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HomeMy WebLinkAboutMIN 1992 0219 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California February 19, 1992 A Regular Meeting of the City Council of the City of Moorpark was held on February 19, 1992 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 7:07 p.m. 2. PLEDGE OF ALLEGIANCE: The Flory School Chorus presented a musical arrangement of the pledge of allegiance. 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. Dean, Sheriff's Department; Ken Gilbert, Director of Public Works; Mary Lindley, Assistant to the City Manager; Don Reynolds, Management Analyst; Charles Abbott, City Engineer; Dirk Lovett, Assistant City Engineer; Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Mayor Lawrason introduced the City's new Recreation Coordinator, Moira Shea. B. Mayor Lawrason introduced Wayne Boyer as the February Employee of the Month. C. Councilmember Wozniak read a proclamation regarding Daffodil Days for the American Cancer Society. D. Councilmember Perez read and presented a proclamation for the twentieth anniversary of the Area Housing Authority (AHA) to Shelly Stevens and Ruben Castro, representatives from the AHA. E. Mayor Lawrason presented a CROP WALK proclamation to Reverend Walter Dilg, Reverend Steven Day, Reverend Dave Wilkinson and Marilyn Green. He indicated the walk would occur March 1. Minutes of the City Council Moorpark, California Page 2 February 19, 1992 F. Mayor Lawrason presented a Certificate of Appreciation to Michael Williams for his service on the Citizen's Transportation Advisory Committee. G. Mayor Lawrason introduced the Flory School Chorus and the singers performed three patriotic songs under the direction of Allison Kuetchmann. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 6. PUBLIC COMMENT: A. Mela Cano, 148 Sierra Avenue, spoke regarding the recent flooding around her home. She thanked Councilmember Wozniak for calling the adjacent property owner, Ken Macleod, and for following up on the situation. She said the damage to her property is extensive and she would like to know who is responsible for the drainage problems that caused the flooding. B. Barbara Schultz, 116 Sierra Avenue, spoke regarding the flooding in her neighborhood. She thanked Councilmembers Talley and Wozniak for their assistance and concern during the recent situation. She indicated that Mr. Macleod called her and visited the site. C. Michael Walbrecht, 6922 Hollywood Blvd #600, Los Angeles, spoke representing the California Film Commission. He described the upcoming filming in the City and the procedures that will be implemented for traffic control on the 118 Freeway in Simi Valley. D. Joy Cummings, 650 Bard Street, spoke representing the Moorpark Old Town Merchants Association and provided the Association's recommendations for improvements to High Street: (1) Streetlights - They have selected a glow -style street lamp, but are willing to compromise to get whatever can be obtained to correct the poor lighting situation in this area. (2) Planters (portable flowerpot or permanent) - They would like them to be in place at the time the street construction is completed. (3) Trash containers - They would like to see containers that match the planters, if possible. Minutes of the City Council Moorpark, California Page 3 February 19, 1992 (4) Replacement of pepper trees. They would like the street restored to the way it was originally with pepper trees on both sides of High Street. (5) The Association requests that High Street be designated as a historical overlay with a review panel to make sure it is restored authentically. (6) A theme such as Historical Moorpark Village would be recommended for architecture. (7) A park could be constructed by the "Old Depot" with the current uses of this area being retained. The chain link fence could be moved back in line with the One More Time Thrift Shop to allow use of the land for a park. (8) One or two park benches per block should be installed. (9) The former Santa Barbara Savings building could serve as a facility for a Moorpark Historical Society Museum. (10) The name for High Street could be extended to the freeway, which will make the signage more visible to passersby on the freeway. Mrs. Cummings said these improvements are not very expensive and they cannot wait until the Redevelopment Agency litigation is resolved. She said the Association is planning to have a historical brochure printed and will plan as many street events as possible to draw commerce into the area. E. Eloise Brown, 13193 Annette Street, suggested that an oversized sign be placed at each end of the City so motorists travelling through the City would know that the businesses on High Street exist. She also commented that the residents in Campus Park should be given consideration for increased traffic which may result from the movie filming on the 118 freeway. Mrs. Brown thanked the fire department and other agencies and organizations who provided assistance during the recent rains and the resulting floods. She said she hopes the Council will recognize the efforts of AC Construction in saving the bridge on Spring Road. Minutes of the City Council Moorpark, California Page 4 February 19, 1992 F. Ethel Sulkis, 270 Sierra, said the City Council of Fillmore has sent a letter to the telephone company protesting the rate increase for improvements in another geographical area. She questioned whether or not the Moorpark City Council has responded in a similar fashion. In response to Mrs. Sulkis, Councilmember Montgomery said the Council has not yet responded to this situation. G. Gerald Goldstein, 11932 Los Angeles Avenue, stated that public restrooms are needed in the downtown area. He also spoke regarding the expensive and poor quality trash collection and recycling in the City. H. Sylvia Whitaker, 461 Cornette, spoke representing the Moorpark Historical Society. She said the Historical Society is willing to buy the replacement pepper trees if the City will prepare the wells for the planting. 7. COMMITTEE REPORTS: Councilmember Montgomery reported that he has attended two meetings of the Santa Monica Mountains Conservancy this week. He indicated that there are two Waste Commission meetings scheduled for the upcoming week and he will report on those at a later date. 8. CONSENT CALENDAR: (Roll Call Vote) MOTION: Councilmember Perez moved and Councilmember Talley seconded a motion to pull items 8.A., the minutes of the Regular Meeting of February 5, 1992, 8.I., 8.L., 8.P. and 8.Q. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of the Special Meeting of February 5, 1992. Staff Recommendation: Approve minutes as processed. B. Warrant Register FY 1991 -92 Manual Warrants 16592 - 16596 $ 849.21 Minutes of the City Council Moorpark, California Page 5 Voided Warrants 13102, 13232, 13323, 13501, 13666, 13721, 13749, 13853, Regular Warrants 16762 13123, 13239, 13363, 13606, 13687, 13735, 13770, 13891 16863 February 19, 1992 13185, 13317, 13427, 13623, 13707, 13745, 13841, $ (885.28) $ 270,623.17 C. Consider Approval of Final Map LDM -91 -3 (Moorpark West) . Staff Recommendation: Approve final map for LDM -91 -3 and authorize Mayor to sign the title sheets. D. Consider DP -285, Minor Modification No 1 - A Request by Ventura County Cablevision to Construct an Enclosed Outside Service Yard at 5360 Commerce. Staff Recommendation: Receive and file the report. E. Consider Election for Authorization to Spend Gann Excess Proceeds of Taxes. Staff Recommendation: Direct staff to evaluate action to recalculate Gann expenditure limit. F. Consider Line Item Transfer and Authorization for the Expenditure of Funds to Reconfigure Work Areas in City Hall and to Furnish Work Areas for the Two Senior Planners. Staff Recommendation: Approve transfer and authorize the purchase and installation of equipment and furnishings for the reconfiguration of work areas in City Hall including the senior planners' work areas. G. Consider Health Insurance Proposals and Final Selection of Carrier. Staff Recommendation: Authorize City Manager to implement agreements with United Health Insurance Company. H. Consider Approval of the Proposed Membership of the Paratransit Advisory Committee. Staff Recommendation: Approve the proposed membership of the Paratransit Advisory Committee. J. Consider Parks and Recreation Commissioners' Overnight Travel for Attendance at California Parks and Recreation Society (CPRS) Conference. Staff Recommendation: Approve overnight travel to CPRS conference. K. Consider Retainer and Hourly Rates Increase for Engineering Services. Staff Recommendation: Approve rate increase of 3.8 %. Minutes of the City Council Moorpark, California Page 6 February 19, 1992 M. Consider Authorizing Acting Pay for the Management Analyst Currently Assigned Additional Duties of the Director of Community Services. Staff Recommendation: Authorize the City Manager to increase on a temporary basis the Management Analyst's salary by 5% while performing the additional duties of the Director of Community Services. N. Consider Authorizing the Purchase of a Cellular Phone for the Director of Public Works. Staff Recommendation: Approve the purchase. O. Consider Notice of Completion for J &H Engineering for Park Improvements at Glenwood, Griffin and Campus Canyon Parks. Staff Recommendation: Authorize Notice of Completion subject to final approval by City Manager. The following items were pulled from the Consent Calendar for individual consideration: A. Consider Approval of Minutes of the Regular Meeting of February 5, 1992. Councilmember Wozniak indicated a correction on page 10 under Comments from Councilmembers. He indicated that it was Councilmember Montgomery who commented on the actions of the Planning Commission and not Councilmember Wozniak as indicated in the minutes. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to adopt the minutes of the February 5, 1992 regular meeting as corrected. The motion carried by unanimous voice vote. I. Consider Resolution No. 92 -834 for Placement of Stop Signs at Certain Intersections on Mesa Verde Drive. Staff Recommendation: Adopt Resolution No. 92- Councilmember Perez said he pulled this item from the Consent Calendar because he wanted to know why a stop sign was not recommended at the intersection of North Isle Royale and Mesa Verde since all other intersections have an existing stop sign or a proposed one. Mr. Gilbert said the purpose of the stop signs was for the southbound traffic entering the collector at the other locations. It is felt the traffic is greater on the other streets because Isle Royale dead -ends into a driveway to a nursery. Minutes of the City Council Moorpark, California Page 7 February 19, 1992 MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to adopt resolution number 92 -834 designating a portion of Mesa Verde Drive as a through street and directing the placement of STOP signs at the entrances thereto. The motion carried by unanimous voice vote. L. Consider Adiustment in Salary Range for Director of Community Services and Public Works Director Positions. Staff Recommendation: Continue to March 4, 1992. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion for continuance of this item to March 4, 1992 with the item to appear on the section of the agenda for action /discussion items. The motion carried by unanimous voice vote. P. Consider Retort Regarding Southern Pacific Railroad Trains Blocking the Intersections at Spring Road South of High Street and Moorpark Avenue North of Poindexter Avenue. Staff Recommendation: Receive and file the report. In response to Councilmember Wozniak, Lt. Dean gave an update of the status of the correction of the traffic arms blocking the street on Moorpark Avenue and Spring Road. He indicated that the Southern Pacific Railroad will be painting an 800 telephone number on the arms which may be called when the arms malfunction. The telephone number is 800 767 -3884 and reaches an office in Roseville, CA. Lt. Dean continued by saying that the number may be called when the trains are blocking the intersection, too, and the calls will be passed on to the operations division of Southern Pacific. He said the Sheriff's Department is proceeding toward prosecution if the situation is not corrected. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to receive and file the report. The motion carried by unanimous voice vote. Q. Consider Police Department Annual Report. Staff Recommendation: Receive and file the report. Mayor Lawrason commented that the police protection is the most costly expense item in the City budget. He read some of the statistics from the Annual Report and complimented the Sheriff's Department on a year of outstanding effort. Minutes of the City Council Moorpark, California Page 8 February 19, 1992 MOTION: Mayor Lawrason moved and Councilmember Wozniak seconded a motion to receive and file the report. The motion carried by unanimous voice vote. 9. PUBLIC HEARINGS: A. Consider a Request by Conejo Ready Mix, Inc. for Conditional Use Permit No. 706, Minor Modification No. 4. Staff Recommendation: Direct staff to prepare a resolution of approval with conditions to be considered at the March 4, 1992 City Council meeting. (Continued Item 9.C. from February 5, 1992.) Councilmember Wozniak excused himself from the dais due to a possible conflict of interest. Kathleen Mallory- Phipps gave the staff report. Harri Haikala, Burr - Forman, 420 North 20th Street, Birmingham, AL, spoke as legal counsel for Conejo Ready Mix. He indicated that Conejo Ready Mix feels compelled to file the letter of objection which he handed out to the Councilmembers. He listed several changes which are requested by the applicant as follows: 1. The final sentence of Condition No. 1 must be revised to read "Minor Modification No. 3" instead of "Minor Modification No. 4" 2. The phrase "or for some other just cause" must be removed from Condition No. 25. 3. The City requested a maximum 4. Conejo r, condition inserted: must specify the amount of the fee in Condition No. 26; Conejo will agree to of $5,000.00. quests that the second paragraph of No. 27 be removed and the following The start -up and departure of bulk cement and aggregate trucks shall be permitted outside of normal hours of operation. Should applicant need to operate beyond the above specified hours of operation in order to obtain a contract to provide concrete for highway, road, or other construction that takes place at night, applicant shall provide notice to the Director of Community Development 72 hours prior to such operation. Hours of operation restrictions shall be waived in case of emergency Minutes of the City Council Moorpark, California Page 9 February 19, 1992 work necessitated by imminent danger to property, health, or human life. 5. Condition Nos. 35 and 51 must be removed. 6. The second paragraph of Condition No. 52 must be removed. 7. Condition No. 56 should be deleted. AT THIS POINT in the meeting a recess was declared. The time was 9:04 p.m. The meeting reconvened at 9:20 p.m. Don Unmacht, President of Conejo Ready Mix, spoke regarding Items No. 4 and 6 above. He said the limitation on the hours of operation for their bulk cement and aggregate trucks will affect their operation negatively. He said the noise study proved the noise impact to be negligible. He said the thirty -day notice to the City, if they choose to deviate from the specified hours of operation, will preclude them from bidding on any jobs doing municipal or public works. They need the flexibility in ordering materials. Also, the hours of operation should be waived in the case of emergency work as was necessary this past week during the heavy rains. He said the second paragraph of Condition No. 52 poses a problem. He said the study should be at Conejo's option. Harri Haikala spoke again. He indicated that other truck traffic on the street seems to be favored over the movement of Conejo's trucks. It appears to be discriminatory to him, he said. Mr. Haikala said Condition 52 does not need to be deleted if the language can be modified to Conejo I s satisfaction. In response to Councilmember Montgomery, Mr. Haikala said the property in item #4 refers to public and private property. Cheryl Kane requested that the City Engineer put into the record his interpretation of the modification to the second paragraph of Condition #52. Reference was made that discussions have taken place and she wants to see if the City Engineer's understanding is acceptable to the applicant. Minutes of the City Council Moorpark, California Page 10 February 19, 1992 Charles Abbott read the following modification to condition No. 52: "Applicant at its election, may conduct or pay the City of Moorpark all expenses associated with (strike the comma) ... last sentence, add "but in no case shall applicant be required to restore site beyond conditions existing in 1987." Mr. Haikala indicated that they agreed with the City Engineer changes. Clifford May, 13853 Los Angeles Avenue, stated that the City should stand fast on the second resolution and not compromise anymore. He spoke regarding the hours of operation for Conejo Ready Mix. He said they should be locked into a time frame and that 5:00 a.m. is too early to start loading the trucks. He suggested that 7:00 a.m. would be a fair startup time on Saturdays. Cheryl Kane suggested to the Council that before the public hearing is closed or before deliberations go before the Council it would be appropriate to adjourn to Closed Session under Government Code Section 54956.9 (b) (1) . MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to table this item and to go into Closed Session under Government Code Section 54956.9(b)(1). The motion carried by 4 -0 voice vote, Councilmember Wozniak absent for the vote. The Council reconvened into Closed Session at 9:35 p.m. Present in Closed Session were Councilmembers Montgomery, Perez, Talley and Mayor Lawrason, Councilmember Wozniak absent; Steven Kueny, City Manager; Cheryl Kane, City Attorney; Richard Hare, Deputy City Manager; Pat Richards, Director of Community Development; Charles Abbott, City Engineer; and Dirk Lovett, Assistant City Engineer. The Council reconvened into Open Session at 10:30 p.m. Ronald White, 13851 E. Los Angeles Avenue, stated that he has no complaints with Conejo Ready Mix or the noise or dust. Minutes of the City Council Moorpark, California Page 11 February 19, 1992 Mayor Lawrason requested the legal counsel from Conejo Ready Mix to meet with the City Attorney, Cheryl Kane, to discuss the issues to be resolved. Mayor Lawrason reminded the Council that Item 9.A. has been tabled and stated that they will proceed with the remaining items on the agenda at this time. Councilmember Wozniak returned to the dais at this time. B. Consider Vesting Tentative Tract Map Nos. 4785 and 4786 on the Application of C.T. Financial; the subdivision of the Carlsberg Specific as Identified Planning Areas within the 497 -Acre Site; Generally Identified as Being Bounded by New Los Angeles Avenue to the North, Tierra Rejada Road to the South, the 23 Freeway on the East and Spring Road on the West. Staff Recommendation: Approve Vesting Tentative Tract Map 4785 and Vesting Tentative Tract Map 4786 with conditions as recommended by staff and /or direct staff as deemed appropriate. (Continued Item 9.D. from February 5, 1992. New Staff Recommendation: Continue to March 18, 1992) Mr. Kueny stated that the applicant has submitted a letter requesting continuance of this item to the regular meeting of March 18. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to continue this item until the regular meeting of March 18, 1992. The motion carried by unanimous voice vote. 10. COMMENTS FROM COUNCIL MEMBERS: Councilmember Montgomery commented that the police department, fire department and Mr. Anderson and his crew from A -C Construction should be commended for their excellent work during the recent flooding. Mayor Lawrason also stated that he appreciated the efforts of all of these people and the repair work that was done by A -C Construction in their efforts to clear debris from the area of the Arroyo Simi bridge. 11. ACTION /DISCUSSION ITEMS: A. Consider a Report Regarding Possible Service Adjustment for Building and Safety Services. Staff Recommendation: Direct staff as deemed appropriate. (Continued Item 11.A. from 2/5/92) Minutes of the City Council Moorpark, California Page 12 February 19, 1992 Mr. Kueny reminded the Council that it is time to consider reordering of the agenda. The time was 10:30 p.m. CONSENSUS: By consensus, the Council determined to continue item 11.D. to the next regular meeting. Mr. Perez said the Council should receive a report on the public's reaction to the implementation of the four recommendations and the new hours of availability. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to adopt the staff recommendation to 1) authorize $1,547.95 from the General Fund Reserve for January 1992 to supplement the January 1992 Building and Safety invoice, 2) authorize an amount not to exceed $5,000 per month or a maximum of $25,000 for the five remaining months of the fiscal year to be available from the City's General Fund should the amount of Building and Safety permit and plan check revenue plus the carry over amount fall below the monthly invoice amount, 3) direct staff to monitor the hours /costs expended by the office of Building and Safety on a weekly basis, and 4) direct staff to provide monthly status reports to the City Council regarding the amount of subsidy and any public comments received, and if needed place this matter back on the City Council's agenda for further discussion. The motion carried by unanimous roll call vote. B. Consider Proposed Action By County Flood Control District (FCD) to Disband the Flood Zone 3 Advisory Committee. Staff Recommendation: Concur with proposed FCD action to disband the Flood Zone 3 Advisory Committee. Mr. Gilbert waived the reading of the staff report and offered to answer questions. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to concur with the proposed action of the Ventura County Flood Control District to disband the Flood Zone Advisory Committee. The motion carried by unanimous voice vote. C. Consider Resolution No. 92 -835 for Approval of an Application for SB 821 Bicycle /Pedestrian Funds for the Construction of Sidewalks in the Vicinity of Flory Elementary School. Staff Recommendation: Adopt the attached Resolution No. 92 -835 approving an application for SB 821 funds for the construction of sidewalks in the vicinity of Flory Elementary School. Mr. Gilbert gave the staff report. Minutes of the City Council Moorpark, California Page 13 February 19, 1992 In response to Mayor Lawrason, Mr. Gilbert confirmed that this project will meet the criteria for SB821 consideration. MOTION: Councilmember Perez moved and Councilmember Talley seconded a motion to adopt Resolution No. 92 -835 approving an application for SB821 funds for the construction of sidewalks in the vicinity of Flory Elementary School. The motion carried by unanimous voice vote. D. Consider Approval of the Proposal for a Regional Council of Governments for Ventura County and Surrounding Jurisdictions. Staff Recommendations: Approve the proposal for a Regional Council of Governments. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to continue this item to March 18, 1992. The motion carried by unanimous voice vote. E. Consider Changing the Names of Certain Streets {Los Angeles Avenue, New Los Angeles Avenue and Princeton Drive). Staff Recommendation: Direct staff to proceed with steps required to make the street name changes. Mr. Gilbert gave the staff report. In response to Mr. Talley, Mr. Gilbert said the proposed action should not change any of the street numbering already in existence along Los Angeles Avenue. Councilmember Montgomery indicated that the Public Works committee is considering suggesting a change to the Tierra Rejada Road /Gabbert Road section, also, to facilitate one name only. Councilmember Perez said direction to change the Campesina. he would like to street named Villa include to Villa MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to direct staff to proceed with steps required to make the street name changes of 1) Los Angeles Avenue east of High Street to be High Street and continue this to its terminus at Campus Park Drive and 2) to change the name of New Los Angeles Avenue to Los Angeles Avenue and 3) to agendize for a future meeting the consideration of change of street name for Villa to Villa Campesina and Tierra Rejada Road /Gabbert Road /Los Angeles Avenue to one descriptive name for the entire length of street. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 14 February 19, 1992 F. Moorpark Unified School District Cablecast and Use of Apricot Room. Staff Recommendation: Allow use at cost of $225.00 per meeting. Mr. Hare gave the staff report. Councilmember Montgomery confirmed that the City's intent is only to recover the actual, out -of- pocket costs and not to realize any profit in this regard. In response to Councilmember Wozniak, Mr. hare said these costs are only for one -time broadcast and do not include any playback cost of $40.00. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion that the response to the School District from the City should include the option and cost for playback and other options that are available for them. The motion carried by unanimous voice vote. G. Consider Approval of the Proposed Multi- Family Recycling Program. Staff Recommendation: Approve the proposed multi - family recycling program effective March 1, 1992. Ms. Lindley gave the staff report. Councilmember Perez asked why the data on the history of multi - family recycling programs is not available and that possibly we need to implement just a pilot program to assist in the data gathering phase for Moorpark. Ms. Lindley explained that the programs are relatively new so the data is not readily available and that the intent is to get partial source recycling started. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion for approval of the multi - family recycling program to be effective during the month of March 1992. The motion carried by unanimous voice vote. H. Consider Business Registration Compliance. Staff Recommendation: Request compliance by April 6 and direct staff to take additional measures if needed. Don Reynolds gave the staff report. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to seek compliance by businesses being conducted in the City without a valid Business Registration as 1) allow all businesses that are not in Minutes of the City Council Moorpark, California Page 15 February 19, 1992 compliance with the requirement to comply with the City's Business Registration law by submitting a completed application and a $30 fee to the City no later than April 6, 1992, and 2) businesses that do not comply with the Business Registration requirement before this date be responsible for the entire amount owed to the City since the inception of the law, or the initiation of the business activity, whichever occurs last, and 3) direct staff to appropriately publicize this amnesty program. The motion carried by unanimous voice vote. I. Consider An Offer In Response to U. S. Postal Service Request for Purchase of a New Post Office Site. Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny gave the staff report. In response to Mayor Lawrason, Mr. Kueny said the proposed facility indicates an approximately 22,000 square foot building on a 98,000 square foot site. The site could be as large as 146,000 square feet. He said the Post Office would need parking facilities for their employees and delivery vehicles as well as parking for the public. He said a site with more depth than the option property would be required. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to direct staff to respond to the U.S. Postal Service that the site, with which the City has an option agreement with Ventura County Transportation Commission for the former railroad property, on the south side of High Street, does not meet their requirements and to direct staff to endeavor to identify to the Postal Service a couple of other alternate sites which might be appropriate in the area adjacent to the downtown area. The motion carried by unanimous voice vote. J. Consider Objection to Sale of Tax Defaulted Property (APN 506 -0- 020 -475). Staff Recommendation: Object to sale and approve agreement to purchase. Mr. Kueny gave the staff report. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to object to the sale of the property and approve an agreement to purchase subject to the City Manager's review. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 16 February 19, 1992 AT THIS POINT in the meeting the Mayor declared a recess. The time was 11:10 p.m. In response to Council question, Ms. Kane indicated that discussion of item 9.A. could resume after 12.A. 12. ORDINANCES: A. Consider First Reading of Ordinance No. 148 - An Ordinance of the City of Moorpark, California, Approving Zone Change No. 91 -1 on Application of Urban West Communities (APN 505 -0- 012 -40). Ms. Kane read the ordinance title. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to read the ordinance title only. The motion carried by unanimous voice vote. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to waive further reading and declare Ordinance 148 introduced for first reading. The motion carried by unanimous voice vote. AT THIS POINT in the meeting the Mayor declared a recess at 11:14 p.m. The meeting reconvened at 11:35 p.m. 9.A. Consider a Request by Conejo Ready Mix, Inc. for Conditional Use Permit No. 706, Minor Modification No. 4. Staff Recommendation: Direct staff to prepare a resolution of approval with conditions to be considered at the March 4, 1992 City Council meeting. (Continued Item 9.C. from February 5, 1992.) Councilmember Wozniak left the dais due to a possible conflict of interest. Cheryl Kane reported back regarding Item 9.A., Conejo Ready Mix. She suggested that the Council withdraw to Closed Session to discuss the proposed changes to the Conditions of Approval. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to go into Closed Session under Government Code Section 54956.9(d)(1). The motion carried by 4 -0 voice vote, Councilmember Wozniak absent. Present in Closed Session were Councilmembers Montgomery, Perez, Talley and Mayor Lawrason, Councilmember Wozniak absent; Steven Kueny, City Manager; Cheryl Kane, City Minutes of the City Council Moorpark, California Page 17 February 19, 1992 Attorney; Richard Hare, Deputy City Manager; Pat Richards, Director of Community Development; Charles Abbott, City Engineer; and Dirk Lovett, Assistant City Engineer. The meeting reconvened into Open Session at 11:55 p.m. Ms. Kane stated that changes have been made to Conditions 1, 22, 23, 25, 26, 27, deletion of Conditions 35 and 51 and changes to Condition Nos. 52, 56 and a typographical change to Condition 24 have resulted in a written document which has been lodged with the court reporter to be included with the transcript. She suggested that the Council request the applicant's representative to confirm whether the applicant will withdraw the letter of protest delivered February 19th if these changes are acceptable to them. Harri Haikala confirmed that the changes are acceptable and that Conejo Ready Mix would withdraw the letter of objection conditioned on the adoption of the permit with the changes noted. Mayor Lawrason closed the public hearing. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve that the City Council direct staff to draft a resolution to be considered at the next regular meeting of March 4, 1992 approving Minor Modification No. 3, Conditional Use Permit No. 706 with the conditions and findings as modified this evening and agreed to by the applicant and that the permit is granted for a time period of ten (10) years, ending May 21, 2001. The motion carried by 4 -0 voice vote, Councilmember Wozniak absent. Councilmember Wozniak returned to the dais. 13. FUTURE AGENDA ITEMS: Councilmember Wozniak requested that the status of the Comprehensive Planning Ordinance (CPO) be added to a future agenda. Councilmember Montgomery said he has been drafting the CPO and would like to bring it back to full Council at the time they make their final determinations on the Land Use Designations of the General Plan Update. Minutes of the City Council Moorpark, California Page 18 February 19, 1992 Councilmember Wozniak said he would also like to add to a future agenda the various options that Ventura County Cable offers to other communities. He also mentioned that he would like to know the status of the downtown study with regard to transportation. He said planning should be occurring now for the commuter rail. Councilmember Montgomery said he would like the Planning Commission to address the issues of a noise ordinance. He said he would like consideration of an ordinance having to do with the aesthetics, ability and development of oil /natural gas drilling within the City limits. He said the City should outline an identification of what would and would not be allowed. 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 Ventura County Community College District vs. City of Moorpark. E. Litigation concerning the County of Ventura vs. City of Moorpark. F. Litigation concerning the Moorpark Mosquito Abatement District vs. City of Moorpark. G. Negotiations for Real Property at 280 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54956.8. H. Negotiations for Real Property on Los Angeles Avenue (East) pursuant to Government Code Section 54956.8. I. Litigation concerning Conejo Freeway Properties, LTD. vs. City of Moorpark. Minutes of the City Council Moorpark, California Page 19 February 19, 1992 J. Litigation concerning City of Moorpark vs. Southern California Edison, et al K. Negotiations for Real Property for Arroyo Vista Community Park pursuant to Government Code Section 54956.8. L. Negotiations for Real Property on the South Side of High Street (Southern Pacific /VCTC) pursuant to Government Code Section 54956.8. M. Negotiation for Real Property at the Moorpark Community Center site pursuant to Government Code Section 54956.8. N. Litigation concerning City of Moorpark vs. Moorpark Unified School District The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 12:03 a.m. The Council reconvened into Closed Session at 12:04 a.m. Present in Closed Session were all Councilmembers and Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney. The meeting reconvened into Open Session at 12:12 a.m. Mr. Kueny stated there was no action to report out of Closed Session and only items 14.B. and 14.J. had been discussed. 15. ADJOURNMENT: MOTION: Councilmember Talley moved and Councilmember Montgomery seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 1 .12 a.m. i Paul W. Lawrason Jr., blayor ATTEST:-