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HomeMy WebLinkAboutMIN 1990 1003 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California October 3, 1990 A Regular Meeting of the City Council of the City of Moorpark was held on October 3, 1990, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: The meeting was called to order by Mayor Perez at 7:30 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Brown 3. ROLL CALL: Present: Councilmembers Brown, Harper, Lawrason, Montgomery and Mayor Perez. Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Susan Cauldwell, Assistant to the City Manager; John Knipe, City Engineer; Lt. Rodriguez, Sheriff's Department; Pat Richards, Director of Community Development; Paul Porter, Senior Planner; Debbie Traffenstadt, Senior Planner; Ken Gilbert, Public Works Director; Phil Newhouse, Director of Community Services; Cheryl Kane, City Attorney; Lillian Kellerman, City Clerk; Dorothy Vandaveer, Deputy City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Introduction of new City employees: Colleen Daleske was not present and will be introduced at the meeting of October 17, 1990. Matt Cummings and Jim Odell were introduced by Ken Gilbert. B. Introduction of City's Contract Landscape Architect, David Barwick. Pat Richards introduced Mr. Barwick and Mayor Perez welcomed him to the City organization. 5. 6. Minutes of the City Council Moorpark, California Page 2 October 3, 1990 C. City Recognition of Volunteer Service for the 1990 Census Public Outreach Effort. Mayor Perez read the names of individuals and organizations participating in the 1990 Census Public Outreach Effort and Councilmember Brown presented the Certificates of Recognition. D. City Recognition of Summer Youth Employment Program Participants. Councilmember Montgomery read the names of those participating in the Summer Youth Employment Program and Councilmember Lawrason handed out a Certificate of Recognition to Noemi Ruiz. E. City Recognition of Employee Participation in United Way "Day of Caring ". Councilmember Harper read the names of and commended those City employees participating in the "Day of Caring ". F. Proclamation to dedicate October 6 through 13, 1990 as National Fire Prevention Week. Councilmember Lawrason read the proclamation. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mr. Kueny requested that the Council add "Country Days Permits" to the agenda, the need for action having arisen since the posting of the agenda. He asked the Council to concur with the action recommended in the staff report. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to add "Country Days Permits" to the agenda as item 8.0., the need for action having arisen since the posting of the agenda. The motion carried by unanimous voice vote. PUBLIC COMMENT: Bernie Seeley, 337 Shasta Avenue, spoke in protest of the air compressor located exterior to the building at 5384 Kazuko Court. He indicated that the noise from the compressor where it is located is very disruptive to surrounding residents. He expressed concern about the safety of the compressor, also, due to its high voltage and the fact it is a belt- driven device. 7. 8. Minutes of the City Council Moorpark, California Page 3 October 3, 1990 Steve Brodsky, 4572 Vista Del Valle, spoke regarding the Law Enforcement Assistance Program (L.E.A.P). He explained that the scope of the program has been expanded from the original Graffiti Busters proposal to include traffic control, first aid and civil disaster response capabilities. Bill Lehto, 1589 Lirio Street, Saticoy, spoke as a salesman representing E. J. Harrison & Sons. He explained that his firm was unaware that the subcommittee was reviewing the rubbish franchise and requested they be considered for residential rubbish removal service. Teresa A. Cortes, 12425 Villa Avenue, stated her gratitude for the Villa Campesina homes. She expressed thanks to all for the efforts that have been put forth for that project. Tom Thompson, 12623 Hillside Drive, inquired about the status of the widening of Tierra Rejada Road. He said he came close to being involved in an accident there previously. Mr. Kueny indicated that there are five utility companies who will not pay for the relocation of the utilities so the road widening can begin. He stated it is a Closed Session item. Councilmember Harper suggested it might be effective if groups within the community contacted the utility companies and showed their dissatisfaction. COMMITTEE REPORTS: Councilmember Brown reported on the proposed Commuter Rail Program and stated that the City of Moorpark is a proposed terminal for this system. Councilmember Lawrason reported that the Public Works Committee was working on the Refuse Franchise and that a recommendation would be forthcoming soon and that it will also include recycling elements. CONSENT CALENDAR: (Roll Call Vote) MOTION: Councilmember Montgomery moved and Councilmember Brown seconded a motion to pull items 8.G., 8 . I . , and 8.K. for individual consideration and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. Minutes of the City Council Moorpark, California Page 4 October 3, 1990 A. Consider Approval of Minutes of the Regular City Council Meeting of September 5. 1990. Consider Approval of Minutes of the Special City Council Meeting of September 5. 1990. Consider Minutes of the Joint General Plan Update Workshop #4 of July 9. 1990. Consider Minutes of the Joint General Plan Update Workshop #5 of September 10, 1990. Consider Approval of Minutes of the Special City Council Meeting of September 12, 1990. Staff Recommendation: Approve minutes as processed. B. Warrant Register 1989/90 Warrants 1990/91 Manual Warrants Voided Warrants 12631 12445, 12448 - 12454, 12536 - 12541 12553 - 12603 $ 3,927.26 $47,350.00 Warrants 12604 - 12698 $232,697.39 C. Consider LDM 89 -6 (West America) - Approval of Final Map. Staff Recommendation: Approve the final map for LDM 89 -6. D. Consider PD -1055 (Feller) - Acceptance of Improvements. Staff Recommendation: Accept PD -1055 as complete. E. Consider Additional Appropriation for Architectural Services - Community Center. Staff Recommendation: Appropriation be increased to $10,400. F. Consider Resolution Authorizing Destruction of Personnel Applications Received Prior to 9130188. Staff Recommendation: Adopt Resolution No. 90- H. Consider Air Ouality Information for Mission Bell Plaza. Staff Recommendation: Receive and File. Minutes of the City Council Moorpark, California Page 5 October 3, 1990 J. Consider Special City Council Meeting to Review Sphere of Influence Expansion Study Area Land Use Plan. Staff Recommendation: Council schedule to meet on October 10, 1990 at a special meeting to discuss the revised land use plan. L. Consider Carlsberg Amended PBR Contract. Staff Recommendation: Approve the amended contract and authorize the Mayor to sign. M. Consider Job Description for Code Enforcement Technician. Staff Recommendation: Accept staff recommendation for the new position classification. N. Consider Fee Waiver for Moorpark Youth Activities Committee Use of Community Center for a "Volunteer Appreciation" Dinner. Staff Recommendation: Waive Fees. O. Consider Country Days Permits. Staff Recommendation: Concur with the permits recommended for processing as presented in the staff report. The following items were pulled from the Consent Calendar for individual consideration: G. Consider Traffic Speed Study (Phase II) - Consider Engineer Report Recommending Speed Limits for State Routes within the City. Staff Recommendation: Approve Phase II of Traffic Speed Study, Adopt Resolution No. 90- 712 establishing speed limits for State Route 23; and adopt Resolution No. 90 -711 establishing speed limits for State Route 118. Councilmember Lawrason stated that the approval of the Traffic Speed Study meant that speeds on these routes within the City would remain the same. He indicated that the study was prepared in order to comply with the provisions of the California Vehicle Code pertaining to the use of radar for the enforcement of speed laws. Lieutenant Rodriguez stated that the Sheriff's Department now has the authority to use radar to enforce the speeds that were previously unenforceable. ZN Minutes of the City Council Moorpark, California Page 6 October 3, 1990 MOTION: Councilmember Lawrason moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to approve Phase II of the Traffic Speed Study, Adopt Resolution No. 90 -711 establishing speed limits for State Route 118; Adopt Resolution No. 90 -112 establishing speed limits for State Route 23. The motion carried by unanimous voice vote. I. Consider Report on Possible Water Rate Increase by Water Works District I. Staff Recommendation: Receive and file. Councilmember Brown stated that she wanted the citizens to be aware of the proposed tiered rate structure which she felt penalized the person already practicing water conservation. MOTION: Councilmember Brown moved and Mayor Perez seconded a motion to receive and file the report. The motion carried by unanimous voice vote. K. Consider Appropriation of Funds from the Communit Development Fund to pay for Revised General Plan Update Land Use Plan Preparation. Staff Recommendation: Direct that an additional $6,000 be appropriated from the Community Development Fund to pay for the revised land use plan for the Sphere of Influence Expansion Study Area. Councilmember Harper indicated that he pulled the vote so that an individual vote could be recorded. MOTION: Councilmember Montgomery moved and Councilmember Brown seconded a motion to approve the staff recommendation to appropriate an additional $6,000 from the Community Development Fund to pay for the revised land use plan for the Sphere of Influence Expansion Study area. The motion carried by roll call vote 4 -1, Councilmember Harper dissenting. PUBLIC HEARINGS: A. Consider Zoning Ordinance Update. Staff Recommendation: Review the revised changes to the draft zoning ordinance (Continued Item 9.B. of 9/19/90) Mr. Kueny indicated that if there were no changes to the draft ordinance, the Council could conclude with the item and send it back to staff to proceed through the normal introduction process for an ordinance, going back to the Planning Commission to begin the public hearing process. Minutes of the City Council Moorpark, California Page 7 October 3, 1990 There were no speakers present for this item. Mayor Perez closed the public hearing. MOTION: Councilmember Brown moved and Councilmember Lawrason seconded a motion to direct staff to follow the normal public hearing process with regard to introduction of the ordinance. The motion carried by unanimous voice vote. B. Consider a Requirement to Install Low -Water Consumption Fixtures and Devices in all New Construction. Staff Recommendation: Introduce Ordinance No. 130. (Continued Item 9.D. from 9/19/90) Pat Richards gave the staff report. There being no speakers present for this item, Mayor Perez closed the public hearing. Ms. Kane read the ordinance title. MOTION: Councilmember Brown moved and Councilmember Lawrason seconded a motion to read the ordinance by title only. The motion carried by unanimous voice vote. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to waive further reading and declare Ordinance 130 introduced and read for the first time. The motion carried by unanimous voice vote. 10. COMMENTS FROM COUNCIL MEMBERS: Councilmember Brown stated that she was glad rebates on the Lighting and Landscaping District were going out. Councilmember Harper requested a report on the status of the turf at Peach Hill Park. Mayor Perez invited everyone to participate in the Country Days celebration. Mayor Perez requested a report back at the next meeting on any response from CalTrans regarding the 118 westerly extension. Minutes of the City Council Moorpark, California Page 8 11. ACTION /DISCUSSION ITEMS: October 3, 1990 A. Consider Code Enforcement Priorities and 9 Month Activity Report. Staff Recommendation: Direct staff as deemed appropriate and receive and file report. (Continued Item 11.B. from 9/19/90) Pat Richards gave the staff report. Mayor Perez states that he and Councilmember Brown met on this item and still had some follow -up work to do. MOTION: Councilmember Brown moved and Mayor Perez seconded a motion to continue the item. The motion carried by unanimous voice vote. B. Consider Amending Youth Dance Rules. Staff Recommendation: Conduct separate 6th grade, 7th grade and 8th grade, and 9th grade - 12th grade dances. (Continued Item 11.E. from 9/19/90) Mr. Newhouse gave the staff report. He indicated that there is a concern by the Moorpark Youth Activities Committee about the need for chaperons and that the need may be filled by compensating them to chaperon the dances. In response to Councilmember Brown, Mr. Newhouse said that approximately 150 -200 teens have been attending each dance. Mayor Perez suggested that perhaps the service organizations in the City can be solicited for volunteers to chaperon the dances. MOTION: Mayor Perez moved and Councilmember Harper seconded a motion to refer the item to a committee consisting of Councilmember Harper and Mayor Perez for review and to continue the item until October 17, 1990. AMENDMENT: Councilmember Brown moved and Councilmember Harper seconded an amendment that a representative of the Parks & Recreation Commission be a member of the proposed committee. The amendment carried by unanimous voice vote. VOTE ON THE MAIN MOTION AS AMENDED: The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 9 October 3, 1990 C. Consider Rescinding Ordinance No. 77 Related to Filling Vacancies on City Council. Staff Recommendation: Direct staff as deemed appropriate. (Continued Item 11.G. from 9/19/90). In response to Councilmember Harper, Cheryl Kane explained that as a General Law City, the Council has 30 days within which to make an appointment to the Council. With Ordinance No. 77 in place, if an appointment is made within that 30 days, that person will serve only until a Special Election is held. By State law, the Special Election will be called in March, 1991. However, if the Council fails to make an appointment within that 30 days, the Council would still be required to call a Special Election for March, 1991. Ms. Kane continued by saying that if Ordinance No. 77 is repealed and the Council appoints a person, that appointee will serve the remaining portion of term for approximately two years. However, if Ordinance No. 77 is left in place and the Council appoints a person, the appointee will only serve through the election of March, 1991. MOTION: Councilmember Brown moved and Mayor Perez seconded a motion to receive and file the report. The motion carried by unanimous voice vote. D. Consider DP 338 (Minor Modification No. 1) Request to Locate an Air Compressor Outside an Industrial Building in a Masonry Enclosure. Staff Recommendation: Receive and file. (Continued Item 8.K. from 9/19/90) Mr. Richards indicated that the City did receive letters from adjacent property owners regarding this item. Councilmember Brown stated that she and Councilmember Harper had viewed the situation. Councilmember Harper said that the relocation of the compressor may not be necessary with the building of an enclosure for the air compressor. By consensus, the applicant, Merlin Spencer, 5384 Kazuko Court, was allowed to speak. He stated that the hours of operation for this business are from 7:00 a.m. - 4:30 p.m. and that it is essential that they adhere to those hours. Mr. Spencer said he feels it is necessary for his company to contact a certified acoustical engineer for consultation regarding this item. Minutes of the City Council Moorpark, California Page 10 October 3, 1990 MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to adopt the proposed conditions; leaving interim use open while the committee staff explores and reports back on the possibility of using bottled gas. THE MOTION WAS WITHDRAWN. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to take no action but continue the item to October 17, 1990; the applicant to provide the manufacturer, and model number of the compressor and committee /staff to talk directly to the manufacturer regarding compressor requirements and the possible use of bottled gas. The motion carried by unanimous voice vote. E. Consider Support of League of California Cities "Operation Budget Freedom" Program. Staff Recommendation: Support League's Program. Mr. Kueny gave a brief staff report recommending support of the League's Program. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to support the League's "Operation Budget Freedom" program and direct the Council's Budget and Finance Committee and staff to proceed with the recommended activities. The motion carried by unanimous voice vote. AT 9:20 P.M. a twenty- minute recess was called. F. Reconsider PD -1048 - An Expired Commercial Project at the Northwest Corner of High Street and Moorpark Avenue (Colin Velasquez )-. Staff Recommendation: Direct staff as deemed appropriate. Mr. Richards gave the staff report. Councilmember Harper expressed his support for the design of the building and the fact that it would be an attractive addition to the west end of High Street. CONSENSUS: By consensus the Council determined to have this item returned to a future agenda after determination by the City Attorney as to the procedure for renewal of the project application and staff's review of conditions under which the project was previously approved and what new conditions should be added. Minutes of the City Council Moorpark, California Page 11 October 3, 1990 G. Consider Moorpark Law Enforcement Assistance Program - A Citizen Patrol. Staff Recommendation: Receive and file. Lieutenant Rodriguez gave the staff report. He said he still has not received any written confirmation from Ventura County Counsel regarding their earlier findings. He advised the Council that if any civil litigation were to come to pass that both the City and the County would probably be named. In response to Councilmember Brown, Lieutenant Rodriguez stated there will be a minimal time commitment for training purposes. Mayor Perez expressed concern with the time demand placed on the Sheriff's Department Community Services Officer and with the expense involved for additional staff time and equipment. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to support Lt. Rodriguez in his efforts working with the Law Enforcement Assistance Program group (LEAP) ; to direct that a report be returned listing, on an annual basis, the costs, equipment needs, number of citizens to be involved, general work plan and focus of activity for the group; the outstanding liability and confidentiality issues to be resolved; and the report to contain information on similar programs in other cities. The motion carried by unanimous voice vote. 12. ORDINANCES: None were presented. 13. FUTURE AGENDA ITEMS: Councilmember Harper requested a future agenda item regarding the Ventura Arts Council Advisory Committee. Councilmember Harper requested a future agenda item regarding providing the Chamber of Commerce with an agenda packet. Minutes of the City Council Moorpark, California Page 12 October 3, 1990 14. CLOSED SESSION: MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to adjourn to Closed Session for a discussion of all items listed on the agenda: -,A. Personnel. \,B. Potential litigation pursuant to Government Code Section 54956.9 (b) (1) . C. Potential litigation pursuant to Government Code Section 54956.9(c). D. Litigation concerning City of Moorpark vs. Moorpark Unified School District. E. Litigation concerning Moorpark Unified School District vs. City of Moorpark. F. Litigation concerning Ventura County Community College District vs. City of Moorpark. G. Litigation concerning the County of Ventura vs. City of Moorpark. H. Negotiations for Real Property on the North Side of Tierra Rejada Road East of Spring Road (Pacifica Corp.) pursuant to Government Code Section 54945.8. I. Litigation concerning the Moorpark Mosquito Abatement District vs. City of Moorpark. J. Litigation concerning Colonial Mortgage vs. the City of Moorpark \K. Negotiations for Real Property at 289 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54945.8 L. Negotiations for Real Property on Los Angeles Avenue (East) pursuant to Government Code Section 54945.8. M. Negotiations for Real Property for a portion of Moorpark Community College (Ventura County Community College District) pursuant to Government Code Section 54945.8. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 13 October 3, 1990 AT THIS POINT in the meeting a recess was declared. The time was 10:31 p.m. The meeting reconvened into Closed Session at 10:40 p.m. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney and Pat Richards, Director of Community Development. Mr. Richards left Closed Session at 11:05 p.m. The meeting reconvened into Open Session at 11:54 p.m. Mr. Kueny reported that only items 14.A., 14.B., 14.C. 14.K. and 14.M. had been discussed in Closed Session and the action to report out of Closed Session is that the City Council determined it was no longer interested in the Moorpark College property that is the subject of item 14.M. 15. ADJOURNMENT: MOTION• seconded a 10, 1990. ATTEST: Councilmember Brown moved and Councilmember Harper motion to adjourn the meeting to 6:00 p.m. on October Bernardo M. Perez, Mayor