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HomeMy WebLinkAboutMIN 1984 0905 CC REGSeptember 5, 1984 Moorpark, California The regular meeting of the City Council of the City of Moorpark, California, was held on September 5, 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 wqs called to order at 7:00 p.m., Mayor Leta Yancy- Sutton presiding. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Al Prieto. 3. ROLL CALL PRESENT: Councilmembers Clinton D. Harper, Albert Prieto, Jerry Straughan and Mayor Leta Yancy- Sutton; ABSENT: Councilmember Roger Beaulieu. (Note: Councilmember Beaulieu arrived at 7:40 P.M.) OTHER CITY OFFICIALS AND EMPLOYEES PRESENT: Steven Kueny, City Manager; Cheryl J. Kane, City Attorney; Niall Fritz, Director of Community Development; Lt. Arve Wells, County Sheriff's Department; Dennis Delzeit, City Engineer, Willdan Associates; and Doris D. Bankus, City Clerk. 4. APPROVAL OF MINUTES Moved by Councilmember Straughan, seconded by Councilmember Prieto and unanimously carried that the minutes of the regular meeting of July 18, 1984, be approved as recorded. Moved by Councilmember Straughan, seconded by Councilmember Prieto and unanimously carried that the minutes of the regular meeting of August 1, 1984, be approved as recorded. There being no additions, deletions or corrections, the minutes of the regular adjourned meeting of August 8, 1984, were approved as recorded, by general consent. There being no additions, deletions or corrections, the minutes of the regular meeting of August 15, 1984, were approved as recorded by general consent, with Councilmember,Straighan abstaining, since he was absent from said meeting. -1- 5. PROCLAMATIONS /PRESENTATIONS Reverend J. C. McIntosh, Paster of Assembly of God Church, on behalf of the Moorpark Ministerial Association, presented a Holy Bible to the City, to be kept in the Council Chambers. The Bible was accepted by Mayor Yancy- Sutton on behalf of the members of the City Council and the citizens of the City of Moorpark. 6. COMMENTS FROM THE PUBLIC 6.A. Mike McElligott, 6457 N. Creighton Avenue, addressed Council concerning excessive speed on streets in his neighborhood, making reference to an accident which occurred recently on Amherst, and expressing concern with opening of school. By general consent the Traffic Engineer was directed to study the area and report back with recommendations. 6.B. John Newton, 165 High Street, addressed Council and requested that Council re- schedule GPA -84 -1 for immediate attention, inasmuch as the study which had been ordered previously had not been completed. The City Manager responded by stating that the matter would be on the agenda for the Council Meeting of September 19, 1984, that it would be a legally noticed public hearing, and that the property owners within 300 feet of the subject properties would be notified of the hearing. 6.C. Jere Robings, Manager, Southern California Edison Company, addressed Council concerning the undergrounding of utilities and discussing the amount of funds allocated to the City of Moorpark for 1984. During the discussion City Staff was directed as follows: 1. Communicate with the Public Utilities Commission, pointing out that the money allocated to communities like Moorpark is insufficient and that transmission lines such as run through Moorpark should be considered in the larger geographical area they service; and 2. Contact Pacific Bell to ascertain plans for High Street. Mr. Robings was requested to do the following: 1. Investigate why Fillmore has a larger allocation than Moorpark, when Moorpark is a higher population. 2. Investigate utilizing the right -of -way for a linear walking park, with no vehicles permi regard Councilmember Straughan suggested that Lt. Mr. Robings and a representative from the Council matter, and Councilmember Straughan volunteered. he was authorized to represent the Council. -2- on Peach Hill tted. In this Wells meet with to explore the By general consent 6.D. Phillips Wylly, Production Executive of Moonlight Pro- ductions II, 4121 Radford Avenue, Studio City, California 91604, addressed Council requesting permission to film several scenes for a television motion picture on High Street on September 7, 1984. During the discussion on this matter Councilmember Beaulieu arrived, the time being 7:40 p.m. The City Manager stated that he had refused permission to allow the filming because of insufficient information and time in which to consider the request and make certain all safeguards have been met to protect the City and the citizens of Moorpark. Permission was not given for the proposed filming and the City Staff was instructed to develop procedures which must be followed for future requests of this nature. 7. HEARINGS 7.B. Appeal No. 5: Appeal by Clinton D. Harper from Planning Decision to approve PD -992 (Newhart) for an automobile tire store; Location: 460 High Street, approximately 150 feet west of Moorpark Road. By general consent this appeal was heard before Appeal No. 4, Item 7.A. The City Attorney reviewed her written legal opinion dated August 31, 1984, on the subject of "Appeals from Planning Com- mission Actions ". Councilmember Harper stated that he would abstain from participation in this Appeal No. 5, inasmuch as he was the appellant. There was discussion concerning whether or not a member of the Council, in filing an appeal, would be required to pay the $300 filing fee, it having been the interpretation of City staff that the fee would not be required of a member of the Council. The City Attorney reiterated her Code require that a fee would be of the Council who was filing an Councilmember Harper stated that of City staff and had filed his would not pay the fee. opinion that the provisions of the imposed on an individual member appeal. he had accepted the interpretation appeal in good faith and that he It was moved by Councilmember Straughan that for the purpose of this particular appeal, the interpretation of City Staff be accepted and that Council proceed to consider the appeal. Motion lost for lack of a second. =Z The Mayor then passed the gavel to Councilmember Prieto, who then presided over the meeting. Moved by Mayor Yancy- Sutton and seconded by Councilmember Beaulieu that the appeal filed by Mr. Harper will be considered only if and when the fee is paid, as any other citizen would have to pay on filing an appeal. Motion carried by the following roll call vote: AYES: Mayor Yancy- Sutton, Councilmember Beaulieu and Mayor pro tem Prieto; NOES: Councilmember Straughan; ABSENT: None; ABSTAIN: Councilmember Harper. Mayor pro tem Prieto then passed the gavel back to the Mayor, who then presided over the meeting. 7.A. Appeal No. 4: Appeal by Applicant, Ed Newhart, from Planning Commission decision regarding fencing and a review of the permit in 5 years for PD -992 for an automobile tire store; Location: 460 High Street, approximately 150 feet west of Moorpark Road. The Director of Community Development gave an overview of the project and the appeal which had been filed by the applicant, and the Mayor declared the public hearing to be open. The following persons addressed Council in support of the appeal, requesting reconsideration of the two conditions the subject of the appeal: Ed Newhart, Applicant and Appellant 1431 Acadia, Simi Valley, California John M. Williamson, Attorney for the Applicant 5775 Los Angeles Avenue, Suite 228 Simi Valley, California There being no further public testimony, the hearing was closed. After discussion regarding the imposition of the 5 -year permit review condition and the possibility of referring the matter back to the Planning Commission for further consideration, it was moved by Councilmember Harper that the appeal be denied, which motion died for lack of a second. It was moved by Councilmember Straughan and seconded by Council - member Harper that the matter be referred back to the Planning Commission for review of the imposition of the 5 -year time limitation, which motion carried by the following roll call vote: AYES: Councilmembers Straughan, Harper, and Beaulieu; NOES: Councilmember Prieto and Mayor Yancy- Sutton; ABSENT: None. -4- RECESS The Mayor declared a recess , the time being 9 : 02 p.m. The meeting was reconvened at 9 : 20 p.m. , all members of the Council , being present. 8. COMMENTS FROM COUNCILMEMBERS 8.A. Councilmember Beaulieu stated that he had two items to submit for consideration , as follows : 1 . Terms of office for Commissioners and members of Committees . By general consent, staff was directed to make a policy recommendation for consideration at the next meeting. 2 . Possibility of posting NO PARKING signs on Los Angeles Avenue east of Moorpark Road. Lt. Wells and City Engineer to investigate and report back at next meeting. 8.B. Councilmember Straughan brought up the matter of, the request of Moonlight Productions II to film a TV movie on High Street on September 7 , 1984 , which matter had not been approved earlier in the meeting, stating that he had talked with the representatives during the recess and with Lt. Wells, to see if something could be worked out. He stated that inasmuch as the City Manager would not be available on September 7 to work out details of the filming and that Lt. Wells had indicated his willingness to do so , he would move that Council reconsider the request, which motion was seconded by Councilmember Harper and carried by the following roll call vote: AYES: Councilmembers Straughan, Harper, Beaulieu and Prieto; NOES: Mayor Yancy-Sutton; ABSENT: None. Upon inquiry, Lt. Wells stated that he would have no problem in trying to accommodate the movie company if that be Council ' s direction. Moved by Councilmember Straughan and seconded by Councilmember Prieto that Lt. Wells be authorized to proceed to work out details with the filming company, but with no assurances that he would be able to do so, since much would depend upon their presentation of the required $10 ,000 and documents to him in ample time for processing, and that Lt. Wells be instructed to make certain that the filming will not impede the flow of traffic on High Street, that it will not impede the business activities on High Street, and that permission for the filming be secured from the operators of the stores involved prior to the actual filming. Motion carried by, the following roll call vote : AYES: Councilmembers Straughan, Prieto, Beaulieu and Harper; NOES : Mayor Yancy-Sutton; ABSENT: None. -5- 9. CONSENT CALENDAR By general consent Items A and C were excluded from consideration on the Consent Calendar. 9.B. Closing of Casey Road for High School Football Games Moved by Councilmember Beauli% , seconded by Councilmember Harper and unanimously carried to approve the request of Moorpark Memorial High School for the closing of Casey Road because of football games from 4:00 p.m. to 11:00 p.m., on September 7 and 21, October 4, 12 and 19, and November 2. 9.A. Griffin Park Utilities Because of a possible conflict of interest, Mayor Yancy- Sutton stated that she would not participate in this matter, and handed the gavel to Mayor pro tem Prieto, who then presided over the meeting. Moved by Councilmember Harper, seconded by Councilmember Straughan to authorize reimbursement to Griffin Development Company for water and electrical costs at Paul E. Griffin Sr. Park, from May 1, 1984, as audited and approved by the City Manager. Motion carried by the following roll call vote: AYES: Councilmembers Harper, Straughan, Beaulieu and Mayor pro tem Prieto; NOES: None; ABSENT: None; ABSTAIN: Mayor Yancy - Sutton. 9.C. Approval of Warrant Reqister By unanimous consent this item was continued to later in the meeting. COUNCIL COMMENTS Councilmember Straughan reported that he had called a meeting of the representatives of the press to discuss the location of newsracks at the Community Center, and as a result of that meeting, he moved that Council approve the placement of two newsracks, bolted together for anchoring purposes, at the area in the patio which had been approved at a previous meeting, such placement to be for a six -month period of time, and that a letter of indemnifi- cation be furnished to the City. Said motion was seconded by Councilmember Harper and carried by the following roll call vote: AYES: Councilmembers Straughan, Harper, Prieto and Mayor Yancy- Sutton; NOES: Councilmember Beaulieu; ABSENT: None. Councilmember stated that his opposition was based on his objection to the location in the patio area. 10. REPORTS FROM STAFF 10.A. Planning Staff Rates Chargeable to Projects (Continued from August 15, 1984) The City Manager gave an overview of his report dated August 31, 1984, explaining the methodology used in calculating the costs projected to be chargeable to planning projects. The following person addressed Council questioning such methodology: Louise Rice - Lawson, of Building Industries Association 601 Daily Drive, Camarillo, California After discussion it was moved by Councilmember Harper and seconded by Councilmember Straughan that Resolution No. 84 -130, entitled: A RESOLUTION OF THE CITY OF MOORPARK, CALIFORNIA, FIXING REAL TIME COST ACCOUNTING FEES FOR PLANNING STAFF 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. Moved by Councilmember Harper and seconded by Councilmember Straughan that the fee schedule be brought back to Council for consideration in approximately 6 months; motion carried by the following roll call vote: AYES: Councilmembers Harper, Straughan, Beaulieu, Prieto and Yancy- Sutton; NOES: None; ABSENT: None. RECESS The Mayor declared a recess, the time being 10:55 p.m. The meeting was reconvened at 11:07 p.m., all members of the Council being present. 9.C. Approval of Warrant Register (Held over earlier in Meeting) Moved by Councilmember Harper and seconded by Councilmember Straughan that Warrant Register dated September 5, 1984, listing Demands Nos. 504 through 558, in the total amount of $21,445.32 (after correction of Demand No. 526 to $50.00), 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 issue warrants therefor. -7- 10.B. Easement Deed for Storm Drainage Purposes from California Community Builders, Inc., Re: Knotty Pine Street, Tract 3403. (Continued from August 15, 1984) By general consent this item was continued to the meeting of September 19, 1984. 10.B.1. Area Housing Authority of the County of Ventura - Cooperation Agreement re Senior Citizen Housing (continued from August 15, 1984) By general consent this item was continued to the meeting of September 19, 1984. 10.C. Moorpark JayCees Carnival Request - Moorpark Country Days The City Manager reviewed the report and recommendation of Lt. Wells regarding the proposed carnival and it was moved by Councilmember Straughan, seconded by Councilmember Beaulieu and unanimously carried that the recommendations of the City Manager and Lt. Wells be approved. 10.D. Consideration of Growth Management Ordinance The Director of Community Development gave an overview of the ordinance under consideration by the Council and the following persons addressed Council regarding the matter: Louise Rice - Lawson, Building Industries Association, 601 Daily Drive, Camarillo; suggested that the grading and hillside ordinances and also develop- ment standards for commercial and industrial developments be addressed before time is spent on a growth management ordinance; Vicki Hale, representing the Moorpark Chamber of Commerce and a member of the Board of Directors, requesting that the suggested public hearing on the growth management ordinance be scheduled in four weeks, to give the Chamber of Commerce committee time to review the proposed ordinance. There was a general consensus that a noticed public hearing be held the first meeting in October, 1984. Moved by Councilmember Straughan and seconded by Councilmember Harper that in addition to posting notice of the public hearing to be held on this matter at the meeting of October 3, 1984, in the three designated public places within the City, that the notice of hearing also be published in newspapers circulated in the City, as determined by the City Manager. Motion carried by the following roll call vote: AYES: Councilmembers Straughan, Harper, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. mm 10.E. Mortgage Revenue Bonds The City Manager reviewed his report dated August 31, 1984, and the following person spoke in support of the subject matter: Rob Dick, representing U. S. Condominium, 6685 Princeton Avenue, Moorpark. Moved by Councilmember Straughan and seconded by Councilmember Harper that Resolution No. 84 -131, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK AUTHORIZING APPLICATION TO THE MORTGAGE BOND ALLOCATION COMMITTEE OF THE STATE OF CALIFORNIA FOR AN ALLOCATION TO ISSUE MORTGAGE REVENUE BONDS AND PROVIDING OTHER MATTERS PROPERLY RELATED THERETO 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. RECESS The Mayor declared a recess, the time being 12:20 a.m. The meeting was reconvened at 12:30 a.m., all members of the Council being present. 10.F. Fox Canyon Groundwater Management Agency - FY 83 -84 Management Charge The City Manager presented his report dated August 31, 1984 and requested action from the Council regarding the payment of this particular charge, inasmuch as it was not a budgeted item for fiscal year 1983 -84, stating that there was a $1,000 allocation provided in the budget for fiscal year 1984 -85. Moved by Councilmember Straughan and seconded by Councilmember Harper that the statement for 1983 -84 fiscal year management charge be approved, which motion carried by the following roll call vote: AYES: Councilmembers Straughan, Harper, Prieto and Yancy- Sutton; NOES: Councilmember Beaulieu; ABSENT: None. 10.G. Placement and Maintenance of Stop Signs at Various Locations in City The City Engineer reviewed his report dated September 5, 1984 listing the proposed locations for stop signs, after which it was moved by Councilmember Harper and seconded by Councilmember Straughan that Resolution No. 84 -132, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE PLACEMENT AND MAINTENANCE OF STOP SIGNS AT CERTAIN LOCATIONS WITHIN THE CITY. 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. 10.H. School Crossing Guards 1. Adopt Standards 2. Approve Agreement and Authorize Execution The City Manager reviewed his report dated August 30, 1984, and it was moved by Councilmember Beaulieu and seconded by Council - member Harper that the Ventura County School Crossing Guard Policy and Standards, be adopted; that Staff be directed to report back concerning possible refinements to said policy; and that the Crossing Guard Agreement be approved and the Mayor and City Clerk authorized to execute same on behalf of the City, which motion carried by the following roll call vote: AYES: Councilmembers Beaulieu, Harper, Prieto, Straughan, and Mayor Yancy- Sutton; NOES: None; ABSENT: None. 10.I. Traffic Regulation - Varsity Park Plaza Shopping Center Moved by Councilmember Harper, seconded by Councilmember Straughan and unanimously carried that the request of Varsity Park Plaza Shopping Center for the City to assume traffic enforcement in the shopping center be set for public hearing September 19, 1984, at 7:00 p.m. and that the City Clerk be instructed to provide written notice to the property owner pursuant to the provisions of Section 21107.6 of the California Vehicle Code. 11. ORDINANCES /RESOLUTIONS ll.A. Ordinance Regulating Hot Air Balloons The City Attorney presented her report dated August 23, 1984, together with a proposed ordinance for consideration. The following persons addressed Council in opposition to the adoption of a regulatory ordinance: Frank B. Jones, of Dream Weaver Balloons 1705 N. Allen Avenue, Pasadena, CA 91104 Owen Keowy, of Southern California Balloon Association 24800 Pluma Road, Malibu, California 90265 Gerry Spencer, 790 Poindexter Avenue, Moorpark Gerald Goldstein, 11932 Los Angeles Avenue, Moorpark -10- After discussion it was moved by Councilmember. Straughan that the ordinance be re- written to address the issues of landing on private property, which motion lost for lack of a second. It was then moved by Councilmember Harper, seconded by Council- member Prieto and unanimously carried that the draft ordinance be tabled and if there are any more complaints in the community the matter can be brought forward again. 11.B. Ordinance No. 28, Penalties for Violation of Municipal Code. The City Attorney presented Ordinance No. 28, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE MOORPARK MUNICIPAL CODE BY REVISING SECTIONS 1.01.200, 1.01.210, 1.01.220 AND 1.01.230 AND BY ADDING SECTIONS 1.01.205 AND 1.01.240 RELATIVE TO THE VIOLATION OF THE MUNICIPAL CODE AND CITY ORDINANCES AND THE PENALTIES THEREFOR. Moved by Councilmember Straughan, 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. 28, entitled as above set forth, be introduced, which motion carried by the following roll call vote: AYES: Councilmembers Harper, Straughan, Beaulieu, Prieto and Mayor Yancy- Sutton. 11.C. Ordinance No. 29, Modifying Mobile Home Park Rent Control Ordinance re exemptions The City Attorney presented Ordinance No. 29, entitled: AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING PARAGRAPH (f) OF SECTION 2 OF ORDINANCE NO. 7 OF SAID CITY, REGULATING MOBILE HOME PARK RENTS. 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. 29, entitled as above set forth, be introduced, which motion carried by the following roll call vote: AYES: Councilmembers Harper, Straughan, Beaulieu, Prieto and Mayor Yancy- Sutton. -11- 12. FUTURE AGENDA ITEMS 12.A. Councilmember Harper stated he would like a discussion at a future Council Meeting regarding alternatives to amend the Code concerning the filing of appeals . 12.B. Councilmember Beaulieu requested that the Business License issue be placed on a future Council agenda. 13. ADJOURNMENT Mayor Yancy-Sutton stated that the meeting would be adjourned in memory of Bill Whitaker, a long-time resident and businessman of Moorpark. The meeting was then adjourned by unanimous consent, the time being 1 :25 a.m. Respectfully submitted, . , / City Cler APPROVED: Mayor