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HomeMy WebLinkAboutMIN 1984 0801 CC REGMoorpark, California August 1, 1984 The regular meeting of the City Council of the City of Moorpark, California, was held on August 1, 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 7:05 p.m., Mayor Leta Yancy- Sutton presiding. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Jerry Straughan. 3. ROLL CALL PRESENT: Councilmembers Roger Beaulieu, Albert Prieto, Jerry Straughan and Mayor Leta Yancy- Sutton; ABSENT: Councilmember Clinton D. Harper (excused) OTHER CITY OFFICIALS AND EMPLOYEES PRESENT: Steven Kueny, City Manager; Niall Fritz, Director of Community Development; Cheryl Kane, Attorney at Law, from the firm of Burke, Williams and Sorensen; Lt. Arve Wells, County Sheriff's Department; John Knipe, Willdan Associates; and Doris D. Bankus, City Clerk. Also in attendance for a portion of the meeting was Mark C. Allen, Attorney at Law, from Burke, Williams and Sorensen. 5. PROCLAMATIONS /SPECIAL PRESENTATIONS Mayor Yancy- Sutton presented to Marshall W. Julian, who had served as Interim City Manager of the City for four months prior to the appointment of Steven Kueny as City Manager, two Resolutions of Commendation - -one written in a humerous vein and signed by all members of the City Council and City Staff, and the other one written in a serious vein and signed by all members of the City Council. She also presented Key No. 4 to the City of Moorpark, and expressed the sincere appreciation of the Council and the citizens of the City to Mr. Julian for his services to the City. Mr. Julian made a response to the presentations. 6. COMMENTS FROM THE PUBLIC 6.A. Mike Upton, 4202 Granadilla Drive, Moorpark, addressed Council regarding the speed limit on Peach Hill Road. The Mayor informed him that Council had the matter under consideration. -1- 7. HEARINGS 7.A. Southern California Gas Company - Application for Franchise (tabled at meeting of July 2, 1984) The City Clerk presented for filing the following documents: 1. Affidavit of posting of Notice of Intention to Grant Gas Franchise, dated February 17, 1984; 2. Affidavit of Publication of Notice of Intention to Grant Gas Franchise, dated February 23, 1984; She stated further that the Resolution of Intention adopted by the Council on February 15, 1984, had set the matter for public hearing on March 21, 1984, at 7:00 p.m., and that said public hearing had been continued from Council Meeting to Council Meeting, and the matter was not ready to be heard. By general consent the above items were ordered received and filed and the hearing declared open. There was no one present desiring to give testimony regarding the subject matter, and by general consent the hearing was closed. The City Attorney then presented Ordinance No. 26, entitled: AN ORDINANCE OF THE CITY OF MOORPARK GRANTING TO SOUTHERN CALIFORNIA GAS COMPANY, A CORPORATION, THE RIGHT, PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER, ALONG, ACROSS OR UPON CERTAIN PUBLIC STREETS, WAYS, ALLEYS AND PLACES, AS THE SAME NOW OR MAY HEREINAFTER EXIST, WITHIN SAID MUNICIPALITY. Moved by Councilmember Beaulieu, seconded by Councilmember Prieto and unanimously carried to waive further reading of said ordinance. Moved by Councilmember Beaulieu and seconded by Councilmember Prieto that said Ordinance No. 26, entitled as hereinabove set forth, be introduced, which motion carried by the following roll call vote: AYES: Councilmembers Beaulieu, Prieto, Straughan and Mayor Yancy- Sutton; NOES: None; ABSENT: Councilmember Harper. 7.B. Request of Storer Cable for Rate Increase Mayor Yancy- Sutton read into the record a communication dated August 1, 1984, signed by Steve Reifschneider, General Manager of Storer Cable, withdrawing their request for a basic service rate increase at this time. -2- The Mayor announced that this was a noticed public hearing and stated that there might be persons in the audience who desired to be heard regarding the subject matter, and she therefore declared the hearing to be open. The City Clerk presented her affidavit of posting of notice of this hearing at the three public places within the City, as designated by Resolution No. 83 -11, adopted July 2, 1983, which affidavit of posting was received and filed by general consent. The following persons then addressed Council concerninq the matter: Dean Newman, 15750 Los Angeles Avenue, Moorpark, reserved comments pending filing of new application; Marty Thompson, 362 Ruth Avenue, in favor of competition to ensure better service; Ted Lipka, 4373 Cloverdale, opposing rate increase; Mrs. Frake, 386 Second Street; dissatisfied with present service. There being no further public testimony, the hearing was closed. It was moved by Councilmember Beaulieu, seconded by Councilmember Prieto and unanimously carried to accept the withdrawal of the application by Storer Cable. 7.C. Residential Development Fees for School Facilities The City Clerk presented affidavit of posting of notice of this hearing at the three public places within the City, as designated by Resolution No. 83 -11, adopted July 2, 1983, which affidavit of posting was received and filed by general consent. The Mayor then declared the hearing opened, and the Director of Community Development gave an overview of the subject matter. There was no public testimony to be heard, and the Mayor then closed the hearing. It was moved by Councilmember Straughan and seconded by Council - member Beaulieu that Resolution No. 84 -121, entitled: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, RESPECTING FEES FOR SCHOOL FACILITIES be adopted, which motion was carried by the following roll call vote: AYES: Councilmembers Straughan, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: Councilmember Harper. -3- 8. COMMENTS FROM COUNCILMEMBERS Councilmember Prieto inquired whether or not the City has any method of controlling the landing of hot air balloons in the City , stating that he has received complaints from citizens concerning the landing of balloons on city streets and in private yards. The matter was referred to Lt. Wells for investigation and report. 9 . CONSENT CALENDAR It was moved by Councilmember Straughan and seconded by Council- member Prieto that the items on the Consent Calender be approved as recommended, which motion carried by the following roll call vote: AYES: Councilmembers Straughan, Prieto, Beaulieu and Mayor Yancy-Sutton; NOES: None; ABSENT: Councilmember Harper. 9 .A. Data Processing Committee - Appointments Councilmembers Roger Beaulieu and Jerry Straughan appointed. 9.B. Investment Committee - Appointments Councilmember Jerry Straughan and Mayor Leta Yancy-Sutton appointed. 9 .C. Senior Citizens Center Committee - Appointments The following appointments were confirmed: (a) City Council Councilmember Al Prieto Mayor Leta Yancy-Sutton (b) Parks & Recreation Commission Margaret Sabine Dan Rasey (c) Senior Citizens Lorene Gartner Dean Newman (d) County Area on Aging Anna Bell Sessler Advisory Council Mary Wayman (e) Citizens at Large Merleen Garcia Dan Claffey 9.D. Moorpark/Las Posas Valley Councilmember Clint Harper Area of Interest Boundary Mayor Leta Yancy-Sutton Study -4- 9.E. Encroachment Permit - Storer Cable TV Communication dated July 24, 1984, from the Director of Com- munity Development, providing information regarding applica- tion of Storer Cable TV for an encroachment permit, to be regulated by City Engineer's office. Received and filed as informational item. 9.F. Approval of Warrants Approved Warrant Register dated August 1, 1984, listing Demands Nos. 432 through 464, in the total amount of $11,996.16, 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. 10. REPORTS FROM STAFF 10.A. Request of Moorpark Jaycees for Carnival Permit to be held in conjunction with Moorpark Country Days Andy MacNair, 1571 Kernvale Avenue, Moorpark, representing the Moorpark Jaycees, addressed Council requesting approval of carnival permit and to answer questions of members of the Council. Moved by Councilmember Straughan, seconded by Councilmember Prieto and unanimously carried to approve the concept as outlined in the request of Moorpark Jaycees dated July 19, 1984, and to refer the matter to Staff to finalize details. 10.B. Victim Witness Program - Authorize Participation Moved by Councilmember Straughan, seconded by Councilmember Beaulieu and unanimously carried to authorize participation with the County in the District Attorney's Victim Witness Program, as outlined in communication dated June 5, 1984, from the Ventura County District Attorney, with funding to come from the existing Law Enforcement appropriation in the 1984 -85 budget, in the amount of $1,049.00. 10.C. Community Services Assistant - Modification of Code Enforcement Position - Authorize Hiring Moved by Councilmember Straughan, seconded by Councilmember Beaulieu and unanimously carried to approve the report of the City Manager dated July 26, 1984, regarding the subject matter and to authorize the conversion of the Code Enforcement Officer position to the Community Services Assistant at a salary of $2180.00 per month. 0610 10.D. Report from City Attorney re status of lawsuit (Leslie James vs. City of Moorpark, et al) The City Attorney gave a verbal report on the status of the subject case, advising that the City has been dismissed as a party in the action. It was moved by Councilmember Prieto, seconded by Councilmember Beaulieu and unanimously carried to accept and file the report of the City Attorney. 10.E. Request to Film Movie on High Street Moved by Councilmember Straughan, seconded by Councilmember Prieto and unanimously carried that the report of the City Manager dated July 26, 1984, be received and filed, and that a Movie and Television Filming Permit be granted to LARCO Productions, Inc., for filming on High Street in the approximate area of the Post Office on August 6 and 7, 1984, subject to the conditions outlined in the memorandum from the City Manager dated July 26, 1984; and further, that the City Manager be authorized to approve such "NO PARKING" restrictions as he may deem to be appropriate to accommodate the shooting shcedule of LARCO Productions; with the added conditions Nos. 6 and 7 as follows: 6. That the applicant obtain written concurrence from the affected businesses; 7. That the applicant furnish a certificate of liability insurance naming the City as co- insured, in the amount of $1,000,000.00, and that the applicant agrees to indemnify the City against any and all claims in connection with such filming. Moved by Councilmember Straughan, seconded by Councilmember Beaulieu and unanimously carried that Staff investigate the fee structure for this kind of filming in adjacent cities and report back to Council with recommendations regarding same. 10.F. Reconsideration of location of The Mirror Newsrack at Communitv Center The City Manager outlined his report regarding the subject matter dated July 27, 1984, which report was received and filed by general consent. Dan Schmidt, 1887 Galt Street, Simi Valley, representing The Mirror, addressed Council, in support of relocation of newsrack to the patio area. There was some discussion concerning the aesthetics of the newsracks to be placed at the Community Center, and the Mayor requested that Councilmember Straughan meet with the City Manager to review and approve such newsracks. It was then moved by Councilmember Straughan and seconded by Councilmember Prieto that Council authorizes a six -month trial -A- placement in the northeast corner of the patio, with the provision of certificate of insurance, an indemnification agreement and appropriate guarantee to the satisfaction of the City Attorney, which motion carried by the following roll call vote: AYES: Councilmembers Straughan, Prieto and Mayor Yancy- Sutton; NOES: Councilmember Beaulieu; ABSENT: Councilmember Harper. Councilmember Beaulieu stated that his "no" vote was cast because he felt the newsracks should not encroach in the public area in the patio. 10.G. Legal Advertising - Publication of Ordinances, Resolutions, Notices, etc. The City Attorney presented and outlined her report dated July 26, 1984, concerning the subject matter, in which she concluded that the proper procedure is for the City to post its ordinances as is provided in Government Code Section 36933. The following persons spoke,urging that the City publish in the newspaper(s) all of its legal advertising: Dawn Hodson, of the Moorpark News, 724 D Moorpark Avenue, Moorpark Dan Schmidt, 1887 Galt Street, Simi Valley, representing The Mirror Moved by Councilmember Straughan, seconded by Councilmember Prieto and unanimously carried to re- examine Council's previous motion to deny all bids which had been received by Council, and to publish on a case -by -case basis. RECESS The Mayor declared a recess, the time being 8:20 p.m. The meeting was reconvened at 8:40 p.m., with all members of the Council being present except Councilmember Harper, who was excused. 10.H. Planning Staff Rates Chargeable to Projects (Continued from 7- 18 -84) By general consent this item was continued to the meeting of August 15, 1984. 7.C. Residential Development Fees for School Facilities At the request of the City Attorney, this item was called again, and by general consent of the Council the hearing was declared re- opened. -7- Jean Albee, Business Manager of the Moorpark Unified School District, addressed Council and filed Annual Financial Report and Budget, dated June 29, 1984, which report was received and filed and ordered made a part of Resolution No. 84 -121, adopted earlier in this meeting, on motion by Councilmember Straughan, seconded by Councilmember Beaulieu and unanimously carried. Councilmember Straughan then moved to accept and file Addendum to Page 24 of the Exhibit attached to said Resolution No. 84 -121, listing a tentative building plan, dated July 25, 1984, also presented by Jean Albee of the Moorpark Unified School District. Said motion was seconded by Councilmember Beaulieu and unanimously carried. 11. ORDINANCES /RESOLUTIONS ll.A. Adopt Ordinance No. 24 re Zone Change No. Z -2800 (Century Homes) The City Attorney presented Ordinance No. 24, entitled: AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE ZONING OF CERTAIN PROPERTIES (ZONE CHANGE NO. Z -2800, CENTURY HOMES). Moved by Councilmember Beaulieu, seconded by Councilmember Prieto and unanimously carried to waive further reading of said ordinance. Moved by Councilmember Prieto and seconded by Councilmember Beaulieu to adopt said Ordinance No. 24, entitled as hereinabove set forth, which motion carried by the following roll call vote: AYES: Councilmembers Prieto, Beaulieu, Straughan and Mayor Yancy- Sutton; NOES: None; ABSENT: Councilmember Harper. ll.B. Adopt Ordinance No. 25 re Zone Change No. Z -2723 (Urban West Communities) The City Attorney presented Ordinance No. 25, entitled: AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE ZONING OF CERTAIN PROPERTIES (ZONE CHANGE NO. Z -2723, URBAN WEST COMMUNITIES). Moved by Councilmember Straughan, seconded by Councilmember Prieto and unanimously carried to waive further reading of said ordinance. Moved by Councilmember Straughan and seconded by Councilmember Prieto to adopt said Ordinance No. 25, entitled as hereinabove set forth, which motion carried by the following roll call vote: M AYES: Councilmembers Straughan, Prieto and Mayor Yancy- Sutton; NOES: Councilmember Beaulieu; ABSENT: Councilmember Harper. ll.C. Introduce Ordinance No. 27 re amendment to Moorpark Municipal Code regarding City Manager position The City Attorney presented Ordinance No. 27, entitled: AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING CHAPTER 2.08 OF TITLE 2 OF THE MOORPARK MUNICIPAL CODE REGARDING THE OFFICE OF CITY MANAGER Moved by Councilmember Straughan, seconded by Councilmember Prieto and unanimously carried to waive further reading of said ordinance. Moved by Councilmember Straughan and seconded by Councilmember Prieto to intoduce said Ordinance No. 27, entitled as herein - above set forth, which motion carried by the following roll call vote: AYES: Councilmembers Straughan, Prieto, Beaulieu and Mayor Yancy- Sutton; NOES: None; ABSENT: Councilmember Harper. ll.0 -1. Resolution No. 84 -122 adopting an Administrative Supplement to State CEQA Guidelines The Director of Community Development reviewed his memorandum dated July 13, 1984, outlining the contents of the Administrative Supple- ment to the State CEQA Guidelines. Phil Vein, representing the Building Industries Association, addressed Council requesting clarification on some language in the Supplement, after which it was moved by Councilmember Straughan and seconded by Councilmember Prieto to adopt Resolution No. 84 -122, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING PROCEDURES FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRON- MENTAL QUALITY ACT AND THE STATE CEQA GUIDE- LINES with additional language added during the discussion, in paragraph A of Section 5 and in paragraph A of Section 9 of the Supplement. Said motion carried by the following roll call vote: AYES: Councilmembers Straughan, Prieto, Beaulieu and Mayor Yancy- Sutton; NOES: None; ABSENT: Councilmember Harper. -9- 11.D. Fee Schedule for rental of Community Center Buildin Moved by Councilmember Prieto and seconded by Councilmember Straughan to adopt Resolution No. 84 -123, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ESTABLISHING RENTAL RATES AND CHARGES FOR USE OF MOORPARK COMMUNITY CENTER FACILITIES. Motion carried by the following roll call vote: AYES: Councilmembers Prieto, Straughan, Beaulieu and Mayor Yancy- Sutton; NOES: None; ABSENT: Councilmember Harper. ll.E. Resolution Accepting Easement Deed for Storm Drainage Purposes from California Community Builders, Inc., re Knotty Pine Street, TR. 1E(SD) Tract 3403 Councilmember Beaulieu presented a petition, signed by James D. Ellison, of 12935 E. Cloverdale, and 18 others in the same vicinity, urging the City Council not to accept the subject easement and stating reasons for their position. By general consent the matter was continued to the next regular meeting of the City Council, to be held August 15, 1984. ll.F. Resolution No. 84 -124 Accepting Easement Deed for Public Road Purposes from Robert Burnette, re Los Angeles Avenue TR. 535E, Tract 3537 Moved by Councilmember Straughan and seconded by Councilmember Beaulieu that Resolution No. 84 -124, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ACCEPTING EASEMENT DEED FOR PUBLIC ROAD PURPOSES FROM ROBERT BURNETTE RE: LOS ANGELES AVENUE, TRACT 3537. be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Straughan, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: Councilmember Harper. 11.G. Resolution No. 84 -125 Accepting Easement Deed for "Moorpark Stow -it, DP 289 ", Poindexter Road, Tract 100.1E. Moved by Councilmember Straughan and seconded by Councilmember Prieto that Resolution No. 84 -125, entitled: -10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ACCEPTING EASEMENT DEEDS FOR PUBLIC ROAD PURPOSES, FROM MOORPARK STOW -IT PROPERTIES LTD., A CALIFORNIA LIMITED PARTNER- SHIP, FOR DP -289. be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Straughan, Prieto, Beaulieu and Mayor Yancy- Sutton; NOES: None; ABSENT: Councilmember Harper. NON - AGENDA ITEM - Advisory Measure, November 6, 1984 Election The City Clerk present report dated July 30, 1984 regarding the submission of pro and con arguments for the advisory measure the City Council has placed on the ballot for the November 6, 1984 election; report also informed Council re City Attorney's analysis of the measure. During discussion the following person was permitted to address Council regarding the filing of arguments: Dan Schmidt, representing The Mirror It was moved by Councilmember Straughan and seconded by Council- member Beaulieu that Resolution No. 94 -126, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT REGARDING A CITY MEASURE, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS be adopted, with the names of all five members of the City Council to be inserted in Section 1 of said resolution as being authorized to file a written argument in favor of the City Measure. Said motion carried by the following roll call vote: AYES: Councilmember Straughan, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: Councilmember Harper. NON - AGENDA ITEM - Pacifica Corporation vs. City of Moorpark, et al. The City Attorney delivered to the City Clerk the responsive pleadings which have been filed in the subject case. She stated that the Moorpark Unified School District has also filed a responsive brief and that copies would be distributed; that Pacifica has until August 9 to respond; and that she would request a closed session at the next regular meeting of the City Council to discuss the litigation. -11- 13. ADJOURNMENT There being no further business to come before the Council at this time, it was moved by Councilmember Straughan, seconded by Councilmember Prieto and unanimously carried to adjourn to August 8, 1984 , at 7 : 00 p.m. , in order to consider the proposed argument to be filed in favor of the advisory measure on the November 6, 1984 ballot. The time of adjournment was 9 :45 p.m. Respectfully submitted, City Clerk APPROVED: Mayor