doris D. Bankus, City Clerk.
4. APPROVAL OF MINUTES
None.
5. PROCLAMATIONS /SPECIAL PRESENTATIONS
S.A. Jaycees - Painting House Numbers on Curbs
The City Manager presented his report dated June 28, 1984,
regarding the proposal of the Moorpark Jaycees to stencil house
numbers on City curbs and to ask for a $5.00 donation, as a
fund - raising project for charitable purposes.
Steven A. Baker, representing the Moorpark Jaycees, addressed
Council in support of the request, and after discussion it was
moved by Councilmember Harper and seconded by Councilmember
Beaulieu that the request of the Moorpark Jaycees to paint house
numbers on City curbs during the period of July 2 to August 31,
1984, be approved.
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After further discussion it was moved by Councilmember Harper
and seconded by Councilmember Beaulieu that the main motion be
amended to provide that the project be commenced July 2, 1984,
with an open -ended time limit, which motion was carried unani-
mously.
The main motion, as amended, was then approved unanimously.
6. COMMENTS FROM THE PUBLIC
Dan Schmidt, representing The Mirror, 1887 Galt Street, Simi Valley,
California 93065, addressed Council, requesting reconsideration of
Council's previous decision to continue posting of ordinances and
public notices rather than publication in a newspaper, stating
that he believed the community would be better served by this
method if legal notice. He also distributed to the members of
the Council copies of an Attorney General's Opinion on the subject
matter.
The City Attorney suggested that if the Council is desirous of
reconsideration, the matter should be placed on a future agenda
in order to give her time to confer with the former City Attorney,
Mark Allen, who had handled the matter prior to this meeting.
The City Manager advised Council that The Moorpark News had
submitted a written request for reconsideration of the matter,
and Dawn Hodson, representing The Moorpark News addressed Council
in support of said request.
It was agreed that the matter be placed on the agenda for the
Council Meeting of August 1 and that any written opinions or
information be distributed to the interested newspapers in advance
of the meeting; and in addition, that any information or research
developed by the newspapers would be furnished to the City Attorney
in advance of the meeting.
7. HEARINGS:
7.A. Southern California Edison Company - Application for
Franchise.
The City Clerk presented Proof of Publication of Notice of
Intention to Grant Franchise, which was published in The
Moorpark News on February 23, 1984, pursuant to Resolution
No. 84 -67, which was adopted by the City Council at its
regular meeting of February 1, 1984. The City Clerk further
stated that the matter had been continued from meeting to
meeting and that she had no communications for presentation
other than the communication dated May 8, 1984, from the
City Attorney, which transmitted a copy of the proposed
ordinance granting the franchise.
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The City Clerk also announced that on February 2, 1984, she
had posted the Notice of Intention to Grant Franchise in the
three public places in the three public places within the City
as designated by the City Council by Resolution No. 83 -11,
adopted July 2, 1983.
By general consent all of the above documents were ordered
received and filed, and the Mayor declared the hearing to be
opened.
There being no one present who wished to address the Council
concerning the matter, other than H. J. Robings, Area
Manager of Southern California Edison Company, who had indicated
that he was present to answer any questions which might arise,
the hearing was declared closed.
The City Attorney presented Ordinance No. 22, entitled:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, GRANTING TO SOUTHERN CALIFORNIA EDISON
COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO
USE AND TO CONSTRUCT AND USE, FOR TRANSMITTING AND
DISTRIBUTING ELECTRICITY FOR ANY AND ALL PURPOSES,
POLES, WIRES, CONDUITS AND APPURTENANCES, INCLUDING
COMMUNICATION CIRCUITS NECESSARY OR PROPER THEREFOR,
IN, ALONG, ACROSS, UPON, OVER AND UNDER THE PUBLIC
STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF
MOORPARK.
It was moved by Councilmember Straughan, seconded by Councilmember
Beaulieu and unanimously carried to waive further reading of said
ordinance.
It was moved by Councilmember Straughan, seconded by Councilmember
Prieto and unanimously carried to introduce said Ordinance No. 22.
Councilmember Harper raised a question concerning Section 11,
paragraph (d), relating to the removal or relocation of facilities
installed, used and maintained under the franchise whenever the
removal or relocation is for any proper governmentel purpose, and
particularly the matter of the Edison pole located on Los Angeles
Avenue near Princeton Avenue at the entrance to the Cabot,Cabot
& Forbes Industrial Park. Mr. Robings, Area Manager of
Southern California Edison Company, responded that he would research
the subject and report back.
Councilmember Harper then raised the subject of undergrounding and
requested staff to contact the County to see if there might be
some funds which should be transferred to the City.
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Mr. Robings addressed Council briefly, stating that undergrounding
funds are now going to the City, and he offered to attend a
future Council meeting to discuss undergrounding of facilities.
7.B. Southern California Gas Company - Application for
Franchise
By general consent this item was continued to the regular meeting
of August 1, 1984.
8. COMMENTS FROM COUNCILMEMBERS
8.A. Councilmember Harper requested that the subject of
residential solar hearing on a future agenda for presentation.
8.B. Councilmember Beaulieu stated that he would like Council
to consider whether or not an advisory measure should be placed
on the ballot for the November 6, 1984 election as to whether or
not licensed card clubs sho>>.ld be permitted in the City. It was
the consensus that Lt. Wells would bring back a report regarding
law enforcement related issues.
9. CONSENT CALENDAR
9. It was moved by Councilmember Straughan and seconded by
Councilmember Beaulieu that the items on the Consent Calendar
be approved as recommended, which motion carried by the following
roll call vote:
AYES: Councilmembers Straughan, Beaulieu, Harper,
Prieto and Mayor Yancy- Sutton;
NOES: None;
ABSENT: None.
9.A. Appointment of Voting Delegate to Annual Conference -
Leaaue of California Cities
That Mayor Leta Yancy- Sutton be designated as the City's
Voting Delegate for the League of California Cities Annual
Conference in Anaheim, September 23 -26, 1984, and that Council -
member Al Prieto be designated as the Alternate.
9.B. Approval of Warrants
Approved Warrent Register dated July 2, 1984, listing Demands
Nos. 375 through 409, in the total amount of $8,283.11, 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.
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9.C. November Ballot Measure - Park Maintenance Assessment
District
Motion that the City Attorney be directed to prepare the text of
an advisory ballot proposition for the November election relative
to the establishment of an assessment district to fund the main-
tenance of parks within the City and the necessary resolution to
the County requesting that the measure be on the November, 1984,
election ballot.
9.D. Letter to Property Owners re: Zoning Enforcement and
Cleanup of Property
City Manager authorized to proceed with arrangements for letter.
10. REPORTS FROM STAFF
10.A. One Year Status Report
Report submitted by Community Development Director; commended
by Councilmember Straughan.
10.B. Mountain Meadows Cable Television Franchise
The City Manager outlined his report dated June 28, 1984, to
which was attached a communication from Mountain Meadows Cable
Television, dated June 25, 1984, being a letter of clarification
of certain sections of the franchise granted under Resolution No.
84 -99 to Mountain Meadows Cable Television.
Moved by Councilmember Beaulieu, seconded by Councilmember
Straughan and unanimously carried that the proposed changes
to Sections 2, 4, 8 and 12 of the franchise awarded to Mountain
Meadows Cable Television, outlined in the letter from the
franchise holder dated June 25, 1984, be referred to the City
Attorney for placing in the form necessary to amend the franchise.
10.C. Development Plan No. DP -301 (Cabot, Cabo+, & Forbes) -
Traffic Signal at Science Drive and New Los Angeles Avenue
By general consent the matter was continued to the next regular
meeting.
10.D. Request to Conduct Block Party - 4300/4500 block
NW Cloverdale
Moved by Councilmember Straughan, seconded by Councilmember
Beaulieu and unanimously carried that Mrs. L.F. Lipka, on behalf
of the affected residents, be authorized to conduct a Block Party
in the 4300 -4500 blocks of NW Cloverdale, between the hours of
12 Noon and 9:00 p.m., July 4, 1984, and to block the street to
through traffic, subject to the applicant agreeing to clean all
debris and obstructions from the street immediately following
the event.
10.E. Multi - Family Bond Financin
The City Manager outlined his report dated June 27, 1984,
regarding the request of G. H. Palmer Associates for the
initiation of tax - exempt bond financing for multi - family
housing to the County of Ventura.
It was moved by Councilmember Straughan, seconded by Council -
member Harper and unanimously carried that the request of Palmer
Associates that an inducement resolution be issued in conenction
with multi - family bond financing be forwarded to the County of
Ventura, together with the statement that the City of Moorpark
has no objection to the County being the lead agency with respect
to the issuance of bond financing for Palmer Associates' La
Dolce Vita Project.
10.F. Procedure for Utilizing Contract Planning Personnel
The Director of Community Development outlined his report dated
July 2, 1984, requesting approval of a procedure for using
individual contract planners to handle excess planning workloads,
minimize delay and provide more effective service to the public.
He recommended the following language be added to Section 4.01
of the proposed agreement,
"...with the exception of any firm or invidual which
has an approved permit or land use entitlement from
the City, has applied for such an entitlement within
the past twelve (12) months, or has an application pending
for such entitlement."
Moved by Councilmember Straughan and seconded by Councilmember
Harper that the model Contract for Services as presented and
amended by the Director of Community Development be approved
for use in contracting for planning personnel, with the contract
for each planner to be placed under contract to come before
the City Council for approval; also that the Director of Com-
munity Development, with the approval of the City Manager, be
authorized to assign planning projects and schedule work programs
for contract planning personnel on an "as needed" basis;
provided, however, that any project requiring processing time
in excess of 50 hours, and which has been contracted, shall be
submitted to the City Council for concurrence prior to the 50 -hour
figure being exceeded.
After discussion it was moved by Councilmember Straughan,
seconded by Councilmember Harper and unanimously carried to
amend the motion to provide that the agreement be referred
to the City Attorney for the addition of a "hold harmless"
clause, and submitted to the Council for approval at the next
regular meeting.
The main motion as amended was then approved unanimously.
11. ORDINANCES /RESOLUTIONS
ll.A. Claim for Fiscal Year 1985 Transportation Development
Act (TDA) and State Transportation Act (STA) Funds
Moved by Councilmember Straughan and seconded by Councilmember
Harper that Resolution No. 84 -109, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, DIRECTING THE PROCESS-
ING OF A CLAIM FOR FISCAL YEAR 1985 TRANSPORTA-
TION DEVELOPMENT ACT AND STATE TRANSPORTATION
ASSISTANCE FUNDS
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.
ll.B. Resolution Supporting the Passage of S.B. 1369
and the California Water Development Plan
On the recommendation of the City Manager, it was moved by
Councilmember Beaulieu, seconded by Councilmember Prieto and
unanimously carried that this matter be tabled.
ll.C. Establishing a Greenbelt Within the Tierra Rejada Valley
Moved by Councilmember Harper and seconded by Councilmember
Beaulieu that Resolution No. 84 -110, entitled:
CTO RESOLUTION NO. 84 -143
S.V. RESOLUTION NO. 84 -34
MOORPARK RESOLUTION NO. 84 -110
A JOINT RESOLUTION OF THE CITY COUNCILS OF THE
CITIES OF MOORPARK, SIMI VALLEY AND THOUSAND OAKS,
AND THE BOARD OF SUPERVISORS OF THE COUNTY OF
VENTURA ESTABLISHING A GREENBELT WITHIN THE
TIERRA REJADA VALLEY
be adopted, with the provision that any reference to GPA, Kavian
be removed from Exhibit A of the resolution. Motion carried by
the following roll call vote:
AYES: Councilmembers Harper, Beaulieu, Prieto,
Straughan and Mayor Yancy- Sutton;
NOES: None;
ABSENT: None.
ll.D. City Sphere of Influence /Area of Interest - Proposed
Adoption and Proposed Amendment
Moved by Councilmember Straughan, seconded by Councilmember
Harper and unanimously carried that the Council does support
the proposed Sphere of Influence and a change in the western
boundary of the Moorpark Area of Interest to be coterminus
with the Sphere of Influence of Waterworks District No. 1.
Bob Braitman, Executive Director of Local Agency Formation
Commission, Ventura County, addressed Council and explained
the procedure regarding adoption of Sphere of Influence,
stating that the hearing was scheduled for July 11, before
the Local Agency Formation Commission.
At the suggestion of Mr. Braitman and by general consent of
the Council, staff was directed to initiate a dialogue between
the City of Moorpark and the property owners of the Los Posas
area to determine where the Sphere of Interest should be.
ll.E. Extending Ordinance Nos. 4 and 5 - Extending the Period
for Review and Approval of RPD's Approved Prior to 7 -2 -83
The City Attorney presented Ordinance No. 23, entitled:
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
REQUIRING REVIEW AND APPROVAL OF RESIDENTIAL
PLANNED DEVELOPMENTS APPROVED BY THE COUNTY PRIOR
TO JULY 2, 1983 AND DECLARING THE ORDINANCE TO BE
AN URGENCY ORDINANCE
Moved by Councilmember Harper, seconded by Councilmember Straughan
and unanimously carried to waive further reading of said ordinance.
Moved by Councilmember Harper and seconded by Councilmember
Straughan that said Ordinance No. 23, entitled as hereinabove
set forth, be adopted,which motion carried by the following roll
call vote:
AYES: Councilmembers Harper, Straughan, Beaulieu
and Prieto;
NOES: Mayor Yancy- Sutton;
absent; None.
ll.F. Contract for Planning Services -- Marcia M. Raines
Moved by Councilmember Straughan and seconded by Councilmember
Harper that Resolution No. 84 -111, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONTRACT FOR PLANNING SERVICES BETWEEN
CITY OF MOORPARK AND MARCIA M. RAINES
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.
HE
11.G. Contract for Landscape Maintenance - American Landscape
The City Manager reviewed his report dated June 27 , 1984, after
which it was moved by Councilmember Straughan and seconded by
Councilmember Beaulieu that Resolution No. 84-112 , entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, APPROVING AGREEMENT
FOR MAINTENANCE OF PARKS BETWEEN AMERICAN
LANDSCAPE MAINTENANCE AND CITY OF MOORPARK
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.
12. FUTURE AGENDA ITEMS
Councilmember Harper stated that there had been a presentation
on solar heating at the last meeting of the Planning Commission
and he requested that the same presentation be made to the
CZity Council, with staff to make the necessary arrangements.
Councilmember Beaulieu requested a report at next meeting regarding
cost involved in the letter to be distributed city-wide concerning
Code enforement and cleanup.
EXECUTIVE SESSION
The meeting was adjourned by unanimous consent to an executive
session for the purpose of discussing pending litigation, the
time being 9 : 05 p.m.
The meeting was reconvened at 9 :53 p.m. , with all members of the
Council present, and the City Attorney stated that a matter of
litigation had been discussed in the executive session, and that
the City Attorney had been given direction as to a course of
action to follow.
13. ADJOURNMENT
Prior to adjournment it was announced that there would be a
Budget Study Session on July 16 , 1984 , at 7 : 00 p.m.
Moved by Councilmember Harper, seconded by Councilmember Prieto
and unanimously carried to adjourn, the time being 9 :55 p.m.
Respectfully submitted,
APPROVED: qCj
„.„„) , _ /
City Clerk
Mayor
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