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HomeMy WebLinkAboutMIN 1994 0202 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California February 2, 1994 A Regular Meeting of the City Council of the City of Moorpark was held on February 2, 1994 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 7:15 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Carol Ghens. 3. ROLL CALL: Councilmembers Hunter, Montgomery, Perez, and Mayor Lawrason. Absent: Councilmember Wozniak Staff Present: Steven Kueny, City Manager; Cheryl Kane, City Attorney; Richard Hare, Deputy City Manager; Lieutenant Dean, Sheriff's Department; Jim Aguilera, Director of Community Development; Ken Gilbert, Public Works Director; Mary Lindley, Assistant to the City Manager; Dirk Lovett, Assistant City Engineer; Charles Abbott, City Engineer; Don Reynolds, Administrative Services Manager; Jill Myers, Management Analyst; Lillian Hare, City Clerk; and Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Recognition of Senior Citizens who have contributed to the Community of Moorpark from 1983 -1993. Mayor Lawrason and Councilmember Hunter, aided by Carol Ghens, presented certificates to Senior Citizen Volunteers. B. Proclamation of February as "Have a Heart - Be A Volunteer Month" in Moorpark. Mayor Lawrason read the proclamation and presented it to Carol Ghens, Senior Center Coordinator, on behalf of the seniors. Minutes of the City Council Moorpark, California Page 2 February 2, 1994 C. Proclamation of February 6 -12 as "Scouting Anniversary Week ". Mayor Lawrason read the proclamation and presented it to Roland Ouelette, Camping Division Director. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. AT THIS POINT in the meeting, the City Council recessed. The time was 7:35 p.m. The Council reconvened at 7:55 p.m. 6. PUBLIC COMMENT: Eloise Brown, 13193 Annette Street, commented that the City Council should consider implementing the revisions to the Brown Act as soon as possible. She also mentioned that the City should have provided a person or persons in the parking lot of City Hall to answer questions during the earthquake emergency. 7. COMMITTEE REPORTS: None. 8. CONSENT CALENDAR (Roll Call vote): MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to pull Items 8.C., 8.D., 8.G. and 8.V. and to 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 Special City Council Meeting of January 19, 1994. Consider Approval of Minutes of the Emergency City Council Meeting of January 17, 1994. Staff Recommendation: Approve the minutes as processed. Minutes of the City Council Moorpark, California Page 3 February 2, 1994 B. Consider Approval of the Warrant Register. Manual Warrants 22169- 22171, 22310 -22319 $ 32,546.11 Regular Warrants 22320 -22422 $251,142.30 Staff Recommendation: Approve the Warrant Register. E. Consider Authorizing the Expenditure of Moorpark's Share of the Ventura County Waste Commission's Financial, Legal, and Risk Audit. Staff Recommendation: Authorize the appropriation of $12,300 from the General Fund Reserve to be expended for the City's share of Ventura County Waste Commission's Financial, Legal, and Risk audit (01.161.641). F. Consider Use of Donation to the Senior Survival Mobile. Staff Recommendation: That the City Council appropriate an additional $500 to the Senior Survival Mobile program, (account 01.117.641), on behalf of the Moorpark Active Senior, Inc., to be used as described by PSSA in their proposal, and appropriate the remaining $500 for use during the first two quarters of next fiscal year as part of the Council's 1994/95 budget action. H. City Manager Approved Contract with Crafts Cabinets, Inc. for the Installation of Cabinets in the Arroyo Vista Community Park Buildings. Staff Recommendation: Receive and file the report. I. Consider Partial Exoneration of Bonds for Tract 3963 -1, -2 & -3 (Griffin). Staff Recommendation: Authorize the City Clerk to exonerate the bonds listed in this report. J. Consider Resolution No. 94 -1004 Amending Resolution No. 92 -888 by Changing the Parking Restriction Established for the Property at the Southwest Corner of High Street and Moorpark Avenue from No Overnight Parking to No Parking_ Anytime. Staff Recommendation: Adopt the Resolution amending Resolution No. 92 -888 by changing the parking restriction established for the property at the southwest corner of High Street and Moorpark Avenue from No Overnight Parking to No Parking Anytime. Minutes of the City Council Moorpark, California Page 4 February 2, 1994 K. Consider Resolution No. 94 -1005 Establishing NO STOPPING ANYTIME Zones on Both Sides of Spring Road between New Los Angeles Avenue and High Street. Staff Recommendation: Adopt Resolution No. 94 -1005 establishing NO STOPPING ANYTIME on both sides of Spring Road between New Los Angeles Avenue and High Street. L. Consider Authorizing Recordation of Notice of Completion for a Project to Construct the Sunnyslope Debris Basin Access Road. Staff Recommendation: 1) Accept the work as complete; 2) Instruct the City Clerk to file the Notice of Completion; and, 3) Authorize the release of the retention upon clearance of the thirty -five (35) day lien period. M. Revised Implementation Schedule for the Enforcement of Parking Restrictions to Facilitate Street Sweeping. Recommendation: Approve revised schedule for the enforcement of parking restrictions to facilitate street sweeping. N. Consider Amendment to Contract with VCE, Inc. for the Design of the Arroyo Vista Community Park Pedestrian Bridge for Preparation of a Hydrology Report. Staff Recommendation: Approve the additional services described in the report and an increase in the contract fee from $53,714 to $58,714; approve a ten per cent contingency and authorize the City Manager to approve additional work, if required, not to exceed ten percent of the revised contract amount; and authorize the City Manager to sign necessary contract documents. O. Consider Amendment to the Budget for Certain Publics Works Programs. Staff Recommendation: Approve an additional appropriation from the General Fund ($1000.00) and the Gas Tax Fund ($10,035.00) and approve budget amendments for certain Public Works programs as defined in the staff report. P. Consider Authorization to Execute Lease Agreement by and between the City of Moorpark and Boething Treeland Farms, Inc. Staff Recommendation: Staff recommends that the City Council authorizes the Mayor to execute the Lease Agreement by and between the City of Moorpark and Boething Treeland Farms, Inc. subject to final language approval of the City Manager and City Attorney. Minutes of the City Council Moorpark, California Page 5 February 2, 1994 Q. Consider Award of Contract for Landscape Architect Services for Home Acres Buffer Zone. Staff Recommendation: Award bid to Lawrence R. Moss & Associates for $5400.00 to provide conceptual design, final draft design, and construction documents for Home Acres Buffer Zone. R. Consider Rescinding Resolution 92 -878 and adopting Resolution 94 -1006 Amending Council Rules of Procedure. Section 9.2, to Reflect the Change in State Law to Now Require a Majority Rather than a Four - fifths Vote to Waive Reading of a Proposed Ordinance in Its Entirety. Staff Recommendation: Rescind Resolution 92 -878 and Adopt Resolution 94 -1006. S. Consider Acceptance of Assessment District 92 -1 (Mission Bell Plaza Phase I). Staff Recommendation: 1) Accept the work as complete; 2) Instruct the City Clerk to file the Notice of Completion; and 3) Authorize the release of the retention upon clearance of the thirty -five (35) day lien period. T. Consider Exoneration of Bonds for Tracts 3841 -- Heatherglen (Griffin Homes). Staff Recommendation: Authorize the City Clerk to exonerate the bonds listed in the report. U. Consider Adoption of Resolution 94 -1007 for the Use of CDBG for Disaster Services. Staff Recommendation: Adopt Resolution 94 -1007. W. Consider Moorpark Redevelopment Agency Mid -Year Budget Review and Adjustment. Staff Recommendation: That the City Council approve the proposed amendment to the Agency budget for the remainder of Fiscal Year 93/94. X. Consider Support for Bailard Landfill Extension Permit. Staff Recommendation: Direct the City Manager to write a letter to the Ventura County Planning Commission expressing the City's support for the Bailard Landfill Permit Application (CUP -3650 MOD. No 1). Y. Consider Moorpark Redevelopment Agency Annual Report. Staff Recommendation: Staff recommends that the City Council review and accept the annual report for filing with the appropriate agencies. Minutes of the City Council Moorpark, California Page 6 February 2, 1994 The following items were pulled from the Consent Calendar for individual consideration: C. Consider Approval of a Project to Drill a New Irrigation Well at Arroyo Vista Community Park. Staff and Committee Recommendation: Direct staff to develop a design for the drilling of a new irrigation water well to replace the east well at Arroyo Vista Community Park for a cost not to exceed $4,000. In response to Councilmember Perez, Mr. Gilbert stated that the boron content of the water did not make it unsuitable to use for irrigation, as confirmed by the Landscape Architect for this project. He said there were no indications that the levels of boron would increase. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve the staff and Public Works, Facilities and Solid Waste Committee's recommendation to direct staff to proceed with efforts necessary to develop a design for the drilling of a new irrigation water well to replace the east well at Arroyo Vista Community Park for a cost not to exceed $4,000. The motion carried by roll call vote 4 -0, Councilmember Wozniak absent for the vote. D. Consider Proposal for Emergency Generator. Staff Recommendation: Authorize staff to procure the services of an electrical engineer to design a system for both the Community Center and City Hall and authorize the City Manager to process bid solicitation and award of contract for electrical work at City Hall, and if funds are available for the Community Center, at a cost not to exceed $23,000 and consistent with the report. In response to Councilmember Hunter, Mr. Reynolds indicated that the funds were originally appropriated for this item in fiscal year 1989/90. MOTION: Councilmember Hunter moved and Councilmember Montgomery seconded a motion to authorize staff to procure the services of an electrical engineer to design a system for both the Community Center and City Hall and authorize the City Manager to process bid solicitations and award of contract for electrical work at City Hall, and if funds are available for the Community Center, at a cost not to exceed $23,000 and consistent with the staff report dated January 25, 1994. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. Minutes of the City Council Moorpark, California Page 7 February 2, 1994 G. Consider Changes to the Parking Citation Hearing Officer Agreement. Staff Recommendation: Authorize staff to explore options for providing the parking citation hearing officer services (including remaining with the City of Thousand Oaks) and express to Camarillo a willingness to establish a joint service between the two cities. In response to Councilmember Hunter, Mr. Reynolds said that the option to provide in -house hearings would perhaps be the simplest procedure for City residents as well as being less expensive for the City. Councilmember Hunter said he supports the in -house option. MOTION: Councilmember Hunter moved and Councilmember Montgomery seconded a motion to authorize staff to explore options for providing the parking citation hearing officer services including remaining with the City of Thousand Oaks and to express to Camarillo a willingness to establish a joint service between the two cities. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. V. Consider Resolution 94 -1008 Establishing Restricted Parking Zones on High Street and Magnolia Street. Staff Recommendation: Adopt Resolution 94 -1008. In response to Councilmember Hunter, Ms. Lindley indicated that there were 25 - 30 parking spaces available in the south parking lot. Councilmember Hunter indicated he could support the resolution if flyers notifying of the change establishing restricted parking zones on High Street and Magnolia Street would be placed on the cars now parking in those areas. Ms. Lindley also indicated that the resolution should be amended to add a time for the parking restriction of between 6:00 a.m. and 6:00 p.m. Mayor Lawrason indicated that Metrolink commuters had approached him saying the reason they didn't use the south parking lot because of the difficulty in exiting the parking lot due to the volume of traffic on Moorpark Avenue. Minutes of the City Council Moorpark, California Page 8 February 2, 1994 Ms. Lindley said that there will be bids to construct an additional exit lane from the south parking lot for the Council to consider in two weeks. MOTION: Councilmember Hunter moved and Councilmember Montgomery seconded a motion to adopt Resolution No. 94 -1008 establishing restricted parking zones on High Street and Magnolia Street as amended with the language provided by Ms. Lindley regarding a 6:00 a.m. to 6:00 p.m., Monday through Friday, limit to the restriction; and to appropriately notify those persons now parking on High Street and Magnolia Street; the notice to state the date on which enforcement would begin. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. Mayor Lawrason asked if Items 9.A. and 9.B. could be considered jointly. In response to Mayor Lawrason, Mr. Gilbert indicated that public hearing items 9.A.. and 9.B. could be considered together. 9. PUBLIC HEARINGS: A. Consider Resolution No. 94 -1009 to Enable the Enforcement of the California Vehicle Code on Property Located at the Northeast Corner of New Los Angeles Avenue and Spring Road (McDonald's) . Staff Recommendation: Adopt the attached resolution declaring certain roads and parking facilities on private property subject to the California Vehicle Code. B. Consider Resolution No. 94 -1010 to Enable the Enforcement of the California Vehicle Code on Property Located at the Northwest Corner of Los Angeles Avenue and Park Lane (Mission Bell Plaza). Staff Recommendation: Adopt the attached resolution declaring certain roads and parking facilities on private property subject to the California Vehicle Code. Mayor Lawrason opened the public hearing for items 9.A. and 9.B. jointly. Ms. Hare stated for the record that notice of the public hearing was sent to each applicant for these items in accordance with the requirements of the California Vehicle Code. Minutes of the City Council Moorpark, California Page 9 February 2, 1994 Ms. Hare stated there were no speakers for either public hearing 9.A. or 9.B. Mayor Lawrason closed the public hearing. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve Resolution No. 94 -1009 declaring certain roads and parking facilities on private property at the northeast corner of New Los Angeles Avenue and Spring Road (McDonald's) subject to the California Vehicle Code; and to adopt Resolution No. 94 -1010 declaring certain roads and parking facilities on private property located at the northwest corner of New Los Angeles Avenue and Park Lane (Mission Bell Plaza) subject to the California Vehicle Code. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. C. Consider Resolution No. 94- to Vacate Portion of Science Drive; Vacation V -94 -1. Staff Recommendation: 1) Hold a public hearing and consider all evidence; 2) Continue the public hearing to a February 16, 1994; 3) Direct staff to prepare and bring before the City Council a Resolution of Vacation, at the earliest possible time. Mike Myers, from the City Engineer's Department, gave the staff report. Councilmember Hunter indicated that he would abstain from voting on this item to avoid the appearance of a possible conflict of interest. Mayor Lawrason opened the public hearing. Ms. Hare indicated that the public hearing was properly noticed by publication in the Moorpark News Mirror and that the proofs of publication were on file in her office. Ms. Hare said there were no speaker cards received for this item, but that Christina Bradley from Southern California Edison had requested that the Council be provided a letter addressed to Mr. Mike Myers written by herself. The City Clerk provided copies of the letter to the Council. Mr. Myers stated that the letter is indicative of the reason a resolution is not being recommended for adoption this evening. He said that all existing public service Minutes of the City Council Moorpark, California Page 10 February 2, 1994 and utility facilities within the area are proposed to be vacated and that the owners /operators have been advised of this request to vacate. He said no agencies or companies have indicated that they object to such vacation; however, all have indicated that if the existing right of way is vacated they desire that the City retain suitable public service easements for their existing facilities if satisfactory arrangements cannot be made regarding removal or relocation. He said Mr. Lumley could provide more information regarding the progress to arrange for the relocation of all existing facilities which, if accomplished to the satisfaction of the respective agency or utility company, would negate any need to reserve a public service easement. Robert Lumley, 1641 Fiske Place, Oxnard, addressed the Council representing G &S Partnership. He said he believed that the easement question could be resolved in the next two weeks. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to continue this matter to the City Council meeting of February 16, 1994; the public hearing to remain open; to direct staff to prepare the resolution of vacation at the earliest possible time. The motion carried by a voice vote 3 -0, Councilmember Hunter abstaining and Councilmember Wozniak absent for the vote. 10. COMMENTS FROM COUNCILMEMBERS: A. Consider Appointment to the Santa Monica Mountains Conservancy. (Continued Item 10.A. from 1/19/94) Councilmember Montgomery indicated he would be willing to continue to serve on an interim basis until an appointment is made. Councilmember Hunter said he would like an appointment to be considered from the community. CONSENSUS: By consensus, the Council determined to notice the public of this appointment and to follow the City's normal appointment practice; a staff member to be designated as an alternate. B. Consider Appointment to the Moorpark Mosquito Abatement District. Ms. Hare gave the staff report. Minutes of the City Council Moorpark, California Page 11 February 2, 1994 MOTION: Mayor Lawrason moved to appoint and Councilmember Hunter seconded the appointment of David Austin. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. Mayor Lawrason indicated that the Council would like to recognize Bill LaPerch for his contribution to the City while serving on the Moorpark Mosquito Abatement District Board. 11. ACTION /DISCUSSION ITEMS: A. Consider Procurement of a Second Pool Car. Staff Recommendation: 1) approve an appropriation of funds from the Equipment Replacement Fund (031.3.999.999) in the amount of $10,000; 2) approve an amendment to the FY 1993/93 Budget ( #003.4.142.904) in the amount of $10,000 for the purchase of a second pool car; 3) Authorize the City Manager to purchase said vehicle for a cost not to exceed $10,000. (Continued item 11.E. from 1/19/94.) Mr. Gilbert gave the staff report. Mayor Lawrason stated that he believes the pool car use policy should state that the use of a pool car for City business trips is "mandatory" rather than "preferred" to the use of the employee's vehicle. Councilmember Montgomery indicated that there should be a corresponding cost savings in mileage reimbursement in the next budget year. MOTION: Councilmember Montgomery moved and Mayor Lawrason seconded a motion to approve the staff recommendation to appropriate funds from the equipment replacement fund in the amount of $10,000; to approve an amendment to the FY93/94 budget account number 003.4.142.904 in the amount of $10,000 for the purchase of a second pool car and to authorize the City Manager to purchase a previously owned mid -size sedan for an amount not to exceed $10,000. The motion carried by roll call vote 4 -0, Councilmember Wozniak absent for the vote. B. Consider Agreement for Acauisition of Land as reauested by Atassi (CPD No. 92 -1). Staff Recommendation: Approve agreement subject to final language approval by the City Manager and City Attorney and authorize the Mayor to sign on behalf of the City. (Continued item 11.G. from 1/19/94.) Minutes of the City Council Moorpark, California Page 12 February 2, 1994 Mr. Kueny gave the staff report. He indicated there was no new information to provide to the Council. Ed Jones, 5135 Island Forest, Thousand Oaks, spoke representing the applicant. He asked for reconsideration by the Council of the requirement for another appraisal. He indicated that the appraisal done by Mr. Bossleman should be sufficient. He also requested that the Council reconsider the deposit amount being required of Mr. Atassi. Louise Rishoff, 6355 Topanga Canyon Blvd, #419, Woodland Hills, addressed the Council representing Mr. Atassi as legal counsel. She said the two main issues of concern to her client are the requirement for a second appraisal and the amount of the deposit specified in the agreement. She requested that the deposit amount be reduced to $4,000 and another $10,000 be added by way of a Letter of Credit; in addition, a litigation fund deposit of $10,000 would be made by her client which would be replenished every time it was reduced to $5,000. Sam Atassi, 2337 Roscomare Road, #7, Los Angeles, addressed the Council. He said if he has to go through the process again the bank will not extend his loan. He said the Small Business Administration is currently involved in earthquake loans and his loan would be put back on the "bottom of the pile.' He said he believes the appraisal done by Mr. Bossleman is sufficient. Councilmember Montgomery stated that Mr. Bossleman in his letter to Mr. Weiss implied that he was acting on behalf of the City in conducting the appraisal. He said Mr. Weiss contacted him (Councilmember Montgomery) to see when the City had started condemnation proceedings on his (Mr. Weiss) property. Councilmember Montgomery said he told Mr. Weiss that condemnation proceedings had not begun. Councilmember Montgomery said two letters were sent to Mr. Weiss one from Mr. Bossleman and the other from the City Manager. He said Mr. Weiss has been assured that the Bossleman appraisal will not be used and was not conducted at the behest of the City. Mayor Lawrason indicated that Mr. Jones was informed some time ago that another appraisal would be required. In response to Councilmember Perez, Mr. Kueny stated that he continues to support the amount referred to in the staff report. He said it is his suggestion that the Minutes of the City Council Moorpark, California Page 13 February 2, 1994 applicant renew his negotiations with Mr. Weiss for the property in question. Councilmember Perez indicated that he is convinced that staff is doing what is best for the City and the applicant. MOTION: Councilmember Montgomery and Councilmember Perez seconded a motion to approve the staff recommendation to approve the agreement subject to final language approval by the City Manager and City Attorney and to authorize the Mayor to sign on behalf of the City. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. AT THIS POINT in the meeting, the Mayor declared a recess. The time was 9:05 p.m. The Council reconvened at 9:25 p.m. C. Consider Existence of Continuing Local Emergency as Determined by the Director of emergency services on January 17, 1994. Staff Recommendation: Direct staff as deemed appropriate. Ms. Lindley gave the staff report. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to continue the status of the local emergency as determined by the Director of Emergency Services on January 17, 1994 and to continue this item to the City Council meeting of February 17, 1994. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. D. Consider Urgencv Ordinance 188 to Regulate the Repair or Replacement of Structures Damaged by the Recent (Northridge) Earthauake. Staff Recommendation: Direct staff to prepare engineered designs for masonry garden walls; adopt the urgency ordinance; and direct staff to conduct all necessary public notification, including but not limited to a public hearing, in order to modify the fee structure; and schedule adoption of the fee resolution after the requisite action. Mr. Aguilera gave the staff report. MOTION: Councilmember Perez moved and Mayor Lawrason seconded a motion to direct staff to prepare engineered designs for masonry garden walls. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. Minutes of the City Council Moorpark, California Page 14 February 2, 1994 Ms. Kane read the ordinance in its entirety. MOTION: Councilmember Montgomery moved and Councilmember Hunter seconded a motion to adopt Ordinance No. 188 as read. The motion carried by voice vote 4 -01 Councilmember Wozniak absent for the vote. In response to Council question, Mr. Kueny indicated that staff will bring this ordinance back for Council consideration and adoption as a non - urgency ordinance in sixty days. E. Consider Resolution No. 94-1011,. Approval of the NP-cfativa Declaration and A :)roval of Industrial Planned Development Permit Number 93 -2 (Relocation of Caltrans Maintenance Yard). Staff Recommendation: Adopt Resolution No. 94 -1011 approving the Negative Declaration and Industrial Planned Development Permit Number 93 -2. Mr. Aguilera gave the staff report. In response to Mayor Lawrason, Mr. Aguilera said that Zachary Street would be the street used for truck access to the maintenance yard. Councilmember Montgomery suggested that the City should try to prevail upon Caltrans to use the light cutoff standard of the City. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adopt Resolution No. 94 -1011 approving the Negative Declaration and Industrial Planned Development Permit No. 93 -2. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. F. Consider Resolution No. 94 -1012 for Residential Refuse and Recycling Rate Increase Effective March 1 1994 for the Purpose of Updating Solid Waste Management Fees and Services and Rescindin Resolution 94 -990. Staff Recommendation: Approve the residential refuse and recycling rate increase, effective March 1, 1994, and Resolution 94 -1012 for the purpose of updating solid waste management fees and services, and rescinding Resolution 94 -990. Ms. Myers gave the staff report. Gerald Goldstein, 11932 Los Angeles Avenue, spoke regarding refuse pickup in the City. Councilmember Hunter indicated that while he opposed the Minutes of the City Council Moorpark, California Page 15 February 2, 1994 rate increase last time, he believes this rate increase is reasonable and will vote in favor of it. MOTION: Councilmember Hunter moved and Mayor Lawrason seconded a motion to approve the Public Works, Facilities and Solid Waste Committee and staff recommendation to approve the residential refuse and recycling rate increases effective March 1, 1994 as outlined in the staff report dated January 24, 1994 and to adopt Resolution No. 94 -1012 for the purpose of updating Solid Waste Management Fees and services and rescinding Resolution No. 93 -990. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. G. Consider Approval of an Agreement with the City of Simi Valley for Joint Use and Funding of a Resource Conservation Center (RCC) for the Purpose of Collecting Recyclable Household Hazardous Waste. Staff Recommendation: Approve the agreement with the City of Simi Valley for Joint Use and Funding of a Resource Conversation Center; Appropriate $1,500 from the General Fund Reserve (AB 939 Solid Waste Management Account to 01- 160.902); Approve the expenditure of $15,500 for capital costs ($14,000 plus $1,500 appropriation; approve expenditure of currently budgeted funds for the Resource Conversation Center user fees as specified in the report, not to exceed $7,500. Ms. Myers gave the staff report. In response to Mayor Lawrason, Ms. Myers indicated that there is no drop off cost to the residents. She said the City of Simi Valley will invoice the City of Moorpark directly. In response to Councilmember Hunter, Ms. Myers indicated that the City will still have Community Clean Up Days. Councilmember Montgomery indicated that the public should be aware that there is a certified used oil drop off site at Easy Oil at Park Lane Car Wash Center. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the agreement with the City of Simi Valley for joint use and funding of a resource conservation center for the purpose of collecting recyclable household hazardous waste and to authorize the Mayor to sign on behalf of the City; to appropriate an additional $1500 from the General Fund Reserve (AB939 Solid Waste Management Account Reserves as the source) to 01- 160.902; and to approve the Minutes of the City Council Moorpark, California Page 16 February 2, 1994 expenditure of $15,500 for capital costs ($14,000 plus $1500 appropriation) ; approve the expenditure of currently budgeted funds for the RCC User's Fees as specified in this report not to exceed $7,500. The motion carried by roll call vote 4 -0, Councilmember Wozniak absent for the vote. H. Consider Update on the Implementation of the City's Newly Adopted Graffiti Ordinance. Staff Recommendation: Receive and file report. Ms. Lindley gave the staff report. She indicated that merchants in the City are in compliance with the exception of Moorpark Stationers. She indicated that Moorpark Stationers are in the process of coming into compliance. Councilmember Montgomery indicated that the merchants were happy with City assistance, but are not happy with the ordinance. He said the Code Enforcement officers need to be better versed in the ordinance. He said some merchants have removed stock and the City will lose sales tax funds because of this. Councilmember Perez indicated that the removed stock might be replaced with other stock and so not impact sales tax. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to receive and file the report. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. I. Consider Modifications to Conditions for IPD 93 -1 (G &S Staff Recommendation: 1) Revise Conditions 73b and 74g to require that one dry travel lane in Science Drive be available during a ten -year storm rather than a fifty - year storm; or 2) Deny the applicant's request to modify the conditions. Mr. Lovett gave the staff report. Councilmember Hunter stated that he would not vote on this item to avoid the appearance of a possible conflict of interest. Minutes of the City Council Moorpark, California Page 17 February 2, 1994 Mr. Kueny requested that this matter be continued for two weeks to allow the City Attorney time to review legal issues relative to the improvements required in the subdivision versus the modifications required by subsequent entitlement. Bob Lumley, 1641 Fiske Place, Oxnard, spoke representing G &S Partnership. He said the developed site will not have any additional impact on the drainage than the site as it existed prior to development. He said if the Council chooses to continue this item, he would request that the grading permit be issued in the interim. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to continue this matter to the next regular meeting; the City Attorney instructed to review the legal issues outlined by the City Manager; with the intention of not impeding progress of the project. The motion carried by voice vote 3 -0, Councilmember Hunter abstaining and Councilmember Wozniak absent for the vote. J. Consider Preparation of an Anti - gouging Ordinance. Staff Recommendation: Direct preparation of the ordinance. Mr. Kueny gave the staff report. Councilmember Montgomery noted that he wished to commend the local merchants for being open and for being fair in these critical times. He said that the City Attorney should be directed to go forward with the preparation of the ordinance. Mayor Lawrason said he is not positive this ordinance is necessary. CONSENSUS: By consensus, the Council determined to refer this to the Public Works, Facilities and Solid Waste Committee for drafting of the proposed ordinance. 12. ORDINANCES: None. 13. FUTURE AGENDA ITEMS: Councilmember Hunter requested a future agenda item regarding the parking of commercial vehicles along the 118 commercial corridor. Minutes of the City Council Moorpark, California Page 18 February 2, 1994 14. CLOSED SESSION: No Closed Session was held. 15. ADJOURNMENT: Mayor Lawrason adjourned the meeting at 10:38 p.m. r \11 Paul W. Lawrason Jr., Mayor ATTEST: _ oo 9y Lillian E. Hare, City Clerk�`�, e car- _ ti • =i`` c . _ O