HomeMy WebLinkAboutMIN 1991 0320 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California March 20, 1991
A Regular Meeting of the City Council of the City of Moorpark was
held on March 20, 1991 in the Council Chambers of said City located
at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Lawrason called the meeting to order at 7:15 p.m.
A moment of silence was observed for those serving in the
Persian Gulf war.
2. PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Councilmember Talley.
3. ROLL CALL:
Present: Councilmembers Montgomery, Perez, Talley,
Wozniak, and Mayor Lawrason.
Steven Kueny, City Manager; Richard Hare,
Deputy City Manager; Cheryl Kane, City
Attorney; Pat Richards, Director of
Community Development; Lt. Rodriguez,
Sheriff's Department; Ken Gilbert,
Director of Public Works; Susan
Cauldwell, Assistant to the City Manager;
Phil Newhouse, Director of Community
Services; Charles Abbott, City Engineer;
Carolyn Greene, Management Analyst;
Lillian Kellerman, City Clerk; Dorothy
Vandaveer, Deputy City Clerk.
4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS:
Proclamation recognizing March, 1991 as Women's History
Month.
Mayor Lawrason presented the proclamation to
representatives of the Ventura County Commission for
Women, Connie Lawrason, Karen Flock, and Anna McVerry.
Proclamation recognizing the Mountain Parks Information
Service on the first anniversary of their operation.
Councilmember Montgomery presented the proclamation to
Rorie Skei from the Santa Monica Mountains Conservancy.
Minutes of the City Council
Moorpark, California Page 2
March 20, 1991
Proclamation honoring John Allen Torres for his
achievement of Eagle Scout.
Mayor Lawrason presented the proclamation honoring John
Torres for his achievement of Eagle Scout.
5. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
6. PUBLIC COMMENT:
BY CONSENSUS: By consensus the Council determined to
allow Mike Smith, 195 West Los Angeles Avenue, Simi,
representing G.I. Rubbish, and Jim Safechuck, 5527
Geoffrey Avenue, Simi, representing Moorpark Rubbish,
speak during discussion of Item 11.B.
Tom Thompson, 12623 Hillside Drive, spoke in opposition
to the scheduling of the Cinco de Mayo event by the Parks
and Recreation Commission one week prior to the Holy
Cross festival. He also spoke in opposition to the
cablevision rate increase in Mountain Meadows.
John Collins, 4258 Countrymeadow, spoke in opposition to
the scheduling of the Cinco de Mayo event by the City
Parks and Recreation Department. He urged the City to
coordinate with Holy Cross Church for this activity in
the future.
Tom Zanic, 520 Broadway, Santa Monica, representing Urban
West Communities presented Mayor Lawrason with a $1
million check for the construction of the Community Use
Building at Arroyo Vista Community Park.
Michael Ellis, 6678 N. Berkeley Circle, spoke as
chairperson for the Holy Cross Festival. He expressed
concern that it will be detrimental to both the church
festival and the City's festival if they are scheduled so
close together (a week apart) . He requested that the
Parks and Recreation Commission postpone their festival
until later in the year.
Gus Martell, 523 Stoney Peak Court, Simi Valley, spoke in
opposition to the Cinco de Mayo event scheduling.
Bob Donahue, 12956 Sleepy Wind Street, requested that the
Parks and Recreation Commission reschedule their Cinco de
Mayo event.
Minutes of the City Council
Moorpark, California Page 3
March 20, 1991
BY CONSENSUS: By consensus the Council determined to
allow James Jevens, 300 Esplanade Drive, #1640, Oxnard,
to speak during discussion of Item 11.J.
Marge Nelson, 13702 Donnybrook Lane, spoke as the Parish
Administrator for Holy Cross Church. She indicated that
the City should reschedule the Cinco de Mayo event.
Father Joseph Cosgrove, 13539 Adlena Place, requested the
rescheduling of the Parks and Recreation Department's
Cinco de Mayo event.
Gary Anderson, 11990 Havencrest Street, expressed concern
regarding the possible rate increase for Mountain Meadows
cable television users. He indicated that homeowners
have already paid for their cable connections and they
should not have to pay again.
Dick Fraze, 12117 Cherry Grove Street, spoke in support
of the Holy Cross Festival and indicated that the City's
Cinco de Mayo event is causing unfair competition for
this event.
Neil Dreiseszun, 12251 Cherry Grove Street, indicated
that he personally has not received a notice regarding
the cablevision rate increase, but he believes it is
because he signed a year -long contract with Entertainment
Express. He stated that he does not agree with the
increase.
Connie Lawrason, 4291 Ambermeadow Street, gave a report
on the CTAC meeting she had attended on March 12. A
press release from Tom McClintock's office regarding the
Highway 118 weigh station was read. Mrs. Lawrason also
indicated that she had toured the Southern California
Edison plant in Irwindale recently and she suggested that
others do the same. She also pointed out that
applications for SB 821 funds are due on Friday, March
22, by 5:00 p.m.
Beverly Alberts, 4007 Weeping Willow, spoke in opposition
to the Cinco de Mayo event that has been scheduled by the
Parks and Recreation Department.
Robert Coughlon, 11955 Silvercrest Street, spoke as
President of the Chamber of Commerce. He requested
support of the interim funding for the Chamber until the
item can be addressed during the City's budget review in
June.
Minutes of the City Council
Moorpark, California Page 4 March 20, 1991
Mr. Coughlon expressed concern and opposition regarding
the cable television rate increase in Mountain Meadows.
He also requested that the City reschedule the Cinco de
Mayo event so it does not detract from the Holy Cross
festival.
Linda Plaks, 4957 Mira Sol Drive, spoke representing the
Chamber of Commerce. She explained that a new committee
has been formed to implement a business watch program in
the downtown area. She is the chairperson of this
committee and said they will be moving forward quickly
with the program in coordination with the Sheriff's
Department. Mrs. Plaks also expressed support for the
proposed relocation of the post office to the downtown
area. In addition, she proposed that the scheduling
conflict between the City's Cinco de Mayo festival and
the Holy Cross Catholic Church celebration can be avoided
in the future when the Chamber develops the master
calendar for activities and businesses in Moorpark.
Brenda Chiari, 14738 Loyola Street, requested that
"Children at Play" signs be posted in her neighborhood in
addition to speed limit signs.
Elgin S. Brooks, 12109 Arbor Hill Street, expressed
opposition to the cable television rate increase.
Eloise Brown, 13193 E. Annette Street, stated that the
per outlet charge proposed by Entertainment Express is
already used by Ventura County Cablevision. Also, she is
writing a letter of support for Senate Bill 12 concerning
cable regulation. Mrs. Brown spoke opposing the proposed
use of Gann funds for the Chamber of Commerce Agreement.
Steve Sill, 12419 Willow Forest, stated that he believed
the CC &R's of the Mountain Meadows Homeowner's
Association can be overridden to allow homeowners to
place satellite dishes on their private property. He is
opposed to the rate increase in Mountain Meadows.
Patty Stuckey, 4468 Cedarglen, stated that she is a
former employee of Urban West. She said Urban West
offered the options of cable television hookups to new
homeowners at a cost of $60.00 each. She said purchasers
were told at the time they bought their homes that they
owned the wiring. Ms. Stuckey said she spoke with Marc
Sklar at Entertainment Express who indicated that
Entertainment Express has the right to come on the
property and disconnect the hookups if the fees are not
paid by the homeowner.
Minutes of the City Council
Moorpark, California Page 5
March 20, 1991
Patti Smith, 12686 Countrymeadow Street, spoke as
President of the Mountain Meadows Neighborhood Council.
She said the homeowners in Mountain Meadows are going to
fight the increase.
Mary Horton - Wozniak, 735 Charles Street, representing the
Environmental Coalition of Moorpark, expressed support of
item 8.D., Telephone Book Recycling Program, and item
8.E., Curbside Recycling Program.
Bruce McBride, 4007 Doneva, stated his opposition to the
cable television rate increase.
BY CONSENSUS: By consensus the Council determined to
allow Ed Jones, 5135 Island Forest Place, Westlake
Village, representing Harrison Rubbish, to speak during
the discussion of Item 11.B.
Geret N. Kritzer, 12794 Summer Street, chose not to
speak.
Dick Fraze, 12117 Cherry Grove Street, spoke in
opposition to the cable television rate increase.
Gerald Goldstein, 11932 Los Angeles Avenue, saluted John
Allen Torres for his achievement of Eagle Scout. He
stated that it appears to him that the cable television
wiring in Mountain Meadows homes belongs to the
homeowners. He suggested that the $2,000 proposed for
the Chamber of Commerce be given to the Moorpark Library
instead.
Sandi Thompson, 13154 Westport Street, spoke as a Parks
and Recreation Commissioner. She thanked the City
Council for allowing the Commissioners to attend the
recent seminar which addressed Parks and Recreation
issues.
7. COMMITTEE REPORTS:
Councilmember Montgomery indicated that he had given each
member of the Council a Waste Commission Report.
8. CONSENT CALENDAR (Roll Call Vote):
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to pull items 8.C., 8.K., and
approve the balance of the Consent Calendar. The motion
carried by unanimous roll call vote.
Minutes of the City Council
Moorpark, California Page 6
March 20, 1991
A. Consider Approval of Minutes of Regular Meeting of
City Council of February 20, 1991.
Consider Approval of Minutes of Regular Meeting of
City Council of March 6, 1991.
Consider Approval of Minutes of Special Meeting of
City Council of March 6, 1991.
Consider Approval of Minutes of Special Joint
Meeting of City Council and Moorpark Unified School
Board of January 30, 1991
Consider Approval of Minutes of Adiourned Joint
Meeting of City Council and Planning Commission of
April 30, 1986.
Consider Approval of Minutes of Adiourned Meeting
of City Council of December 8, 1986.
Staff Recommendation: Approve minutes as
processed.
B. Warrant Register
Manual Warrants 14752 - 14757,
14834 - 14836 $
10,560.92
Warrants 14844 - 14930 $
87,129.29
D. Consider Telephone Book Recycling Program. Staff
Recommendation: Receive and file.
E. Consider Curbside Recycling Program. Staff
Recommendation: Receive and file.
F. Consider Report Regarding the Status of
Unreinforced Masonry Buildings in the City. Staff
Recommendation: Receive and file.
G. Consider Lot Line Adjustment LLA 91 -1 (Asadurian).
Staff Recommendation: Receive and file.
H. Consider Resolution 91 -747 Establishing No Stopping
on East Side of Gabbert Road from Los Angeles
Avenue to Commerce Avenue. Staff Recommendation:
Adopt Resolution No. 91 -747.
Minutes of the City Council
Moorpark, California Page 7
March 20, 1991
I. Consider Resolution 91 -748 Amending Resolution No.
87 -399 as it Pertains to Parking Restrictions on
Mountain Meadows Drive North of Tierra Reiada Road.
Staff Recommendation: Adopt Resolution No. 91 -748.
J. Consider Approval of City Manager Approved Contract
with Republic Fence for Chain Link Fence
Construction /Repair Contract. Staff
Recommendation: Receive and file.
L. Consider Acceptance of Temporary Slope Construction
Easement on Tierra Reiada Road East of Spring from
Carlsberg Financial Corp. Staff Recommendation:
Accept easement and authorize City Clerk to execute
Certificate of Acceptance and record document.
M. Consider AB 2092 (Sher) - Legislation to Extend
Source Reduction and Recycling Element (SRRE) and
Household Hazardous Waste Element (HHWE) Deadlines.
Staff Recommendation: Authorize Mayor to sign a
letter supporting AB 2092.
N. Consider Moving 1991/91 Community Development Block
Grant (CDBG) Public Hearing Date from March 20 to
April 3, 1991. Staff Recommendation: Change
public hearing date for 91/92FY CDBG to April 3,
1991.
O. Consider Community Services Officer's 1990 Annual
Report. Staff Recommendation: Receive and file.
P. Consider Revised Recreation Services Contract.
Staff Recommendation: Approve form of agreement
and authorize City Manager to sign on behalf of the
City.
The following items were pulled from the Consent Calendar
for individual consideration:
C. Consider Resection of Claims Concernina Fern Valle
Court Subsidence: 1) Richard & Beverly Crispo, 2)
White Trust, 31 Stan and Linda Ziarniak, 41 Jayne
and Walter Johnson, 5Z Claudia Troispoux. Staff
Recommendation: Reject the claims and direct staff
to notify the claimants.
In response to Councilmember Perez Mr. Hare
indicated that the City's claims administrator,
Carl Warren and Associates recommended rejection of
the claims.
Minutes of the City Council
Moorpark, California Page 8
March 20, 1991
MOTION: Councilmember Perez moved and Councilmember
Wozniak seconded a motion to approve the staff
recommendation to reject the claims and direct staff to
notify the claimants. The motion carried by unanimous
voice vote.
K. Consider Status Report Regarding Tree removal at 75
Park Lane (PD -1066 - Liston). Staff
Recommendation: Receive and file.
Mr. Richards reported on the status of the project
saying that a revised landscape plan had not yet
been received. He said that unless the plan was
received very quickly, the minor modification would
not be able to appear on the April 3, 1991 City
Council agenda.
Councilmember Montgomery requested that a status
report appear on the April 3, 1991 agenda relative
to this project if the minor modification was not
submitted.
BY CONSENSUS: By consensus the Council determined that
a status report should appear on the April 3, 1991 agenda
if the minor modification was not submitted.
MOTION: Councilmember Montgomery moved and Councilmember
Talley seconded a motion to receive and file the report.
The motion carried by unanimous voice vote.
9. PUBLIC HEARINGS:
None.
10. COMMENTS FROM COUNCIL MEMBERS:
A. Consider Appointment to County Arts Committee
Advisory Panel.
Ms. Kellerman gave the staff report, indicating
that only the nomination of Bill Poleri from the
Moorpark Community Arts Committee had been received
prior to the deadline for submittal.
MOTION: Mayor Lawrason moved and Councilmember
Montgomery seconded a motion to appoint Bill Poleri to
the County Arts Committee Advisory Panel. The motion
carried by unanimous voice vote.
Minutes of the City Council
Moorpark, California Page 9
March 20, 1991
B. Consider Appointment of Two Planning Commissioners.
MOTION: Mayor Lawrason moved and Councilmember Talley
seconded a motion to continue the item to the April 3,
1991 meeting. The motion carried by unanimous voice
vote.
C. Consider Appointment of Parks & Recreation
Commissioner.
MOTION: Mayor Lawrason moved and Councilmember Perez
seconded a motion to appoint Ginger Stratton to the Parks
and Recreation Commission. The motion carried by
unanimous voice vote.
Councilmember Talley said he believed Ms. Stratton
would do a fine job on the Parks and Recreation
Commission.
AT THIS POINT in the meeting Mayor Lawrason declared a
recess. The time was 9:00 p.m. The meeting reconvened
at 9:20 p.m.
11. ACTION /DISCUSSION ITEMS:
A. Consider Report on Mountain Meadows Cable Franchise
Agreement. Staff Recommendation: Authorize Budget
and Finance Committee to discuss items of concern
in the agreement with Mountain Meadows Cablevision.
Mr. Hare gave the staff report.
In response to Councilmember Wozniak, Ms. Kane said
that a city cannot prohibit satellite dishes
outright. A city would have some right to restrict
their location. Ms. Kane also explained that
cable companies must run their cable through public
right -of -way and that is what allows the City the
right to develop franchise agreements with them.
After discussion by the Council of concerns with
the rate increase in Mountain Meadows and lack of
compliance of Entertainment Express with elements
of the franchise agreement, the following motion
was heard:
Minutes of the City Council
Moorpark, California Page 10
March 20, 1991
MOTION: Councilmember Montgomery moved and Councilmember
Talley seconded a motion to (1) assign the Budget and
Finance Committee to meet with Entertainment Express to
discuss their lack of compliance with elements of the
current franchise agreement, the Committee to investigate
these violations and work with staff to gain compliance
from the grantee while pursuing resolution of the rate
increase to the best of their ability; (2) send letters
to the congressional delegation and the Federal
Communications Commission to express the need for redress
of the inability of local government to regulate the
rates charged by cable operators; (3) assign the Budget
and Finance Committee the task of constructing an
ordinance to allow satellite dishes and other types of
antenna throughout the city, criteria to be established
for locating such on private property. The motion
carried by unanimous voice vote.
BY CONSENSUS: By consensus the Council determined to
return to item 10. Comments from Councilmembers.
Mayor Lawrason asked if there were any comments the
Council wanted to make under item 10. Hearing
none, he said he had a letter he wanted to read to
the audience. He indicated that the letter was
anonymous and accusatory against him personally.
After reading the letter, he challenged the person
authoring the letter to come forward.
B. Consider Approval of Commercial Refuse Franchise
Agreement. Staff Recommendation: Direct staff to
prepare commercial refuse franchise agreement and
Budget and Finance Committee to review and return
to the Council with recommendations.
Ms. Cauldwell gave the staff report.
Mike Smith, G.I. Rubbish, said that the number of
franchises granted should be limited to G.I.
Rubbish and Moorpark Rubbish. He them spoke
concerning the agreement outline presented in the
staff report. He said the length of the term for
ongoing service should be five years, paralleling
the residential franchise agreement. He said he
would have costs related to the preparation of the
agreements that he could not recoup and felt the
City should give further consideration to charging
a fee for preparation of the franchise agreements.
He said a 10% franchise fee is very high. He said
4% and 5% is what is typically paid in other
Minutes of the City Council
Moorpark, California Page 11 March 20, 1991
Cities. He said he had no problem with citywide
operation, exclusive of any zone system. He said
with regard to setting rates, maximum rates set by
the City for commercial hauling may be
satisfactory. He said the commercial recycling
portion of the outline for the agreement still
needs to be refined.
Jim Safechuck, of Moorpark Rubbish, said
contamination can be a problem if a hauler picks up
recycling only. He explained that regular trash
could become mixed with recycling material, and
then the hauler would not be able to pick it up.
Ed Jones, Harrison Rubbish, said that he was in
complete accord with the staff report. He said
that being a relatively small company has nothing
to do with the performance of a trash hauler.
MOTION: Councilmember Montgomery moved and Councilmember
Talley seconded a motion to have the Budget and Finance
Committee meet with staff to consider the comments made
by the refuse haulers tonight and determine if there will
be any changes to the outline for the agreements; staff
to prepare the commercial refuse franchise agreements,
and after Committee review to bring them back to the
Council. The motion carried by unanimous voice vote.
C. Consider_ Request to Caltrans for Annroval of Cit
Design and Construction of the Moorpark Avenue /High
Street Traffic Signal to be On Hundred Percent
(100 %) Reimbursed by the State. Staff
Recommendation: Authorize staff to pursue project
with City design and construction and 100% Caltrans
funding.
Mr. Gilbert gave the staff report.
Mayor Lawrason said he supports the idea of the
joint effort on the project.
MOTION: Councilmember Talley moved and Councilmember
Montgomery seconded a motion to approve the staff
recommendation to authorize staff to pursue Caltrans
approval of City design and construction of the subject
project with one hundred per cent (100 %) Caltrans
funding. The motion carried by unanimous voice vote.
Minutes of the City Council
Moorpark, California Page 12
March 20, 1991
D. Consider Bids for the Construction of Handica
Access Ramps. Staff Recommendation: Award
contract to Double D, A Joint Venture, for
$83,279.75; approve 10% contingency and authorize
City Manager to approve additional work not to
exceed contingency; authorize Mayor to sign
contract.
Mr. Gilbert gave the staff report.
Mr. Kueny asked that because of time constraints
related to CDBG funding, the Council amend the
staff recommendation to approve a 25% rather than
l0% contingency for the project and to authorize
the addition of certain projects in City parks to
provide access for handicapped individuals to
various facilities, and to authorize the City
Manager to execute any documents with Ventura
County to affect those additions to the project.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to approve the staff
recommendation to award the contract to Double D, A Joint
Venture, for $83,279.75; approve a 25% contingency for
the project and authorize the City Manager to approve
additional work, if required, for an amount not to exceed
25% of the contract price; to authorize the addition of
certain projects in City parks to provide access for
handicapped individuals to various facilities in the
parks, and to authorize the City Manager to execute any
documents with Ventura County to effect those additions
to the project; authorize the Mayor to sign the contract
document with Double D, A Joint Venture. The motion
carried by unanimous voice vote.
E. Consider Grant Application for SB 821 Funds for the
Construction of Bike Lanes on Tierra Rejada Road
East of Spring Road. Staff Recommendation: Adopt
Resolution 91 -749 and authorize submittal of grant
application for SB821 funds for bike lane
improvements on Tierra Rejada Road east of Spring
Road.
Mr. Gilbert gave the staff report, recommending
Option 5 for bike lane improvements on Tierra
Rejada Road east of Spring Road.
Minutes of the City Council
Moorpark, California Page 13
March 20, 1991
In response to Mayor Lawrason, Mr. Kueny said the
Tierra Rejada bike lane project would afford the
City the greatest match for its money.
Councilmember Perez said he favored Option 3, the
construction of a sidewalk along Los Angeles Avenue
in the Virginia Colony area.
Mr. Kueny said because of time constraints this
project would not be ready in time for grant
funding. He said the alignment study of the street
needs to be completed first, which would be done in
the next budget year and right -of -way needs to be
determined and possibly acquired for the project.
MOTION: Councilmember Perez moved and Councilmember
Montgomery seconded a motion to (1) adopt Resolution No.
91 -749 authorizing submittal of grant application for
SB821 funds for bike lane improvements on Tierra Rejada
Road east of Spring Road; (2) direct staff to consult
with property owners concerning right -of -way on the south
side of Los Angeles Avenue between Nogales and Condor.
The motion carried by unanimous voice vote.
F. Consider "Support the Troops" Proc;ram Final Report.
Staff Recommendation: Direct staff to 1) schedule
a formal end to the "Support the Troops" program;
2) coordinate a brief ceremony at a future Council
meeting; and 3) organize effort to remove
decorations throughout the City.
Ms. Greene gave the staff report.
BY CONSENSUS: By consensus the Council determined that
they would like to do something in conjunction with the
Fourth of July Celebration in regard to showing
supporting for the troops.
MOTION: Councilmember Montgomery moved and Councilmember
Wozniak seconded a motion to approve the staff
recommendation to 1) schedule a formal end to the
"Support the Troops" program; 2) coordinate a brief
ceremony at a future Council meeting; and 3) organize the
effort to remove decorations throughout the City. The
motion carried by unanimous voice vote.
Minutes of the City Council
Moorpark, California Page 14 March 20, 1991
G. Consider Proposed Funding for Moorpark Chamber of
Commerce. Staff Recommendation: Appropriate
$2,000 from Gann Funds and extend agreement from
May 16 to July 15, 1991.
Mr. Kueny gave the staff report.
MOTION: Mayor Lawrason moved and Councilmember Wozniak
seconded a motion to appropriate $2,000 from Gann Funds
and extend the agreement with the Chamber of Commerce
from May 16, to July 15, 1991. The motion carried by
unanimous roll call vote.
H. Consider Relocation of Post Office. Staff
Recommendation: Concur with relocation of the post
office to downtown and direct staff and Community
Development Committee to discuss with Congressman
Gallegly.
Mr. Kueny gave the staff report.
MOTION: Councilmember Montgomery moved and Councilmember
Talley seconded a motion to approve the staff
recommendation to concur with relocation of the post
office to downtown and direct staff and the Community
Development Committee to begin discussions with
Congressman Gallegly to pursue this matter. The motion
carried by unanimous voice vote.
I. Consider A Citizen Request Concerning Traffic
Controls on Loyola Drive. Staff Recommendation:
Direct staff to install speed limit and "T"
intersection signs.
Mr. Gilbert gave the staff report. He said that
end of road delineators had been installed at
Queen's Court. He indicated that a warning sign to
watch down hill speed could also be installed along
with the other signs recommended in the staff
report for Loyola Drive.
In response to Council question, Lt. Rodriguez said
he concurred with the staff recommendation as
outlined in the report.
Minutes of the City Council
Moorpark, California Page 15
March 20, 1991
Councilmember Wozniak said he had seen a sign
depicting children running out between parked cars
that should be considered for posting on Loyola
Drive. He said he would let staff know the
location of the street sign in Simi Valley.
MOTION: Councilmember Wozniak moved and Councilmember
Perez seconded the motion to approve the staff
recommendation to install speed limit and "T"
intersection warning signs in accordance with applicable
traffic standards, along with the "watch down hill speed"
sign and the children running out from behind a parked
car sign. The motion carried by unanimous voice vote.
J. Consider Weldon Canyon Landfill Environmental
Impact Report. Staff Recommendation: Authorize
Mayor to sign letter outlining City's concern and
request for time extension.
Ms. Cauldwell gave the staff report.
James Jevens, 300 Esplanade Drive, #1640, Oxnard,
spoke representing Waste Management of California,
Inc. He stated his objection is to the "no
project" alternative which means that no other site
would be available when the Bailard landfill closes
in 1993 and at that time trucks would begin hauling
waste through Moorpark to the Simi Valley Landfill
for lack of a place to haul rubbish.
Shull Bonsall, 1 Canada Large Road, Ventura, the
owner of land at the site of the proposed Weldon
Canyon Landfill, stated that his contract with
Waste Management of California, Inc. mitigates many
things that are mentioned in the Environmental
Impact Report. He stated that he will provide
additional information to the City Council.
MOTION: Councilmember Montgomery moved and Councilmember
Wozniak seconded a motion to continue the item to the
April 3, 1991 meeting. The motion carried by unanimous
voice vote.
Minutes of the City Council
Moorpark, California Page 16
March 20, 1991
K. Consider an Agreement for the Use of a City -Owned
Electrical Service by Performance Nursery. Staff
Recommendation: Approve agreement as modified by
City Attorney and authorize Mayor to sign.
Mr. Gilbert gave the staff report indicating that
the City Attorney had made some modifications to
the agreement.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to approve the agreement as
modified by the City Attorney and to authorize the Mayor
to sign it. The motion carried by unanimous voice vote.
12. ORDINANCES:
None.
13. FUTURE AGENDA ITEMS:
Councilmember Montgomery stated he wanted to see the and
item on the Parks and Recreation Commission budget and
plan for their Cinco de Mayo event.
14. CLOSED SESSION:
MOTION: Councilmember Montgomery moved and Councilmember
Wozniak 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.
Minutes of the City Council
Moorpark, California Page 17
March 20, 1991
H. Litigation concerning the Moorpark Mosquito
Abatement District vs. City of Moorpark.
I. Litigation concerning Colonial Mortgage vs. the
City of Moorpark.
J. Negotiations for Real Property at 280 Casey Road
(Moorpark Unified School District) pursuant to
Government Code Section 54945.8.
K. Negotiations for Real Property on Los Angeles
Avenue (East) pursuant to Government Code Section
54945.8.
L. Litigation concerning City of Moorpark vs. Chuy's
Restaurant.
M. Litigation concerning Conejo Freeway Properties,
LTD. vs. City of Moorpark
The motion carried by unanimous voice vote.
AT THIS POINT in the meeting a recess was declared. The
time was 11:05 p.m. The meeting reconvened into Closed
Session at 11:15 p.m.
Present in Closed Session were all Councilmember; Steven
Kueny, City Manager; Richard Hare, Deputy City Manager;
Cheryl Kane, City Attorney.
The meeting reconvened into Open Session at 11:47 p.m.
Mr. Kueny stated there was no action to report out of
Closed Session and only 14.A., 14.C., 14.D., 14.E.,
14.J., 14.L., and 14.M. had been discussed.
15. ADJOURNMENT:
MOTION: Councilmember Wozniak moved and Councilmember
Talley seconded a motion to adjourn. The motion carried
by unanimous voice vote. The time was 11:48 p.m.
Paul W. Lawrason Jr., Mayor
ATTEST:
Lillian E. Kellerman, City Clerk