HomeMy WebLinkAboutMIN 1992 1007 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California October 7, 1992
A Regular Meeting of the City Council of the City of Moorpark was
held on October 7, 1992 in the Council Chambers at 799 Moorpark
Avenue, Moorpark, CA.
1. CALL TO ORDER:
Mayor Lawrason called the meeting to order at 7:10 p.m.
2. PLEDGE OF ALLEGIANCE:
Mayor Lawrason led the Pledge of Allegiance.
3. ROLL CALL:
Present: Councilmembers Montgomery, Perez, Talley,
Wozniak, and Mayor Lawrason.
Steven Kueny, City Manager; Cheryl Kane,
City Attorney; Charles Abbott, City
Engineer; Dirk Lovett, Assistant City
Engineer; Sergeant Rouse, Sheriff's
Department; Ken Gilbert, Director of
Public Works; Christine Adams, Director
of Community Services; Mary Lindley,
Assistant to the City Manager; Don
Reynolds, Administrative Services
Manager; Deborah Traffenstedt, Senior
Planner; Paul Porter, Senior Planner;
Lillian Hare, City Clerk; Dorothy
Vandaveer, Deputy City Clerk.
4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS:
A. Honor Debi Ryono as the Ventura County Commission for
Women's 1992 Salute to Women Award Recipient in the Field
of Media.
The Certificate was presented to Debi Ryono by Mayor
Lawrason.
B. Proclamation to recognize October 1992 as United Way
Month.
Councilmember Wozniak presented the proclamation to
Connie Lawrason.
D. Proclamation to observe the Buckle Up for Life Challenge.
The proclamation was read by Councilmember Talley.
Minutes of the City council
Moorpark, California Page 2 October 7, 1992
E. Introduction of new Community Development Director.
Jim Aguilera was introduced by Mayor Lawrason.
5. REORDERING OF AND ADDITIONS TO THE AGENDA:
CONSENSUS: By consensus, the Council determined to reorder
the agenda to take item 12.A. prior to the Discussion /Action
items.
6. PUBLIC COMMENT:
Dale Feb, 448 Sundance Street, Thousand Oaks, spoke as owner
of D -Way Fireplace Inspection Service. He spoke about the
installation of fireplaces in the City of Moorpark and cited
several deficiencies that should be corrected by the original
contractor. He urged the City Council to take action to
ensure that these deficiencies are corrected.
Ruth Farabaugh, 13543 E. Cedarpine, spoke as a homeowner who
lives on the same street where a recent chimney fire
occurred. She said she hopes this item will be on the agenda
for the next time as this is a dangerous situation.
Clay Hempill, 3975 Woodlake Manor, spoke in support of
putting chimney shroud correction on the agenda and requested
that the City require the builder to correct the situation.
Larrey D. Hammons, 15750 E. Los Angeles Avenue, Space #63,
read a letter from Maurice A. Altott, owner of Space #97,
that stated his mobilehome has been for sale for 1 -1/2 years
without any success. The letter requested that the City
Council reconsider the issue of vacancy control. Mr. Hammons
submitted the letter to the City Clerk on behalf of Mr.
Altott.
Zig Niedzielski, 15750 E. Los Angeles Avenue, Space #67,
requested that the Council vote in favor of vacancy control.
Les Baucum, 15750 E. Los Angeles Avenue, Space #34, spoke as
a long time resident of Ventura County. He requested that
vacancy control be implemented again.
Virginia Sullins, 15750 E. Los Angeles Avenue, Space #10,
spoke in support of the vacancy control ordinance.
Frank Hilton, 15750 E. Los Angeles Avenue, Space #23, spoke
in favor of the vacancy control ordinance.
Minutes of the City council
Moorpark, California Page 3
October 7, 1992
Bill McMahon, 65 E. Third Street, spoke as overall acting
chairperson for the 1992 Country Days event. He expressed
his appreciation to City Council and staff members who helped
with the event. Specifically, he thanked Mary Lindley, Don
Reynolds, Richard Hare, Lt. Dean, Sgt. Marty Rouse, Steve
Kueny, Councilmember Montgomery, and Mayor Lawrason.
Gerry Goldstein, 11932 Los Angeles Avenue, spoke regarding
recent code enforcement actions and the resulting disposal of
items on his property.
7. COMMITTEE REPORTS:
Councilmember Montgomery reported on the last Waste
Commission meeting and the last meeting of the Santa Monica
Mountains Conservancy.
8. CONSENT CALENDAR:
MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion to pull items 8.L., B.M., and 8.N. and
approve the balance of the Consent Calendar. The motion
carried by unanimous roll call vote.
A. Consider Approval of Minutes of the Regular City Council
Meeting of August 19, 1992.
Consider Approval of Minutes of the Special City Council
Meeting of September 16, 1992.
Consider Approval of Minutes of the Regular City Council
Meeting of September 16, 1992.
Consider Approval of Minutes of the Adjourned Regular
City Council Meeting of September 9, 1992.
Staff Recommendation:
B. Warrant Register
FY 1992/93
Manual Warrants
Voided Warrants
Approve the minutes as processed.
18355 - 18360,
18434 -18442
16337, 18008,
182590, 18290
18339
$ 23,410.86
$ (2,720.83)
Regular Warrants 18451 - 18568 $123,294.57
Minutes of the City council
Moorpark, California Page 4
October 7, 1992
C. Consideration of Bids for Award of a Contract for
the Construction of Phase I Storm Drain and Street
Improvements on Charles Street. Staff
Recommendation: Continue to the next regularly
scheduled meeting or an adjourned meeting on
September 23. New Staff Recommendation: 1)
Approve a budget amendment and appropriation; 2)
Approve the request from R & H Paving to withdraw
their bid due to a clerical error; 3) Award a
contract for the construction of the subject
project to the lowest responsive bidder, O'Keefe
Engineering, Inc., in the amount of $256,377.05; 4)
Approve a ten per cent (10 %) contingency for the
project and authorize the City Manager to approve
additional work,if required, for an amount not to
exceed ten per cent (10 %) of the contract price; 5)
Authorize the Mayor to sign necessary contract
documents. (Continued Item 8.C. from 9/16/92)
D. Status of Basketball Court Resurfacing. Staff
Recommendation: Accept Parks and Recreation
Commission recommendation to proceed with
resurfacing of basketball courts at Campus Canyon
and Glenwood Parks.
E. Consider Conditional Certificate of Compliance No.
92 -1 (Mark McOueen). Staff Recommendation:
Receive and file the report.
F. City Manager Approved Contract: Copy Machine
Maintenance Agreement for the Canon NP2020. Staff
Recommendation: Receive and file the report.
G. City Manager Approved Contract: Copy Machine
Maintenance Agreement for the Canon NP7550. Staff
Recommendation: Receive and file the report.
H. Consider Award of Contract to Safety Striping
Services, Inc, in the Amount of $5,900.40 for a
Proiect to Restripe STOP Bars and Legends
throughout the City. Staff Recommendation: 1)
Award a contract to Safety Striping Services in the
amount of $5,900.40; 2) Approve a ten percent (10 %)
contingency and authorize the City Manager to
approve additional work; and 3) Authorize the Mayor
to sign necessary contract documents.
Minutes of the City council
Moorpark, California Page 5
October 7, 1992
I. Street Sweeping Contract Annual Cost -of- Living
Adjustment. Staff Recommendation: Receive and
file the report.
J. Consider Appointment of KPMG Pete Marwick for
Conducting the City's Independent Audit of City's
Financial Statements. Staff Recommendation:
Approve engagement of KPMG Pete Marwick and
authorize the City Manager to enter into the
agreement for an amount not to exceed $19,000.
K. Consider Providing Free Bus Service for "Park in
Day". Staff Recommendation: Approve Free Bus
Service for "Park in Day ".
O. Consider the Formation of a Senior Advisory
Council. Staff Recommendation: Continue this item
until October 21, 1992.
P. Consider Request for Amicus Participation in
Kawaoka V. City of Arroyo Grande. Staff
Recommendation: Authorize City to join Amicus.
The following items were pulled from the Consent Calendar
for individual consideration:
L. Consider Resolution No. 92 -886 Directing the
Planning Commission to Set a Public Hearing
Regarding Revisions to the City's Zoning Ordinance.
Staff Recommendation: Adopt Resolution No. 92 -886
directing the Planning Commission to study, set a
public hearing and provide a recommendation to the
City Council pertaining to reviewing the proposed
changes to the City's Zoning Ordinance.
In response to Councilmember Wozniak, Mr. Porter
clarified that with regard to political signs the intent
was to keep the signs off the top of other signs.
MOTION: Councilmember Wozniak moved and Councilmember
Montgomery seconded a motion to adopt Resolution No. 92-
886. The motion carried by unanimous voice vote.
M. Consider Budget Amendment to Fund Prior Year
Project (Traffic Signal: Peach Hill Road and
Spring Road). Staff Recommendation: Approve the
appropriation of funds and the amendment of the FY
1992/93 Budget.
Minutes of the City council
Moorpark, California Page 6
October 7, 1992
In response to Councilmember Wozniak, Mr. Kueny clarified
that this is the continuation of a project that was
anticipated to be completed prior to the end of the
1992/93 fiscal year.
MOTION: Councilmember Wozniak moved and Councilmember
Montgomery seconded a motion to authorize an amendment to
the fiscal year 92/93 budget, loaning $58,000 from the
Gas Tax Fund (Fund 03) to the Tierra Rejada /Spring Road
AOC (Fund 26) and the appropriation of $58,000 from Fund
26, and $19,000 from the Local Transportation Fund (Fund
11) for a total appropriation of $77,000 for the Spring
Road /Peach Hill Traffic Signal Project. The motion
carried by unanimous roll call vote.
N. Consider Amending Certain Sections of Ordinance No.
14_ to Extend the Rebuild of the Ventura Countv
Cablevision Cable Television System located in the
City to Allow for the Upgrade of the Rebuild to
Include the Use of Hybrid Fiberoptical /Coaxial
Design. Staff Recommendation: Direct the City
Attorney and the Budget and Finance Committee
(Lawrason, Montgomery) to review the proposed
amendments to Ordinance 134 and to prepare a final
form for first reading on October 21, of an
ordinance amending Ordinance 134.
Councilmember Perez indicated his interest in
learning if the programming could be expanded to
include Spanish speaking entertainment.
MOTION: Councilmember Perez moved and Councilmember
Montgomery seconded a motion to direct the City Attorney
and the Budget and Finance Committee to review the
proposed amendments to Ordinance No. 134 and to prepare
in final form for first reading on October 21, an
ordinance amending Ordinance No. 134; staff requested to
investigate the possibility of expanding Spanish speaking
programming on the Governmental Channel. The motion
carried by unanimous voice vote.
9. PUBLIC HEARING:
None.
10. COMMENTS FROM COUNCIL MEMBERS:
Councilmember Perez clarified that Dave Winder, not Dave
Vandaveer was co -chair of the United Way committee.
Minutes of the City council
Moorpark, California Page 7
12. ORDINANCES:
October 7, 1992
A. Consider Second Reading and Adoption of Ordinance No. 153
to Amend Chapter 5.52 of Title 5 of the Municipal Code
Mobilehome Park Rent Stabilization.
Ms. Kane read the ordinance title.
MOTION: Councilmember Talley moved and Councilmember
Montgomery seconded a motion to read the ordinance title
only. The motion carried by unanimous voice vote.
MOTION: Councilmember Talley moved and Councilmember
Montgomery seconded a motion to declare Ordinance 153
read for the second time and adopted. The motion carried
by unanimous voice vote.
Mr. Kueny requested the Council's indulgence in allowing Mr.
Hare to give the Council an update on the interconnect of the
cable system between Ventura County Cable and Mountain
Meadows Cable (Entertainment Express).
Mr. Hare reported that the connection was progressing. He
said that Channel 10 will be seen on both the Mountain
Meadows Cable and Ventura County Cable systems. He said a
very important aspect of the connection would be that Channel
10 would be able to convey information during an emergency to
the whole City. He indicated that when the Governmental
Channel was broadcast in Mountain Meadows those programs now
being shown on Channel 10 in Mountain Meadows would be moved
to Channel 14.
Councilmember Montgomery announced that Friday night at 6:00
p.m. there will be a broadcast of the Country Days parade.
11. ACTION /DISCUSSION ITEMS:
A. Consider City of Moorpark Tenth Anniversary Celebration.
Staff Recommendation: Direct staff as deemed
appropriate.
Ms. Adams gave the staff report.
Mayor Lawrason commented that the report was excellent.
He said he would very much like to plant a grove of
apricot trees in the City.
After Council discussion, the following consensus actions
were recorded:
Minutes of the City council
Moorpark, California Page 8
October 7, 1992
CONSENSUS: By consensus, the Council determined to
direct that 1) the commission subcommittee invite
interested organizations within the City to a planning
meeting for the purpose of ascertaining the amount of
involvement these groups are willing to provide; 2) that
the City not sponsor a fireworks show but coordinate
other anniversary activities with a fireworks or laser
show sponsored by a nonprofit or business group; 3) that
the design of an anniversary logo be accompanied by the
selling of street banners, similar to the Metrolink
banners, but that there be no direct solicitation of
contributions from the community for this event, other
groups could sponsor individual activities which would
add more elements to the celebration without impacting
City funds; 4) that staff and the commission committee
begin to develop a formal outline of activities and
determine more definite cost parameters with a formal
report to be forwarded to the Council for final approval;
5) that the Chamber of Commerce be utilized in terms of
identifying resources for equipment and assistance by the
business community; 6) that staff and the commission
committee plan activities throughout the month of June
leading up to the anniversary date week -end of July 1 -
4.
AT THIS POINT in the meeting, Mayor Lawrason presented
the proclamation to recognize the Ten Years of Blessings
in Faith for the Holy Cross parish to Mike Ellis.
B. Consider Procedure for Reporting Out of Council
Committees. Staff Recommendation: Institute an
annotated agenda process to provide the full Council a
report out of committee.
Ms. Hare gave the staff report.
In response to Councilmember Perez, Ms. Hare indicated
that in order to reduce paper flow a binder could be
established at the Council desk where all Council
Committee annotated agendas would be placed for review
by the full Council.
MOTION: Councilmember Perez moved and Councilmember
Talley seconded a motion to approve the institution of an
annotated agenda process to provide the full Council a
report out of committee with the added direction to staff
that the reports not be distributed to individual Council
members, but be placed in a binder at the Council desk
for all to read. The motion carried by unanimous voice
Minutes of the City council
Moorpark, California Page 9 October 7, 1992
vote.
AT THIS POINT in the meeting, Mayor Lawrason declared a
recess. The time was 9:08 p.m.
The Council reconvened at 9:30 p.m.
CONSENSUS: By consensus, the Council determined to waive
their Rules of Procedure and allow Mr. McQueen to speak.
Mark McQueen, 181 -1/2 Wicks Road, spoke regarding item
8.E., the Conditional Certificate of Compliance #92 -1,
approved by the Council earlier this evening. Mr.
McQueen said he did not believe the map indicated in the
staff report accurately depicted the property. He also
said that the November 25, 19 9 2 date by which he must
show proof of ownership is not reasonable.
Councilmember Montgomery indicated that he spoke with Mr.
McQueen during the break. He said by minute action the
Council could show that the submittal of a revised map
for the Certificate of Noncompliance was acceptable. He
also said that Mr. McQueen could contact the City on
November 4 with the information as to whether the
November 25th deadline could be met; at which time, if it
could not be met an adjustment of the November 25th date
could be made.
CONSENSUS: By consensus, the Council determined to
approve the minute action as outlined by Councilmember
Montgomery above.
C. Consider Purchase of Surplus Caltrans Property on the
South Side of Los Angeles Avenue West of the Freeway
Overpass. Staff Recommendation: 1) Authorize staff to
commence discussions with Caltrans regarding the possible
acquisition of the subject property, 2) Authorize staff
to make an offer for the purchase of said property for a
reasonable price as determined by the City Manager not to
exceed the appraised value of the property, and 3)
Appropriate funds in the amount of $100,000 from the Los
Angeles Avenue AOC for acquisition, appraisal and related
costs for said property
Mr. Gilbert gave the staff report.
MOTION: Councilmember Wozniak moved and Councilmember
Montgomery seconded a motion to authorize staff to
commence discussions with CalTrans regarding the possible
Minutes of the City council
Moorpark, California Page 10
October 7, 1992
acquisition of the subject property; to authorize staff
to make an offer for the purchase of said property for a
reasonable price as determined by the City Manager not to
exceed the appraised value of the property; and
appropriate funds in the amount of $100,000 from the Los
Angeles Avenue AOC for acquisition, appraisal and related
costs for the property. The motion carried by unanimous
roll call vote.
D. Consider City Assistance in Publishing a Business and
Community Directory. Staff Recommendation: Approve City
assistance, appropriate $3,000 from Gann Funds and
authorize City Manager to work with Chamber of Commerce.
Mr. Kueny gave the staff report.
MOTION: Councilmember Perez moved and Councilmember
Talley seconded a motion to approve the staff
recommendation; approve City assistance for publishing
the Chamber of Commerce directory, to authorize an
appropriation of $3,000 from the Gann Fund, authorize the
City Manager to make expenditures at his discretion and
authorize him to work with the Chamber of Commerce on
this item. The motion carried by unanimous roll call
vote.
E. Consider Request By Stephen Anderson Concerning
Recordation of the Reimbursement Agreement Between City
and TOPA (PD 1064). Staff Recommendation: Direct staff
as deemed appropriate.
Mr. Kueny gave the staff report. He indicated his belief
that City staff could work with Mr. Anderson to come up
with a solution that would satisfy both the City and Mr.
Anderson.
In response to Councilmember Wozniak, John Newton, the
representative for Mr. Anderson, said he believed the
issue could be resolved to everyone's satisfaction.
MOTION: Councilmember Talley moved and Councilmember
Wozniak seconded a motion to direct City staff to meet
with Mr. Anderson to work out a solution. The motion
carried by unanimous roll call vote.
F. Consider Authorization to Advertise for Receipt of Bids
for the Construction of a Community Building and
Gymnasium at Arroyo Vista Community Park. Staff
Recommendation: Approve the plans and specifications for
Minutes of the City council
Moorpark, California Page 11
October 7, 1992
the subject project provided any substantive revisions to
come from building plan checking are approved by the City
Council; approve the Construction Documents Phase of the
architect's contract; approve an increase to the
architect's fee as defined in the staff report; authorize
staff to advertise for receipt of bids.
Mr. Gilbert gave the staff report. Councilmember Wozniak
commented that he would encourage the Council to look at
the specifications for the project and make any
suggestions as to cost reduction cuts.
MOTION: Councilmember Perez moved and Councilmember
Montgomery seconded a motion to approve the plans and
specifications for the Arroyo Vista Park Community
Building and gymnasium provided any substantive revisions
to come from building and plan checking are approved by
the City Council; approve the construction documents
phase of the architect's contract; approve an increase to
the architect's fee of a net increase in the contract
amount of $9,696.25; authorize staff to advertise for
receipt of bids for the construction of a community
building at Arroyo Vista Community Park. The motion
carried by unanimous voice vote.
G. Consider Lack of Sites for Refuse Facilities in Western
Ventura County. Staff Recommendation: Direct staff as
deemed appropriate.
Ms. Lindley gave the staff report.
Eloise Brown, 13193 Annette Street, spoke stating that
some of the sites originally looked at were directly
north of the City of Moorpark. She urged the Council to
take decisive action with regard to this issue and
quickly.
Gerry Goldstein, 11932 Los Angeles Avenue, spoke stating
that landfills are difficult to find. He also spoke
regarding solid waste control.
Councilmember Montgomery provided background information
regarding the lack of sites for refuse facilities in the
Western Wasteshed of Ventura County. He said there is a
need to direct staff to fully participate in the Ventura
Regional Sanitation District study of short and long term
impacts.
Minutes of the City council
Moorpark, California Page 12
October 7, 1992
Councilmember Wozniak suggested that a joint letter from
the City of Simi Valley, Thousand Oaks and Moorpark be
sent to the Ventura County Board of Supervisors stating
that all three cities would take whatever action
necessary to keep the garbage trucks out of the Simi
Valley Landfill and away from the City of Moorpark. He
indicated that it is imperative that the Board of
Supervisors understand the seriousness of the decision
they are about to make.
CONSENSUS: By consensus, the Council determined to
authorize Councilmember Montgomery to draft a letter in
conjunction with Alex Fiore from the City of Thousand
Oaks and Bill Davis from the City of Simi Valley
regarding this matter and to bring the draft letter back
to the full Council for consideration at the next
meeting. The Council also determined that direct
communication between the elected officials of Moorpark
and the Board of Supervisors regarding this item should
also be continued.
13. FUTURE AGENDA ITEMS:
None.
14. CLOSED SESSION:
MOTION: Councilmember Montgomery moved and Councilmember
Perez 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.
Minutes of the City council
Moorpark, California Page 13 October 7, 1992
G. Litigation concerning Conejo Freeway Properties, LTD. vs.
City of Moorpark.
H. Litigation concerning City of Moorpark vs. Southern
California Edison, et al.
I. Negotiations for Real Property on the South Side of High
Street (Southern Pacific /VCTC) pursuant to Government
Code Section 54956.8.
J. Litigation concerning Moorpark vs. Fidelety Corporation.
K. Litigation concerning City of Thousand Oaks, et al, vs.
County of Ventura.
L. Negotiations for Real Property on the South Side of Los
Angeles Avenue West of the Freeway overpass (La Falda)
pursuant to Government Code Section 54956.8.
The motion carried by unanimous voice vote.
AT THIS POINT in the meeting a recess was declared. The time
was 10:40 p.m. The Council reconvened into Open Session at
10:50 p.m.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to add 1) Litigation concerning City
of Moorpark vs. Foster Enterprises (Case No. SM 010286)
Complaint for Unlawful Detainer, and 2) Litigation concerning
City of Moorpark vs. S &K Ranch, Inc. (Case No. SM 010285)
complaint for Unlawful Detainer to the Closed Session items
as 14.M. and 14.N., respectively, need for action having
arisen after the posting of the agenda. The motion carried
by unanimous voice vote.
MOTION: Councilmember Wozniak moved and Councilmember Talley
seconded a motion to go into Closed Session under all items
including 14.M., City of Moorpark vs. Foster Enterprises
(Case No. SM 010286), and 14.N., City of Moorpark vs. S &K
Ranch, Inc.(Case No. SM 010285). The motion carried by
unanimous voice vote.
Present in Closed Session were all Councilmembers; Steven
Kueny, City Manager; Richard Hare, Deputy City Manager; and
Cheryl Kane, City Attorney.
The meeting reconvened into Open Session at 12:23 a.m.
Minutes of the City council
Moorpark, California Page 14
October 7, 1992
Mr. Kueny stated there was no action to report out of Closed
Session and only items 14.B., 14.D., 14.E., 14.H., 14.J., and
14.K., 14.M. and 14.N. had been discussed.
15. ADJOURNMENT:
MOTION: Councilmember Montgomery moved and Councilmember
Talley seconded a motion to adjourn. The motion carried by
unanimous voice vote. The time was 12:24 a.m.
G 'A ti
Paul W. Lawrason Jr4 Mayor