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HomeMy WebLinkAboutMIN 1991 1218 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California December 18, 1991 A Regular Meeting of the City Council of the City of Moorpark was held on December 18, 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. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Lillian Kellerman. 3. ROLL CALL: Present: Councilmembers Montgomery, Perez, Talley, Wozniak, and Mayor Lawrason. 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; Carolyn Greene, Management Analyst; Don Reynolds, Management Analyst; Kathleen Mallory- Phipps, Associate Planner; 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. December Employee of the Month Recognition for Shelly Shellabarger Mayor Lawrason introduced and congratulated Shelly Shellabarger, Recreation Supervisor, as the December Employee of the Month. B. Presentation Concerning Proposal to Form Ventura County Waste Management Authority Mayor Lawrason indicated that since the General Manager of the Ventura Regional Sanitation District and Director of the Ventura County Solid Waste Management Department were present, they would be allowed to make a presentation under this section of the agenda. Minutes of the City Council Moorpark, California Page 2 December 18, 1991 Clint Whitney, General Manager of the Ventura Regional Sanitation District, and Kay Martin, Director of the Ventura County Solid Waste Management Department, gave a presentation concerning the proposal currently under consideration to form a regional Waste Management Authority. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 6. PUBLIC COMMENT: A. Connie Lawrason, 4291 Ambermeadow Street, gave a report on the Citizens Transportation Advisory Committee meeting of December 10. Mrs. Lawrason said the meeting featured a presentation regarding the motorcycle helmet bill and discussions concerning the proposed Congestion Management Program. She also outlined the schedule for considering applicants for SB821 funds. Mrs. Lawrason also complimented Sandy Brown for an excellent job on the Moorpark Business Directory. B. Eloise Brown, 13193 Annette Street, congratulated the City Council and staff on completing the remodeling work in the community center. She stated that the brass plaque listing the names of contributors is missing from the foyer of the community center and she hopes it will be replaced soon. Mr. Newhouse stated that the plaque has been in storage during the remodeling and will be placed in the foyer now that the work is complete. C. Victoria Perez, 4237 Canario Court, spoke as one of the City's representative to the Area Housing Authority (AHA) and on behalf of Ruben Castro, the other appointee to the Authority. She thanked the Council for their appointments to the Authority and indicated that she is chairperson of the Personnel Committee and a member of the Executive Committee. Mrs. Perez appealed to the City Council to adopt Article 34 as part of the City's affordable housing policy so the City will be eligible for funds that could be available from the AHA. Minutes of the City Council Moorpark, California Page 3 December 18, 1991 D. Doug Frazier, 237 Sierra Avenue, inquired what criteria is used to determine when a business requires a Home Occupation Permit. In response to Mr. Frazier, Councilmember Montgomery said these guidelines can be obtained from the Director of Community Development. E. Barbara Shultz, 116 Sierra Avenue, also inquired about what constitutes the requirement for a Home Occupation Permit. She indicated that she recently received a letter stating that an individual who lives with her needs to obtain a Home Occupation Permit. Ms. Shultz also stated that the City should remedy a problem with trees that are growing crooked alongside the street where she lives. Councilmember Montgomery responded to Ms. Shultz and advised her to obtain a copy of the ordinance that addresses Home Occupation Permits and that the Public Works/ Facilities Committee will look into the problem trees growing near her home. BY CONSENSUS: By consensus the Council determined that the Public Works/ Facilities Committee will look at the trees indicated by Ms. Schultz. 7. COMMITTEE REPORTS: Councilmember Montgomery reported on the Ventura County Transportation Committee meeting which he attended. 8. CONSENT CALENDAR: (Roll Call Vote) MOTION: Councilmember Montgomery moved and Mayor Lawrason seconded a motion to waive the Council Rules of Procedure and accept a late staff report regarding item 8.L. The motion carried by unanimous voice vote. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to pull items 8. 1. , 8. J. , 8. K. and 8. L. , 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 December 18, 1991 A. Consider Approval of Minutes of the Regular City Council Meeting of November 20, 1991. (Continued 8.A. from 12/4/91). Consider Approval of Minutes of the Regular City Council Meeting of December 4, 1991. Consider Approval of Minutes of the Special City Council Meeting of December 4, 1991. Staff Recommendation: Approve minutes as processed. B. Warrant Register FY 1991 -92 Manual Warrants 14343 - 14358 $44,493.86 Voided 16392 $ 483.10 Regular Warrants 16407 - 16486 $138,595.62 C. Consider Settina Public Hearing Date for Revisions to the City Land Use Development Fees. Staff Recommendation: Authorize staff to schedule a public hearing on February 5, 1992 to consider revision to the current planning fees. D. Consider Resolution 91 -821 Establishina a Retirement Plan for Certain Employees Not Covered by the Public Employees Retirement System. Staff Recommendation: Adopt Resolution 91 -821 and authorize the City Manager to sign the necessary agreements to initiate the program. E. Consider Engagement of Ernst & Young to Perform Annual Independent Audit of the City's Fiscal Year 90 (91 Financial Statements for a Fee of $18,500. Staff Recommendation: Authorize the City Manager to engage Ernst & Young. F. Consider Resolution 91 -822 Establishing an Employee Deferred Compensation Supplemental Retirement Program and Establishing Great Western Bank as the Plan Administrator. Staff Recommendation: Adopt Resolution 91 -822 and authorize the City Manager to execute the appropriate agreements to initiate the program. G. Consider a Report on Paramedic Firefighters Staff Recommendation: Receive and file the report. Minutes of the City Council Moorpark, California Page 5 December 18, 1991 H. Consider Approval of the Proposed City -wide Multi Family Recycling Program. Staff Recommendation: Concur to defer start up of Multi Family Recycling until no later than March 31, 1992. The following items were pulled from the Consent Calendar for individual consideration: I. Consider Resolution 91 -823 Establishing a Passenger Loading Zone on Mountain Trail Street Adjacent to Arroyo West School and West Meadows Park and Repealing Resolution 88 -506. Staff Recommendation: Adopt Resolution 91 -823. Mayor Lawrason explained that the passage of this resolution would increase public safety in the area. MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to adopt Resolution 91 -823. The motion carried by unanimous voice vote. J. Consider Acceptance of Improvements and Recordation of Notice of Completion for Construction of Handicapped Access Ramps (various locations). Staff Recommendation: Accept improvements and authorize City Clerk to record the Notice of Completion. In response to Mayor Lawrason, Mr. Gilbert said the project contractor admitted that the initial two ramps constructed did not meet retrofit specifications and replaced them with a new and better design. There was no additional charge to the City. MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to accept the work as complete; to instruct the City Clerk to file the Notice of Completion for the project; authorize the release of the retention upon satisfactory clearance of the thirty five day lien period. The motion carried by unanimous voice vote. K. Consider Public Hearing Date for Americans with Disabilities Act Paratransit Services. Staff Recommendation: Set public hearing date for January 15, 1992. Mayor Lawrason clarified that acceptance of the staff recommendation regarding this matter would result in the Council holding another meeting in January, on January 15, 1992. Minutes of the City Council Moorpark, California Page 6 December 18, 1991 MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to direct staff to prepare a public hearing on January 15, 1991 on the City's Paratransit Plan as mandated by the Americans with Disabilities Act. The motion carried by unanimous voice vote. L. Consider Contract Amendment_ Construction Management with Picon, Inc. to Add Monument Signs, Restroom and Picnic Shelters Protect. Staff Recommendation: Approve contract for services and authorize the City Manager to sign amendment. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to continue this item to the January 8, 1992 meeting. The motion carried by unanimous voice vote. 9. PUBLIC HEARINGS: A. Consider Adoption of Resolution 91 -824 Approving the Source Reduction and Recycling Element and Household Hazardous Waste Element, and Resolution 91 -825 Certifying the Environmental Impact Report. Staff Recommendation: Adopt Resolution 91 -824 and Resolution 91 -825. Ms. Greene gave the staff report. Mayor Lawrason opened the public hearing. Gerald Goldstein, 11932 Los Angeles Avenue, commented that one day every 18 -month period is not frequent enough for citizens to be able to dispose of nonrecyclable elements. He indicated it should be more often. Councilmember Montgomery explained that the cost for a one -day event is in excess of $100,000. Mayor Lawrason closed the public hearing. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to adopt Resolution 91 -824 certifying the Program Environmental Impact Report for the Source Reduction and Recycling Element and Household Hazardous Waste Element; and to Adopt Resolution 91 -825 approving the Source Reduction and Recycling Element and Household Hazardous Waste Element. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 7 December 18, 1991 B. Consider A Request by Conejo Ready Mix Concrete for Conditional Use Permit No. 706, Minor Modification No.4. Staff Recommendation: Direct staff to draft a resolution of approval to be considered at the January 8, 1992 City Council meeting with conditions and findings as deemed appropriate by the City Council. Councilmember Wozniak left the dais due to a possible conflict of interest because of the close proximity of the plant to his home. Ms. Phipps gave the staff report. Mayor Lawrason opened the public hearing. Harri Haikala, from Burr and Forman, 3000 S. Trust Tower, Birmingham, AL, spoke as legal counsel for Conejo Ready Mix. He indicated that Conejo Ready Mix has been working with City staff to resolve concerns, but that considerable work remains. He requested that the City Council open the public hearing, take public testimony, and continue this item to a date certain to allow time for resolution of the issues. In addition, he requested continuance of the Conditional Use Permit until February 19, 1992. Don Unmacht, spoke as president of Conejo Ready Mix. He provided an overview of contributions that Conejo Ready Mix and its employees make to the City of Moorpark and outlined actions that they have taken to resolve issues with their neighbors. He said they have agreed to pave additional portions of their property, to reduce nighttime operations and not unload cement during non operational hours. In addition, Mr. Unmacht said his firm has paid for a noise investigation study which indicated that noises from Conejo Ready Mix operations are without significance when considered with the existing traffic noise. Mr. Unmacht said the conditions imposed by the City could cause economic hardship on Conejo Ready Mix and keep them from operating their plant. He said the primary concerns are 1) posting a performance bond for reconstruction of Los Angeles Avenue, 2) the proposed $100,000 Area of Contribution fee, 3) the building of a new wall at a cost of $50,000 - 60,000, and 4) the language making them responsible for remedial action regarding the property adjacent to the Arroyo Simi. He indicated that the least acceptable condition proposed is to make them part of a Minutes of the City Council Moorpark, California Page 8 Mello -Roos Assessment District. December 18, 1991 Mr. Unmacht requested the following considerations: 1. Instead of being restricted to a 6:00 a.m. starting time, a 5:30 a.m. starting time be allowed. 2. That their trucks be allowed to warm up before 5:30 a.m. and be allowed to return to the yard after 6:00 p.m. 3. That the condition that no internal combustion engine will operate at more than 65 decibel at the property line, be changed. This condition would put them out of business and does not differentiate between commercial and residential property lines. Clifford May, 13853 Los Angeles Avenue, commented that the second staff report on this item has compromised some of the conditions that were set forth in the first one, such as the discussion regarding the wrought iron gates and the landscaping requirements. Mr. May said the sound level specifications that were done were not a fair evaluation because the microphone was placed at least 25 feet from the center line of Los Angeles Avenue. He stated that the City may find itself in the same position that the County of Ventura is in with Blue Star Ready Mix. In response to Councilmember Montgomery, Mr. Richards indicated that the extension of the Conditional Use Permit has to be authorized by Council. Harri Haikala responded to Mr. May's comment about the noise evaluation study. He said he would be glad to share the results of the study with Mr. May and that the study was accurately done. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to continue this matter to the meeting of February 5, 1992, the public hearing to remain open; staff to prepare the necessary documents to allow a 45 day extension of the existing Conditional Use Permit from the date of January 13, 1992. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. Minutes of the City Council Moorpark, California Page 9 10. COMMENTS FROM COUNCIL MEMBERS: December 18, 1991 A. Appointment to the Moorpark Mosquito Abatement District. MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to approve the reappointment of William LaPerch to the Moorpark Mosquito Abatement District for a two year term expiring January, 1994. The motion carried by unanimous voice vote. B. Councilmember Montgomery wished all the citizens of the City a happy and safe Holiday Season from the Council. AT THIS POINT in the meeting a recess was declared. The time was 8:59 p.m. The meeting reconvened at 9:30 p.m. 11. ACTION /DISCUSSION ITEMS: A. 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. (Continued 11.D. from 12/4/91 meeting.) Ms. Kellerman gave the staff report. Councilmember Perez stated that of the Council offices appearing on the ballot, other than the Mayor, the one which receives the least votes of those elected should serve the two -year term. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to designate that, of the City Council offices appearing on the next General Municipal election, other than the office of the Mayor, the one which receives the least votes of those elected shall serve a two - year term. The motion carried by unanimous voice vote. Ms. Kellerman indicated that the resolution setting the November 2, 1992 election will include this action when presented to the City Council in June 1992. B. Consider Proposal to Form a Ventura County Waste Management Authority. Staff Recommendation: Direct staff as deemed appropriate. (Continued 11.F. from 12/4/91 meeting.) Ms. Lindley gave the staff report. Minutes of the City Council Moorpark, California Page 10 December 18, 1991 Councilmember Wozniak reported on the meeting with a committee of two councilmembers from the City of Simi Valley that was held to discuss the proposal. He said that they feel as strongly as the City of Moorpark on the same issues discussed at the last City Council meeting. He said that Simi Valley cannot take action until their January 6, 1992 meeting but they are formulating a letter to be sent to the County of Ventura regarding their concerns with the proposal. Councilmember Montgomery said that it is important that the City's concerns were made known to the other cities in the County and to the Waste Commission staff. He said there is a Waste Commission meeting tomorrow afternoon and he wants to see if Simi Valley comes forward with their concerns at that meeting. He suggested that this agenda item be continued to the January 8, 1992 Council meeting. In response to Mayor Lawrason, Mr. Kueny said that the redistribution of the property tax has to be separated from the special assessments addressed in the proposal. He said that special assessments were never addressed at the workshops held by the Waste Commission. He said, also, that at the workshops it was suggested that the property tax should not be retained by the proposed Authority. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to continue this item to the January 8, 1991 meeting, in the interim staff directed to identify any housekeeping matters related to the proposal and to determine if the Waste Management Authority would be able to levy property tax and the process that would be used to do so. The motion carried by unanimous voice vote. C. Consider A Report Regarding Possible Fee Increase and Services Adjustment for Buildina and Safety Services. Staff Recommendation: Direct staff to set the matter of fee adjustments and new fees regarding Building and Safety Services for a public hearing on January 8, 1992. Mr. Richards gave the staff report. In response to Mayor Lawrason, Mr. Richards said there will be a new fee schedule. Minutes of the City Council Moorpark, California Page 11 December 18, 1991 Councilmember Talley said that the terminology of "good" and "very good" may cause confusion in the future. He said a different terminology should be considered. In response to Councilmember Perez, Councilmember Montgomery said closure on this matter has not been reached by the Budget and Finance Committee and they should continue their work. Councilmember Perez said some insight as to what level of service was desired to be achieved should be considered by the Budget and Finance Committee. Councilmember Wozniak requested tiered examples from other jurisdictions. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to concur with the need to increase Building and Safety fees; establish new fees regarding geology and soils reviews; establish a two -tier range of valuations for residential construction; to the establishment of a valuation surcharge for complex foundation systems; to direct staff to set this matter for public hearing on January 8, 1992; the Budget & Finance Committee to consider the establishment of a minimum level of Building and Safety service and report back to the Council on January 8, 1992. The motion carried by unanimous voice vote. D. Consider Amending Council Action Concerning Conference Attendance by Parks & Recreation Commission. Staff Recommendation: Approve the Budget & Finance Committee recommendation. Mr. Hare gave the staff report. After Council discussion, the following motion was heard: MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion that the Parks and Recreation Commission has $950 to spend for the Annual California Parks and Recreation Society Conference and they (the Commission) can have as many Commissioners as they want attend the Conference but the total reimbursement for all expenses, including registration and any other expenses shall be limited to a total of $950, regardless of how many Commissioners attend the conference. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 12 December 18, 1991 12. ORDINANCES: None. 13. FUTURE AGENDA ITEMS: None. 14. CLOSED SESSION: MOTION: Council 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 Unif ied 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. Minutes of the City Council Moorpark, California Page 13 December 18, 1991 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. 0. 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. 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 10:29 p.m. The Council reconvened into Closed Session at 10:42 p.m. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; and Virginia Pesola, Assistant City Attorney. The meeting reconvened at 11:28 p.m. Mr. Kueny stated that there was no action to report out of Closed Session and only items 11.B., 11.C., 11.D., 11.H., 11.I., 11.L., and 11.Q. 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 11:29 p.m. 1 Paul W. Lawrason Jr., Mayor