HomeMy WebLinkAboutMIN 1992 0701 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California July 1, 1992
A Regular Meeting of the City Council of the City of Moorpark was
held on July 1, 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 7:17 p.m.
2. PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Ashley Basquin.
3. ROLL CALL:
Present: Councilmembers Montgomery, Perez, Talley,
and Mayor Lawrason.
Absent: Councilmember Wozniak
Steven Kueny, City Manager; Richard Hare,
Deputy City Manager; Cheryl Kane, City
Attorney; Bill Phelps, Interim Director
of Community Development; Dirk Lovett,
Assistant City Engineer; Lt. Dean,
Sheriff's Department; Don Reynolds,
Administrative Services Manager; Jill
Rubin, Management Analyst; Mary Lindley,
Assistant to the City Manager; Lillian
Kellerman, City Clerk; Dorothy Vandaveer,
Deputy City Clerk.
4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS:
A. Recognizing July, 1992 as Parks and Recreation Month.
Mayor Lawrason presented a proclamation to the Parks and
Recreation Chairman Ron Corzine, Commissioner Sandy
Thompson and Commissioner John Hall.
B. Recognition of Miss Moorpark and Miss Teen Moorpark.
Mickey Stueck assisted Mayor Lawrason in presenting the
Miss Teen Moorpark pageant participants:
Mary Beth Henshaw, Contestant; Cheyenne Ritchie,
Contestant; Michelle Rivera, Contestant; Nikisha
Stills, Second Runner -up; Becky Bryan, First
Runner -up; Crystal Zemont, Miss Teen Moorpark.
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Moorpark, California Page 2
5.
July 1, 1992
Also presented were the Miss Moorpark pageant
participants:
Judy Hosobuchi, Contestant; Ashley Basquin, Miss
Moorpark.
Mayor Lawrason presented a package of Moorpark City
information and a City Seal to Becky Bryan to take with
her as a Student Ambassador to Australia.
REORDERING OF, AND ADDITIONS TO, THE AGENDA:
Councilmember Perez requested that an item be added to the
agenda as 11.H., consideration of authorization for overnight
travel to the Action Summit II for Affordable Housing.
MOTION: Councilmember Perez moved and Councilmember
Montgomery seconded a motion to add to the agenda as 11.H.
Consideration of Approval for Overnight Travel to the Action
Summit II for Affordable Housing, the need for action having
arisen after the posting of the agenda. The motion carried by
voice vote 4 -0, Councilmember Wozniak absent for the vote.
6. PUBLIC COMMENT:
Mike Smith, 195 West Los Angeles Avenue, Simi Valley, spoke
representing G. I. Rubbish. Mr. Smith said he is present to
answer any questions regarding item 11.B.
Jim Safechuck, 3303 Crazy Horse Drive, Simi Valley, spoke
representing Anderson Rubbish. He indicated that he is also
present to answer any questions regarding item 11.B.
Dave Ghirardelli, 2659 Townsgate Road, #101, Westlake Village,
representing Ventura Pacific Capital, said he is present to
provide any clarification needed for item 8.H.
Eloise Brown, 13193 Annette Street, invited the Councilmembers
and the public to the Fourth of July celebration which will be
held on July 4 at Glenwood Park beginning at 11:30 a.m. She
said there is no charge for this activity and it is being
sponsored by the Women's Fortnightly Club.
Dee Boysen, 24005 Ventura Blvd, #102, Calabasas, spoke
representing the Building Industry Association. She indicated
that the BIA is in support of the public being allowed to
speak at the time action/ discussion items are addressed by the
Council instead of being restricted to Public Comment only.
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Moorpark, California Page 3
7. COMMITTEE REPORTS:
None.
8. CONSENT CALENDAR (Roll Call Vote):
July 1, 1992
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to pull items 8.C., 8 . E. , and 8.H. and
approve the balance of the Consent calendar. The motion
carried by roll call vote 4 -0, Councilmember Wozniak absent
for the vote.
A. Consider Approval of Minutes of the Adjourned City
Council Meeting of June 22, 1992.
Consider Approval of Minutes of the Special City Council
Meeting of June 15, 1992.
Consider Approval of Minutes of the Special City Council
Meeting of June 10, 1992.
Consider Approval of Minutes of the Special City Council
Meeting of June 8, 1992.
Consider Approval of Minutes of the Special City Council
Meeting of May 27, 1992.
B. Warrant Register
FY 1991 -92
Manual Warrants 17689, 17770 - 17780 $275,167.06
Regular Warrants 17781 - 17876 $312,069.68
Voided Warrant 17775 $ (5,827.36)
D. Consider Acceptance of Grant Deed for Property at the
Southeast Corner of Condor Drive and Los Angeles Avenue
(Parcel A, Tract 3492). Staff Recommendation: Authorize
the City Clerk to execute a Certificate of Acceptance.
F. Consider Providing Street Sweeping Services for Gabbert
Road. Staff Recommendation: Authorize staff to add
Gabbert Road to the street sweeping schedule.
G. Consider Authorization to Advertise for Receipt of Bids
for the Construction of Site Improvements at Arroyo Vista
Community Park. Staff Recommendation: Approve design
and authorize advertisement for receipt of bids.
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Moorpark, California Page 4 July 1, 1992
I. Consider Agreement for Services of Interim Community
Development Director. Staff Recommendation: Approve
agreement.
J. Consider Aerospace v. State Board of Equalization. Staff
Recommendation: Authorize Mayor to send a letter to
Senator Seymour showing support of a 10 year pay back for
Aerospace refunds.
K. Consider City Manager Approved Contract for Griffin Park
Dirt Import. Staff Recommendation: Receive and file the
report.
L. Consider Approval of the Mitigated Negative Declaration
Prepared for Arroyo Vista Community Park. Staff
Recommendation: Approve the Mitigated Negative
Declaration.
M. Consider Resolution No. 92 -863 Calling and Givina Notice
of a General Municipal Election Consolidated with the
Statewide General Election in November and Resolution No.
92 -864 Requesting the County of Ventura to Provide
Election Services. Staff Recommendation: Adopt the
resolutions.
The following items were pulled from the Consent Calendar
for individual consideration:
C. Consider Authorization to Advertise for Receipt of Bids
for the Construction of Charles Street Storm Drain Street
and Sidewalk Improvement. Staff Recommendation: Approve
design and authorize advertisement for receipt of bids.
Mr. Kueny indicated that the soils report had not yet
been received regarding this matter and requested that
this item be continued.
MOTION: Councilmember Perez moved and Councilmember
Montgomery seconded a motion to continue this item to the City
Council meeting of July 15, 1992. The motion carried by voice
vote 4 -0, Councilmember Wozniak absent for the vote.
E. Consider Approval of Contract with Antelope Bus Service
for 1992/93. Staff Recommendation: Approve contract
with Antelope Bus Service for 1992/93.
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Moorpark, California Page 5 July 1, 1992
In response to Councilmember Talley, Ms. Lindley
indicated that staff is still working on a proposal for
a newer bus. She said Antelope Bus Service is searching
for a bus that will not cost the City additional money
but will meet the City's requirements.
MOTION: Councilmember Talley moved and Councilmember
Montgomery seconded a motion to authorize the Mayor to sign a
contract with Antelope Valley Bus, Inc. at a cost not to
exceed $91,600 for transit services for fiscal year 92/93.
The motion carried by voice vote 4 -0, Councilmember Wozniak
absent for the vote.
H. Consider Grant of Easement to Ventura Pacific Capital for
Use of Gisler Avenue Right -of -Way. Staff Recommendation:
Grant easement.
In response to Councilmember Talley, Mr. Kueny indicated
that the City still owns Gisler Road, which has not yet
been vacated.
MOTION: Councilmember Talley moved and Councilmember
Montgomery seconded a motion to approve and grant the easement
deed to Ventura Pacific Capital Group, subject to review and
approval of the necessary documents by the City Attorney and
City Manager. The motion carried by voice vote 4 -0,
Councilmember Wozniak absent for the vote.
9. PUBLIC HEARINGS:
A. Consider Resolution No. 92 -865 Revising Fees for Public
Works and Engineering Services. Staff Recommendation:
That the City Council 1) Determine the basis of the
proposed fee increase; 2) Adopt Resolution No. 92 -865
rescinding Resolution No. 84 -119 and adopting a new
interim fee structure for Public Works and Engineering
Services; 3) Authorize solicitation of proposals for
preparation of Engineering Fee Cost Study; 4) Direct
staff to prepare recommendations for further changes.
Mr. Kueny gave the staff report in the absence of the
Public Works Director, who is on vacation. He indicated
that this report was written in anticipation of a meeting
being held between the Council and the Building Industry
Association (BIA). He indicated that this meeting has
not yet taken place but that the setting of fees, on an
interim basis, needs to be completed.
Mayor Lawrason opened the public hearing.
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Moorpark, California Page 6 July 1, 1992
Ms. Kellerman indicated that new written information had
been received f rom Ms. Boysen of the BIA, who was the
only speaker for this item.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to waive the rules of procedure and
accept the information from the Building Industry Association.
The motion carried by voice vote 4 -0, Councilmember Wozniak
absent for the vote.
Dee Boysen, 24005 Ventura Blvd, Suite 102, Calabasas,
spoke representing the Building Industry Association.
She said she is pleased to hear that the Council intends
to conduct further discussions at the committee level
with the BIA and the Chamber of Commerce regarding the
realignment of Engineering and Public Works fees. She
recommended that the Council consider a reasonable
increase at a level the BIA will support. She indicated
that an increase based on the consumer price index would
exceed a reasonable increase for several items.
In response to Mayor Lawrason, Ms. Boysen indicated that
the BIA is supportive of an annual review of the fees and
that if a consumer price index increase is adopted, it
should be done on a "phased -in" basis.
The Council determined to allow Eloise Brown speak
regarding this subject.
Eloise Brown, 13193 Annette Street, spoke regarding the
permit process. Mrs. Brown indicated that it is in the
best interest of the City that residents be allowed to
maintain their homes in good repair. She indicated that
the City should maintain a fee schedule that is not
prohibitive to residents being able to repair or modify
their homes without experiencing high costs for permits
to do so. If the permit costs are too high, residents
will bypass that requirement or not repair their homes at
all.
The Council discussed revisions to the fees as follows:
Increase all fees consistent with the Consumer Price
Index with the exception of:
1) Use Column C on the Engineering Fee Comparison
(page 3 of Exhibit 3 ) for number 5, Fee Schedule
Improvement Cost.
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Moorpark, California Page 7
July 1, 1992
2) Revise amounts listed under the General
Encroachment Permits section (subsection 1 & 2) as
$10.00 to $25.00 and those listed as $25.00 to
$50.00.
3) Revise amounts listed under the Excavation Permits
section (subsection 1) as $10.00 to $25.00 and as
$25.00 to $50.00.
4) In Section VIII, "Time Extension Fee" should be
revised to "Proposed Fee ".
5) Revise Amounts listed under the Movie /TV Filming
section (subsection 1) to $25.00 without
Engineering Review and $50.00 with Engineering
Review.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to adopt Resolution 92 -865 as amended
by the Council this evening. The motion carried by voice vote
4 -0, Councilmember Wozniak absent for the vote.
10. COMMENTS FROM COUNCIL MEMBERS:
Mayor Lawrason indicated that the Council was concerned with
the railroad situation and the blocking of intersections by
trains. He said the Council will pursue a resolution of this
problem.
11. ACTION /DISCUSSION ITEMS:
A. Consider Changing Rules of Procedure to Allow Public
Comment During Discussion of Action Item. Staff
Recommendation: Direct staff as deemed appropriate.
In response to Councilmember Montgomery, Mr. Kueny
indicated he was concerned that a change in the Rules of
Procedure to allow public comments during the discussion
of an action item would result in a quasi public hearing.
Councilmember Montgomery indicated his support for a
three month trial period for changing the Rules of
Procedure.
The Council discussed the criteria under which speakers
would be allowed to address an action discussion item.
The criteria suggested by the Council is as follows:
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Moorpark, California Page 8
July 1, 1992
1. All speakers, including applicants or others with a
special interest in the item, be limited to three
minutes.
2. The Council to follow the practice of holding
comments /questions until the conclusion of all
public comment on the item under discussion.
3. All speakers would address the chair.
4. Speaker cards to be submitted prior to the
beginning of number it on the agenda, "Action
Discussion" items.
5. The Rules of Procedure would be amended to only
allow public comment under number 6 on the agenda,
"Public Comment ", to address items not listed on
the agenda or that were listed on the consent
calendar.
CONSENSUS: By consensus, th
staff to prepare a 3 month
Procedure as outlined in the
meeting of July 15th.
B. Commercial Solid Waste
Staff Recommendation:
appropriate.
e Council determined to direct
trial change in the Rules of
criteria listed above for the
Franchise Agreement Overview.
Direct staff as deemed
Ms. Rubin gave the staff report.
Councilmember Montgomery stated that every City around us
has an exclusive arrangement for commercial hauling and
it creates a "non -level playing surface ". Councilmember
Montgomery said that he recommended this item be referred
to the Budget and Finance Committee for discussion with
the two companies presently handling commercial refuse
within the City.
Mayor Lawrason stated that he was not aware of
difficulties that have been generated by the current
commercial hauling arrangements and is not convinced that
a change is necessary.
Councilmember Perez indicated that he concurred with
Mayor Lawrason.
Councilmember Talley said that there was some rationale
for renegotiating the agreement with the commercial
haulers.
Minutes of the City Council
Moorpark, California Page 9 July 1, 1992
CONSENSUS: By consensus, the Council determined to refer this
matter to the Budget and Finance Committee to determine
whether or not to establish minimum rates for commercial
hauling and to confer with the commercial haulers during their
review of this matter.
AT THIS POINT in the meeting, the Mayor declared a recess.
The time was 9:03 p.m. The meeting reconvened at 9:20 p.m.
C. Consider Bus Fare Increase, Effective July 13, 1992.
Staff Recommendation: Approve bus fare increase,
effective July 13, 1992.
Ms. Lindley gave the staff report.
Councilmember Montgomery suggested looking at a discount
for Senior Citizens and students, and possible off site
parking so college students could be given a ride to the
college to increase fare box returns.
Councilmember Talley said that the Transportation
Committee has looked at discount alternatives and are
still discussing those ideas. He said they would be
coming back to Council with a proposal. In addition, he
said there has been discussion regarding having the bus
run an earlier schedule. He said by the time the
commuter train is operational the City would have new
schedules and discounts in place.
MOTION: Councilmember Perez moved and Mayor Lawrason seconded
a motion to approve the staff and the Transportation Committee
recommendation to approve the increase in the one -way bus fare
to seventy -five cents ($.75) for Fiscal Year 1992/93,
effective August 3, 1992. The motion carried by voice vote 4-
0, Councilmember Wozniak absent for the vote.
D. Consider the Ventura County Waste Management Authority's
Reorganization Proposal. Staff Recommendation: Discuss
the proposal and direct the Mayor to respond in writing
to the Waste Commission, adopt Resolution No. 92 -856.
Ms. Lindley gave the staff report.
In response to Mayor Lawrason, Councilmember Montgomery
said that all ten cities have indicated their commitment
to a Regional authority, but have backed away from
establishing an interim authority. He said he was
optimistic, however, that the JPA would be signed.
Minutes of the City Council
Moorpark, California Page 10
July 1, 1992
MOTION: Councilmember Perez moved and Councilmember Talley
seconded a motion to approve Resolution No. 92 -856. The
motion carried by voice vote 4 -0, Councilmember Wozniak absent
for the vote.
E. Consider the Agreement for the Ventura County Council of
Governments and Appoint a City Representative. Staff
Recommendation: Approve the agreement for the Ventura
County Council of Governments and appoint a City
Representative.
Ms. Lindley gave the staff report.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to approve, in concept, the Joint
Powers Agreement for the formation of a Ventura County Council
of Governments. The motion carried by voice vote 4 -0,
Councilmember Wozniak absent for the vote.
Mayor Lawrason indicated he would like to volunteer as
the Council of Government (COG) representative for the
City.
Both Councilmember Montgomery and Councilmember Perez
indicated their willingness to serve as the alternate to
the COG.
Councilmember Montgomery indicated he will withdraw in
favor of Councilmember Perez as the alternate.
MOTION: Mayor Lawrason moved and Councilmember Perez seconded
a motion to approve Mayor Lawrason as the Council of
Government representative. The motion carried by voice vote
4 -0, Councilmember Wozniak absent for the vote.
MOTION: Councilmember Montgomery moved and Councilmember
Talley seconded a motion to approve Councilmember Perez as the
alternate to the Council of Government. The motion carried by
voice vote 4 -0, Councilmember Wozniak absent for the vote.
F. Consider Waiver of Rental Fees for Use of Softball Fields
by Moorpark Kiwanis Club. Staff Recommendation: Direct
staff as deemed appropriate.
Mr. Reynolds gave the staff report.
In response to Mayor Lawrason, Mr. Kueny indicated that
he did not believe that there would be any out of pocket
expense incurred by the City in connection with this
activity.
Minutes of the City Council
Moorpark, California Page 11 July 1, 1992
MOTION: Mayor Lawrason moved and Councilmember Talley
seconded a motion to waive the fees for the rental of the
softball field in the amount of $100, two sets of bases
($100), base deposit ($200), and authorize use of field drag,
liner, hoses and a landscape rake stored at Peach Hill Park
and give permission to operate a concession stand at Peach
Hill Park during the tournament. The motion carried by voice
vote 4 -0, Councilmember Wozniak absent for the vote.
G. Consider 1992/93 Proposed Goals and Objectives. Staff
Recommendation: Approve 1992/93 Goals and Objectives.
(Continued Item)
MOTION: Mayor Lawrason moved and Councilmember Montgomery
seconded a motion to table this item until after the State
budget adoption. The motion carried by voice vote,
Councilmember Wozniak absent for the vote.
H. Consider Authorizing Overnight Travel to the Action
Summit II for Affordable Housing.
Councilmember Perez indicated his desire to attend this
Conference and requested authorization by the Council.
MOTION: Councilmember Montgomery moved and Mayor Lawrason
seconded a motion to approve the request for authorization for
overnight travel to attend the Action Summit II for Affordable
Housing on July 23, 1992. The motion carried by voice vote 4-
0, Councilmember Wozniak absent for the vote.
12. ORDINANCES:
A. Ordinance No. 152 Amending Certain Provisions of Chapter
9.12 of Title 9 of the Moorpark Municipal Code,
Pertaining to Offenses Against Property (Handbill
Distribution).
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 voice vote 4 -0, Councilmember Wozniak absent
for the vote.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to waive further reading and declare
Ordinance No. 152 read for the second time and adopted. The
motion carried by voice vote 4 -0, Councilmember Wozniak absent
for the vote.
Minutes of the City Council
Moorpark, California Page 12 July 1, 1992
13. FUTURE AGENDA ITEMS:
Mayor Lawrason asked staff when the General Plan Update follow
up actions would be presented to the Council.
In response, Mr. Kueny indicated that an interim report would
be provided to the Council at the July 15th meeting.
14. CLOSED SESSION:
MOTION: Councilmember 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. Personnel pursuant to Government Code Section 54957.6.
C. Potential litigation pursuant to Government Code Section
54956.9(b) (1) .
D. Potential litigation pursuant to Government Code Section
54956.9(c).
E. Litigation concerning Ventura County Community College
District Case No. 107569 vs. City of Moorpark.
F. Negotiations for Real Property at 280 Casey Road
(Moorpark Unified School District) pursuant to Government
Code Section 54956.8.
G. Litigation concerning Conejo Freeway Properties, LTD. vs.
City of Moorpark.
H. Litigation concerning City of Moorpark vs. Southern
California Edison, et al.
The motion carried by voice vote 4 -0, Councilmember Wozniak
absent for the vote.
AT THIS POINT in the meeting, a recess was declared. The time
was 10:00 p.m. The Council reconvened into Closed Session at
10:05 p.m.
Present in Closed Session were all Councilmembers except
Councilmember Wozniak; Steven Kueny, City Manager; Richard
Hare, Deputy City Manager; and Cheryl Kane, City Attorney.
The meeting reconvened into open session at 10:56 p.m.
Minutes of the City Council
Moorpark, California Page 13 July 1, 1992
Mr. Kueny stated that there was no action to report out of
Closed Session and only items 14.A., 14.C., 14.D., 14.G., and
14.H. had been discussed.
15. ADJOURNMENT:
MOTION: Councilmember Perez moved and Councilmember Talley
seconded a motion to adjourn the meeting. The motion carried
by voice vote 4 -0, Councilmember Wozniak absent for the vote.
The time was 10:56 p.m. — r.
Paul Lawrason r., Mayor
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