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HomeMy WebLinkAboutMIN 1991 1204 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California December 4, 1991 A Regular Meeting of the City Council of the City of Moorpark was held on December 4, 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 7:21 p.m. Mayor Lawrason stated that Councilmember Perez is attending an Affordable Housing Project Partnership Action Summit for Affordable Housing. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Ryan Gorecki. 3. ROLL CALL: Present: Councilmembers Montgomery, Talley, Wozniak, and Mayor Lawrason Absent: Councilmember Perez Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Virginia Pesola, Assistant City Attorney; Pat Richards, Director of Community Development; Lt. Dean, Sheriff's Department; Ken Gilbert, Director of Public Works; Mary Lindley, Assistant to the City Manager; Phil Newhouse, Director of Community Services; Charles Abbott, City Engineer; Dirk Lovett, Assistant City Engineer; Lillian Kellerman, City Clerk; Dorothy Vandaveer, Deputy City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Recognition of the Moorpark High School Academic Decathlon Program and participants as follows: Thomson Nguy, Tom Niday, Mark Ikeda, Manuel Ramirez, Becky Snyder, Caren Alcala, James McGowan, Jake Mead, Rick Talley, Nicole Schimmer and the Academic Decathlon Coach, Larry Jones. Councilmember Talley presented Certificates to all the Academic Decathlon Program Participants and congratulated them and their coach Larry Jones. B. Eagle Scout Recognition for Ryan Gorecki Mayor Lawrason read the proclamation and congratulated Ryan on his accomplishment. Minutes of the City Council Moorpark, California Page 2 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: December 4, 1991 Mr. Kueny requested that the Council add consideration of a request by the Moorpark Unified School District for City support in the District's application for grant funding to expand the Drug Abuse Resistance Education (DARE) program. He indicated that the City had been contacted today and that the grant application had to be processed before the next Council meeting in order for the grant to be eligible for consideration. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to approve the addition of an item to the agenda as 11.H. to consider a request by the Moorpark Unified School District for City support in the School District's application for grant funding to expand the Drug Abuse Resistance Education (DARE) program, the need for action having arisen since the posting of the agenda. The motion carried by voice vote 4 -0, Councilmember Perez absent. 6. PUBLIC COMMENT: Joy Cummings, 650 Bard Street, spoke as owner of the Gas Station clothing store and as a representative of the Old Town Merchants Association. She stated that the newly formed Association has concerns about 1) the need for new street lighting on High Street, 2) obtaining containers for trash, and 3) the design of the new curb and gutters that are being installed. She said the downtown merchants are concerned that the new design will limit parking for patrons of their businesses. She also mentioned that the aggressive enforcement of the 25 miles per hour speed limit on High Street is causing potential customers to avoid the area. In response to Ms. Cummings, Councilmember Montgomery stated that other options are being reviewed regarding the design of the new curbs and gutters. Curran Cummings, Jr., 650 Bard Street, was present, but chose not to speak. Sandy Brown, 3938 Corte Cancion, Thousand Oaks, spoke as publisher of the 1992 Moorpark Business Directory and thanked the Council and Mr. Kueny for their cooperation. Carol Hunt, 530 Moorpark Avenue, represented the Moorpark Chamber of Commerce and thanked Sandy Brown for the excellent job on the Moorpark Business Directory. She also indicated that Moorpark is the only community she is aware of that provides such a directory free to the citizens and business community. The Moorpark Kiwanis Club will be delivering the directory to all homes in Moorpark this weekend. Minutes of the City Council Moorpark, California Page 3 December 4, 1991 Leonard Liston, 31129 Via Colinas, Westlake, representing Moorpark Car Care, spoke regarding Minor Modification No. 2 which is agenda item ll.A. He stated that not all of the conditions can be met and of particular concern is the condition concerning signage. He expressed his desire that he be able to construct a canopy in the car wash area before the winter rains come and before having to meet all of the conditions of approval of the Minor Modification. Gerald Goldstein, 11932 Los Angeles Avenue, said he is proud of the Academic Decathlon winners. He also stated that the Councilmembers should be more aware of the trees that are being cut down in the community. Carol Hunt spoke again regarding the newly organized Business Watch Program in Moorpark. She said the program includes decals for the member businesses to display and street signs that will soon be erected to serve as deterrents to crime. Ms. Hunt indicated that approximately 80% of the Moorpark businesses contacted have registered with the program and the program will soon be expanded to include the industrial business community as well. Bill Bettis, Community Services Officer from the Ventura County Sheriff's Department, said the program is an excellent tool to open a line of communication between the Sheriff's Department and the business community. Doug Frazier, 237 Sierra Avenue, said he had received a notice from Code Enforcement regarding a modification to his garage. He indicated that this violation has existed a long time and there are other outstanding violations that need the attention of the Code Enforcement Department more than the one for which he was cited. 7. COMMITTEE REPORTS: Councilmember Montgomery stated that the Council had received a written report from him regarding the last Ventura County Waste Commission meeting. 8. CONSENT CALENDAR: (Roll Call Vote) MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to pull item 8.A., Approval of Minutes of the Regular City Council Meeting of November 20, 1991, and approve the balance of the Consent Calendar. The motion carried by roll call vote 4 -0, Councilmember Perez absent. A. Consider Approval of Minutes of the Special City Council Meeting of November 20 1991. Staff Recommendation: Approve minutes as processed. Minutes of the City Council Moorpark, California Page 4 December 4, 1991 B. Warrant Register FY 1991 -92 Manual Warrants 14236 - 14240, 14340 - 14342 $ 72,989.33 Voided Warrants 14252 $ (163.35) Regular Warrants 16311 - 16406 $ 340,894.26 C. City Manager Approved Contract (91 -80) - CDBG Funding for Catholic Charities. Staff Recommendation: Receive and file the report. D. Consider Resolution No 91 -820 Authorizing an Additional Code Enforcement Officer Position and Changing Clerk Position to Administrative Aide in the Solid Waste Department. Staff Recommendation: Approve Resolution No. 91 -820 and appropriate $3,100 from the General Fund Reserve to Community Development Department Personnel Services. E. City Manager Approved Contract (91 -111) on Cablecasting with Video Max. Staff Recommendation: Receive and file the report. F. System. Staff Recommendation: Authorize staff to negotiate a contractual agreement with Decision Management Company, Inc. for a Document Imaging and Text Processing System not to exceed $75,000 on a 60 month lease /purchase plan subject to review of final language by the City Manager and authorize the City Manager to sign; and appropriate $13,111.39 from General Fund Reserves for lease /purchase for FY 1991/92. G. Consider City Council Meeting Dates for January, 1992. Staff Recommendation: Reschedule the January 1992 City Council meetings from the first and third Wednesdays to the second Wednesday. H. Consider Contel of California v State Board of Equalization Superior Court Cases No 523467 and No 523468 Staff Recommendation: Receive and file the report. I. Consider Authorizing Additional Accounting Services to Prepare Accounting System Documentation. Staff Recommendation: Approve the additional accounting services and appropriate $5,000 from the General Fund Reserves to Administrative Services and authorize the City Manager to engage John Riela, Certified Public Accountant. Minutes of the City Council Moorpark, California Page 5 December 4, 1991 J. Consider Allocation of Transportation Development Act Funds for a Transit Marketing Program. Staff Recommendation: Authorize appropriation of $4,500 in Transportation Development Act Funds for a transit marketing program as outlined in the staff report and direct staff to notify VCTC of this action. The following item was pulled from the Consent Calendar for individual consideration: A. Consider Approval of Minutes of the Regular City Council Meeting of November 20, 1991. Mayor Lawrason requested that staff review the tape recording of Item 8.C., Consider Clarification of September 4, 1991 Action Pertaining to Separate General Plan Processing for the McDonald's Proposal at Northeast Corner of Spring Road and New Los Angeles Avenue, regarding his comments. Mayor Lawrason also requested that staff review the tape recording Item 11.F., Consider Report on Emergency Medical Service, regarding his comments. MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to continue this item to the next regularly scheduled meeting. The motion carried by voice vote 4 -0, Councilmember Perez absent. 9. PUBLIC HEARINGS: None. 10. COMMENTS FROM COUNCIL MEMBERS: A. Appointment of a City representative to the Santa Monica Mountains Conservancy. (Continued Item 11.E. from 11/20/91) Ms. Lindley indicated to the Council that the information received from the Santa Monica Mountains Conservancy was that no legislation existed providing for an alternate to be appointed in addition to a member. Councilmember Montgomery indicated his willingness to serve as the City's representative on the Conservancy Advisory Committee. MOTION: Mayor Lawrason moved and Councilmember Wozniak seconded a motion to appoint Councilmember Montgomery to the Santa Monica Mountains Conservancy Advisory Committee. The motion carried by voice vote 4 -0, Councilmember Perez absent. Minutes of the City Council Moorpark, California Page 6 11. ACTION /DISCUSSION ITEMS: December 4, 1991 A. Consider Appeal of PD -1066 (Liston Car Wash) Minor Modification No. 2 A Request to Construct a Canopy Over the Gas Pumps. Staff Recommendation: Approve the minor modification with conditions contained in prior staff report. Mr. Richards gave the staff report. In response to Council question, Mr. Liston said that he used his truck with a sign in it to advertise his car wash and that the truck was parked from 8:30 a.m. until 5:00 p.m. He said that he intends to continue this practice since his car wash has very low visibility. In response to Mayor Lawrason, Mr. Richards indicated that Mr. Liston had been sent a letter and that he had been involved in an office hearing, with regard to his violation of City Code in connection with the sign in the truck situation. Councilmember Montgomery said it would be difficult to enforce a code violation in regards to Mr. Liston's truck. Councilmember Wozniak stated that Mr. Liston should pay for Code enforcement costs but the minor modification should be approved without the contingency of the sign program. Councilmember Talley said Mr. Liston stated he will move his truck if he gets the canopy approved. He concurred that the minor modification should be approved without the contingency of the sign program. Mayor Lawrason said that he was offended by the applicant's willful violation of the City's sign program. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to approve the Minor Modification with the condition that 1) all colors and materials of the canopy shall match the existing building; (2) All lighting shall be flush mounted with the bottom of the canopy with a f ixture to be approved by the Director of Community Development. The motion carried by roll call vote 3 -1, Mayor Lawrason dissenting and Councilmember Perez absent. Minutes of the City Council Moorpark, California Page 7 December 4, 1991 B. Consideration Regarding a Set Meeting Schedule for the Months of January and February 1992 for the Purpose of Reviewing the Proposed Update to the Land Use and Circulation Elements and Related EIR and Sphere of Influence Study Area. Staff Recommendation: City Council consider appropriate meeting dates during January and February 1992 regarding the General Plan Update and direct staff as deemed appropriate. Mr. Richards gave the staff report. CONSENSUS: By consensus, the Council determined to advertise the dates of Wednesday, January 22 at 7:00 p.m.; Wednesday, January 29 at 7:00 p.m.; and February 1 at 10:00 a.m. for General Plan Update meetings, with Wednesday, February 12; Saturday, February 22; and Wednesday, February 26 as probable General Plan Update meeting dates. C. Consider Review and Comment on Revised Draft Environmental Impact Report for Quality Rock Mining, County CUP No. 4571. Staff Recommendation: Direct staff to prepare a comment letter to the County of Ventura which incorporates staff's comments on the Draft EIR for the Quality Rock Aggregate Mine as well as any specific City Council concerns. Mr. Richards gave the staff report. Councilmember Wozniak said that the Public Works/ Facilities Committee discussed the importance of the inclusion of the comment that Campus Park Drive not be considered as a circulation element in the EIR or as an access to Happy Camp Canyon Regional Park. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to direct staff to prepare a comment letter to the County which incorporates staff's comments on the Draft EIR for the Quality Rock Aggregate Mine as outlined in the staff report, 11.C. - 12/4/91; that the Mayor be authorized to sign an additional letter to be sent to the County stating the Council's opposition to Campus Park Drive being used as an access to Happy Camp Canyon Regional Park. The motion carried by voice vote 4 -0, Councilmember Perez absent. AT THIS POINT in the meeting a recess was declared. The time was 9:15 p.m. The meeting reconvened at 9:40 p.m. Minutes of the City Council Moorpark, California Page 8 December 4, 1991 D. Consider November 1992 Regular Municipal Election and Designation of One City Council Office to Serve a Two -Year Term. Staff Recommendation: Direct staff as deemed appropriate. Councilmember Montgomery stated that since Councilmember Perez requested this item and was not present, the item should be continued. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to continue this item to the next regularly scheduled meeting. The motion carried by voice vote 4 -0, Councilmember Perez absent. E. Consider Response to the U.S. Postal Service Request for Comments on Proposed Site Location. Staff Recommendation: Discuss the proposed preferred location for a new Post Office and direct staff to convey the recommendation to locate at a downtown location and any additional Council comments. Ms. Lindley gave the staff report. She indicated the need to respond by December 10, 1991. Councilmember Montgomery stated that he thought the proposal should be scaled down significantly in size and that few other sites not within the old downtown area on High Street could be viably zoned or approved for such a facility. Mayor Lawrason indicated that he was not sure the postal service could be required to scale down their plans. Councilmember Montgomery indicated the postal service could be encouraged to look at the demographics of the City and what the downtown will look like in 20 years. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to direct staff to prepare a letter for the Mayor's signature to the Postal Service regarding the advisability of a downtown High Street location for the Post Office and a reduction in the size of the proposed post office plan; the Community Development Committee to initiate discussion's with the Postal Service regarding the feasibility of a Post Office location on City owned property on the south side of High Street. The motion carried by voice vote 4 -0, Councilmember Perez absent. F. Consider Proposal to Form a Ventura County Waste Management Authority. Staff Recommendation: Direct staff as deemed appropriate. Councilmember Montgomery outlined his concerns with the proposal. Minutes of the City Council Moorpark, California Page 9 December 4, 1991 1) Liability - Moorpark and the City of Simi Valley are not members of the Ventura Regional Sanitation District (VRSD) and do not therefore have liability for existing facilities in the District and do not want to consciously choose that liability now. He said that page 35 of the proposal had an unacceptable clause regarding this liability. He said a logical approach and compromise is to suggest that the first 10 years post - closure of any existing facility be handled on a wasteshed basis. Subsequent to that, the entire system, being the whole county, would then share appropriately. He said this situation would limit the City's liability to a degree that is a viable compromise. 2) Funding - When Simi Valley and Moorpark removed themselves from VRSD, there was a negotiated settlement. The City received 50% of the fees that it was paying through property taxes for the funding of VRSD. The County retained the other half. The proposal now is for the remaining VRSD members to receive 100% of the fees. That is unfair to Simi Valley and Moorpark, and make this proposal unacceptable. He said he suggested a compromise so that all ten cities would receive an equal distribution, percentage -wise, of the property taxes. Councilmember Montgomery indicated that the special voting procedure referred to on page 27, Section 4.5 of Powers and Authorities, should be changed to a 2/3's or 3/4's majority vote. Councilmember Montgomery indicated that staff should be directed to write a letter to the County, a copy of which would go to each of the other nine cities, as quickly as possible. The letter should state that the proposal, as written, is unacceptable to the City of Moorpark and will not be approved by the City and the City will oppose the necessary legislation when it is presented to the State legislator. The letter should identify the two major problems the City finds with the proposal and the two suggested compromises. The letter should also mention the concerns regarding the special voting procedure. MOTION: Councilmember Montgomery moved and Mayor Lawrason seconded a motion to send a letter stating the Council's concerns with the Ventura County Waste Management Authority Reorganization Proposal to the County and the other nine cities involved; and to direct the Public Works /Facilities Committee to meet with representatives from the City of Simi Valley regarding shared concerns and to reschedule this item for discussion at the December 18, 1991 City Council meeting. The motion carried by voice vote 4 -0, Councilmember Perez absent. Minutes of the City Council Moorpark, California Page 10 December 4, 1991 G. Consider Proposed Weldon Canyon Landfill. Staff Recommendation: Direct staff as deemed appropriate. Ms. Lindley gave the staff report. Councilmember Montgomery said that the most appropriate action for the City to take would be to comment on the adequacy of the EIR. He recommended not taking a position on whether the County should approve or deny the landfill. He said more appropriate sites will be analyzed and suitable locations narrowed down. He said there are too many variables yet to recommend approval or denial of Weldon Canyon. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to continue this item to the January 8, 1992 meeting. The motion carried by voice vote 4 -0, Councilmember Perez absent. H. Consider a Reauest by the Moorpark Unified School District for City Support in the School District's Application for Grant Funding to Expand the Drug Abuse Resistance Education (DARE) Program Mr. Hare gave the staff report. Mayor Lawrason indicated that this request would enhance the effectiveness of the Drug Abuse Resistance Education (DARE) Program but the School District should study and identify funding sources for continuation of the program beyond the 18 months proposed for the grant. MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to authorize the City Manager to prepare a letter of agreement with the School District and to authorize City Manager to sign same for the purposes of this grant; the letter of agreement to include a requirement that a study be conducted by the School District and funding sources be identified for continuation of the program beyond the proposed 18 month period. The motion carried by voice vote 4 -0, Councilmember Perez absent. 12. ORDINANCES: None. 13. FUTURE AGENDA ITEMS: None. Minutes of the City Council Moorpark, California Page 11 14. CLOSED SESSION: December 4, 1991 MOTION: Council Montgomery moved and Councilmember Talley 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 Ventura County Community College District vs. City of Moorpark. F. Litigation concerning the County of Ventura vs. City of Moorpark. G. Litigation concerning the Moorpark Mosquito Abatement District vs. City of Moorpark. H. Litigation concerning Colonial Mortgage vs. the City of Moorpark. I. Negotiations for Real Property at 280 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54945.8. J. Negotiations for Real Property on Los Angeles Avenue (East) pursuant to Government Code Section 54945.8. K. Litigation concerning Conejo Freeway Properties, LTD. vs. City of Moorpark. L. Litigation concerning City of Moorpark vs. Camrosa Water District. M. Litigation concerning City of Moorpark vs. Pacific Bell. N. Litigation concerning City of Moorpark vs. Southern California Edison Company. O. Litigation concerning City of Moorpark vs. Shell Oil Company. P. Negotiations for Real Property for Arroyo Vista Community Park pursuant to Government Code Section 54945.8. Minutes of the City Council Moorpark, California Page 12 December 4, 1991 Q. Negotiations for Real Property on the South Side of High Street (Southern Pacific /VCTC) pursuant to Government Code Section 54945.8. The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 10:20 p.m. The Council reconvened into Closed Session at 10:30 p.m. Present in Closed Session were all Councilmembers but Councilmember Perez; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; and Virginia Pesola, Assistant City Attorney. The meeting reconvened at 10:53 p.m. Mr. Kueny stated that there was no action to report out of Closed Session and only items 11.A., 11.G., ll.H., and 11.K. were discussed. 15. ADJOURNMENT: MOTION: Councilmember Talley moved and Councilmember Wozniak seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 10:53 p.m. Paul W. Lawrason Jr., Ma r ATTEST: