HomeMy WebLinkAboutMIN 1995 1004 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California October 4, 1995
A Regular Meeting of the City Council of the City of Moorpark,
California was held on October 4, 1995 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 7:18 p.m.
2. PLEDGE OF ALLEGIANCE:
Councilmember Montgomery led the Pledge of Allegiance.
3. ROLL CALL:
Present: Councilmembers Hunter, Montgomery, Perez,
Wozniak and Mayor Lawrason
Staff Present: Steven Kueny, City Manager; Richard Hare,
Deputy City Manager; Ken Gilbert, Director of
Public Works; Jim Aguilera, Director of
Community Development; Christine Adams,
Director of Community Services, Charles
Abbott, City Engineer; Cheryl Kane, City
Attorney; Mary Lindley, Assistant to the City
Manager; Dirk Lovett, Assistant City
Engineer; Steve Hayes, Economic /Redevelopment
Manager; Don Reynolds, Administrative
Services Manager; Lieutenant Marty Rouse,
Sheriff's Department; Jill R. Myers, Solid
Waste Coordinator; and Lillian Hare, City
Clerk;
4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS:
A. Recognition of the Moorpark Police Department Resource
Center on its First Anniversary October 1995.
Mayor Lawrason presented a City plaque to Lt. Rouse and
Volunteer Coordinator, Kathy LeClair.
B. Recognition of the Tenth Anniversary of W.O.M.E.N.
(Women of Moorpark Who Enjoy Networking).
Mayor Lawrason presented a Certificate of Recognition
to Barbara Shultz and Sandy Miranda.
C. Recognition of Father Cosgrove for Receiving the Papal
Honor of the Bestowment of Prelate to His Holiness.
Mayor Lawrason presented a Certificate of Recognition
to Monsignor Cosgrove.
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Moorpark, California Page 2
October 4, 1995
D. Proclamation recognizing October 1 - 8, 1995 as Mental
Illness Awareness Week.
Mayor Lawrason presented a Proclamation to Irene Watts.
AT THIS POINT in the meeting the Council recessed in order
to convene the Redevelopment Agency. The time was 7:30 p.m.
The Council reconvened at 8:30 p.m.
5. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
Staff noted that item 11.A. would be recommended to be taken
off calendar.
6. PUBLIC COMMENT:
Roger Ferguson, 3031 E. Harbor Blvd., Ventura, addressed the
Council as a representative of Arbor, Inc. He said thank
you to the City for their support of the summer youth
program and indicated that Arbor would be administering a
year round youth employment program.
Bruce Benton, 51 Majestic Court #93, addressed the Council
regarding complaints related to the police.
Barbara Ortiz, P.O. Box 1228, Oxnard, addressed the Council
representing the Channel Counties Legal Services and tenants
on Walnut Canyon /Everett Street. She indicated that her
clients would be looking for relocation funds if they are
not allowed to stay in their present homes.
7. COMMITTEE REPORTS:
None.
8. CONSENT CALENDAR:
MOTION: Councilmember Wozniak moved and Councilmember
Perez seconded a motion to pull item 8.D. 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
the City Council of September 6, 1995.
Staff Recommendation: Approve the minutes as
processed.
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Moorpark, California Page 3
B. Consider Approval of Warrant Register.
October 4, 1995
Regular Warrants 28067 -28203 $407,021.10
Manual Warrants 28058 -28066 $ 5,635.21
Voided Warrants 27561, 27612,
27872 & 27947 $ (501.00)
Staff Recommendation: Approve the Warrant Register.
C. Consider Certified Unified Program Agency (CUPA)
Responsibilities For Hazardous Materials Programs
Within the City of Moorpark. Staff Recommendation:
Authorize the Ventura County Environmental Health
Division ( VCEHD) to implement all four CUPA programs
within the City as identified in Option 3 of the staff
report and direct staff to send a letter on behalf of
the City Council in support of VCEHD providing such
services.
E. Consider Approval of Agreement Between the Citv of
Moorpark and the County of Ventura and iMedia
Solutions, Incorporated, for Interactive Kiosk Software
Development Services. Staff Recommendation: 1)
Approve the proposed agreement between the City of
Moorpark and the County of Ventura, and iMedia
Solutions, for interactive kiosk software development
services subject to final language approval by the City
Attorney and City Manager; and 2) Authorize the City
Manager to sign on behalf of the City.
F. Consider Approval of Certificate of Acceptance for a
Deed for the La Falda Avenue Access Road. Staff
Recommendation: Approve the Certificate of Acceptance
and direct the City Clerk to execute same and forward
said document to Caltrans for recordation with the
subject Deed.
G. Consider Request from Caltrans for the Acceptance of
Traffic Signal Improvements at the Intersection of
Campus Park Drive and Collins Drive. Staff
Recommendation: Reject request and direct staff to
forward a formal request that Caltrans undertake signal
modifications.
H. Consider Authorization to Advertise for Bids for the
Construction of the Tierra Rejada Road Storm Drain
Inlet Project. Staff Recommendation: Approve the
plans and specifications and authorize staff to
advertise for receipt of bids.
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Moorpark, California Page 4 October 4, 1995
I. Consider HdL Proposal for Property Tax Audit Services.
Staff Recommendation: Approval of the HdL proposal for
$7,100 and authorize the City Manager to engage HdL for
property tax audit services.
J. Consider Moorpark Operating Procedure (MOP) Relative to
Temporary Use Permit Fee Waivers for Non - Profit
Community Groups. Staff Recommendation: Approve
Moorpark Operating Procedure No. 10 relative to
Temporary Use Permit Fee Waivers.
K. Consider Joining Amicus in Warren v. City of Carlsbad -
Employment Discrimination Case Disposal of Meritless
Cases. Staff Recommendation: Join Amicus.
L. Consider Mission Statement, Goals and Objectives for FY
1995/96. Staff Recommendation: Approve the Mission
Statement, Goals and Objectives for FY 1995/96 as
presented.
M. Consider Senior Center Purchase of Portable _Sound
System. Staff Recommendation: Approve the expenditure
not to exceed $700 for one half of the cost of a
portable sound system for the Senior Center, from the
Senior Center Trust Account.
N. Consider Reiectina Bids for Construction of Arroyo
Vista Community Park Restroom /Concession Building.
Staff Recommendation: Reject all bids and direct staff
to re- advertise for bids for construction of the
restroom /concession facility, as a bid option as part
of the Poindexter Park project.
The following item was pulled from the Consent Calendar for
individual consideration:
8. D. Consider Review and Comment on the County's Preliminary
Draft Countywide Integrated Waste Management Plan
(CIWMP). Staff Recommendation: Concur with staff's
recommendation and authorize staff to forward the
City's comments on the Preliminary Draft Countywide
Integrated Waste Management Plan to the County Solid
Waste Management Department.
In response to Mayor Lawrason, Ms. Myers indicated that
a landfill in Dry Canyon was being used just as a test
of the criteria and staff was not considering an actual
siting of a landfill on that site.
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Moorpark, California Page 5
October 4, 1995
MOTION: Mayor Lawrason moved and Councilmember Montgomery
seconded a motion that the City Council concur with staff's
recommendation and comments as presented in the staff report
dated September 27, 1995 and to forward the City's comments
on the preliminary draft Countywide Integrated Waste
Management Plan to the County Solid Waste Management
Department. The motion carried by unanimous voice vote.
9. PUBLIC HEARINGS:
A. Consider Zoninq Ordinance Amendment No. 95 -2 (Ali
Boukhari) to Section 17.20.060 (Permitted Uses in
Commercial and Industrial Zones) of the Moorpark
Municipal Code (City of Moorpark Zoning Ordinance) to
Allow Automobile Service Stations in Industrial Zones
and Authorize the Applicant to File a Conditional Use
Permit Pending Adoption of the Zoning Ordinance
Amendment. Staff Recommendation: 1) Close the public
hearing; 2) Determine that the modifications to the
City's Zoning Ordinance are categorically exempt
pursuant to State CEQA Guidelines Section 15061 (b)
(3); 3) Concur with the Planning Commission's
resolution No. PC -95 -311 to allow automobile service
stations in the M -1 and M -2 Industrial zones with a
Planning Commission approved Conditional Use Permit,
only if the subject property has frontage on Los
Angeles Avenue, New Los Angeles Avenue, or Spring Road;
and 4) Review the Ordinance No. 209 and introduce it
for first reading. (PUBLIC HEARING REMAINS OPEN.)
Mayor Lawrason noted that the Public Hearing was still
open. As there were no speakers for this item, Mayor
Lawrason closed the Public Hearing.
Mr. Aguilera explained that the Planning Commission had
considered and agreed with the City Council proposal to
allow automobile service stations with frontage on the
arterial streets. He said the Planning Commission
indicated that currently, there are three streets
within the City with industrial properties fronting on
arterial streets Los Angeles Avenue, New Los Angeles
Avenue and Spring Road. Therefore, he said, for the
purpose of clarity, the Planning Commission listed the
streets in question.
CONSENSUS: By consensus, the Council determined to limit
the amendment to Los Angeles Avenue and New Los Angeles
Avenue.
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Moorpark, California Page 6
October 4, 1995
MOTION: Councilmember Montgomery moved and Councilmember
Wozniak seconded a motion to determine that the
modifications to the City's Zoning Ordinance are
categorically exempt pursuant to State CEQA Guidelines
Section 15061 (B) (3); to concur with the Planning
Commissions Resolution No. PC -95 -311 to allow automobile
service stations in the M1 and M2 industrial zones with a
Planning Commission approved conditional use permit, only if
the subject property has frontage on Los Angeles Avenue and
New Los Angeles Avenue. The motion carried by unanimous
voice vote.
Ms. Kane read the Ordinance title.
MOTION: Councilmember Montgomery
Perez seconded a motion to read the
waive further reading. The motion
voice vote.
MOTION: Councilmember Montgomery
Perez seconded a motion to declare
introduced for first reading. The
unanimous voice vote.
moved and Councilmember
ordinance title only and
carried by unanimous
moved and Councilmember
Ordinance No. 209
motion carried by
10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
None.
11. ACTION /DISCUSSION ITEMS:
A. Consider Moorpark Hiqh School Band Boosters Reauest to
Use Arroyo Vista Community Park for their Tournament of
Bands Event on October 21, 1995. Staff Recommendation:
Approve use with the following fees and conditions: 1)
$150 fee, plus a $200 deposit for staff costs; 2) $200
for park reservation fees; and 3) Parking restrictions
on the access road and Mountain Trail Road as outlined
in the staff report.
MOTION: Councilmember Perez moved and Councilmember
Montgomery seconded a motion to take this item off calendar.
The motion carried by unanimous voice vote.
B. Consider Proposed Relocation of the Police Resource
Center Relocation. Staff Recommendation: Direct staff
as deemed appropriate.
The staff report was presented jointly by Lt. Rouse and
Mr. Reynolds.
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Moorpark, California Page 7
October 4, 1995
Kathy LeClair, (as requested no street address
provided), Thousand Oaks, addressed the Council as the
Resource Center Volunteer Coordinator. She indicated
her support of the move to the Towne Center location.
Frank Judah, 14635 E. Stanford, addressed the Council
as a Resource Center volunteer. He indicated his
support of the move to the Towne Center.
Rick Borquez, 165 High Street, addressed the Council
indicating his support of their continued use of the
present location on High Street.
Rick Tate, 4660 Meadow Street, addressed the Council in
support of continuing the present Resource Center site.
Joy Cummings, 650 Bard Street, addressed the Council in
support of the present location on High Street.
Eloise Brown, 13193 Annette Street, addressed the
Council in support of the present Resource Center
location.
After Council discussion, the following motion was
heard:
MOTION: Councilmember Hunter moved to authorize staff and
the Police Department to move the Resource Center to the
Towne Center and authorize staff to negotiate an agreement
with the Towne Center and return in approximately 30 days
with the
agreement. THE MOTION DIES FOR LACK OF A SECOND.
MOTION: Councilmember Hunter moved and Councilmember
Montgomery seconded a motion to negotiate with the Towne
Center for rental space for the Moorpark Police Resource
Center and to retain the space presently used for the
Moorpark Police Resource Center for use to be determined at
a later meeting. The motion carried by unanimous voice
vote.
AT THIS POINT in the meeting a recess was declared. The
time was 11:20 p.m.
Councilmember Montgomery left the meeting at this time.
The Council reconvened at 11:35 p.m. Councilmember
Montgomery no longer in attendance.
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Moorpark, California Page 8 October 4, 1995
C. Consider Revisions to the Council Rules of Procedure.
Staff Recommendation: That revisions to the Rules of
Procedure be made as presented and that the final
document be placed on the next regular City Council
meeting agenda for receive and file action and that
staff be directed to prepare the Mayor's script and
revise Speaker Cards.
CONSENSUS: By consensus, the Council determined to
continue this item to October 18, 1995.
CONSENSUS: By consensus, the Council determined to
reorder the agenda to hear items 11.F., 11.G., and 11.H.
prior to the balance of the agenda.
F. Consider Additional Information Reaardina the
Maintenance Program for Elm Trees Along McFadden and
Cornett Streets. Staff Recommendation: Direct staff
to proceed with program as presented and to select one
appropriate tree for each street.
Ms. Adams deferred the staff report.
Richard Averill, 425 Cornett Avenue, addressed the
Council indicating that he would like to keep his tree.
Ron Dow, 422 McFadden Avenue, addressed the Council
requesting consideration of a larger replacement than
was outlined in the staff report.
Councilmember Wozniak requested that a 36" box tree be
considered as a replacement. He also requested that
staff provide pictures to the residents where the trees
were scheduled for removal and also to the Council.
CONSENSUS: By consensus, the Council determined to
direct staff to survey the trees along McFadden and Cornett
Streets to determine those which needed to be removed first;
to use 36" box trees as replacements for the trees to be
removed; to provide pictures to the neighborhood first and
then to the Council as to the types of trees recommended as
replacements.
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Moorpark, California Page 9
October 4, 1995
G. Consider Parks and Recreation Commission Recommendation
for Installation of Fence Barrier at Tierra Rejada
Park. Staff Recommendation: Adopt the Parks and
Recreation Commission's recommendation to not install
any fencing improvements at Tierra Rejada Park, and
direct the Commission to revisit this issue in six
months.
CONSENSUS: By consensus, the Council determined to refer
this matter to the Public Works /Facilities and Solid Waste
Committee for further review and suggestion back to the full
Council.
H. Consider a Reauest by Mr. Erhardt to Provide Access
onto Los Angeles Avenue for the Purpose of a Pumpkin
Sales Lot. Staff Recommendation: Direct staff as
deemed appropriate.
James Erhardt, 15494 Borges Drive, addressed the
Council regarding Santa's Christmas Tree Village. He
requested that the Council let him have an entrance on
Los Angeles Avenue and make revisions to his permit.
Mr. Kueny indicated that condition 14 and 16 could be
deleted. He suggested amending condition 10 to read
"ingress only shall be allowed from Los Angeles
Avenue ". He also recommended amending condition 17 to
indicate that while he is required to erect a fence on
Los Angeles Avenue and Moorpark Avenue, only the fence
on Moorpark Avenue would remain permanently.
CONSENSUS: By consensus, the Council determined to
direct staff to proceed as indicated by the City Manager
above.
Mr. Erhardt said he would remove the Los Angeles
entrance after 2 weeks if there was any problem.
D. Consider Revised Policy Regarding Sidewalk Repairs.
Staff Recommendation: Approve Moorpark Operating
Procedure (M.O.P.) No. 11 identifying responsibility
for the repair of sidewalks, curbs and gutters.
Mr. Gilbert gave the staff report.
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Moorpark, California Page 10
October 4, 1995
MOTION: Councilmember Wozniak moved and Mayor Lawrason
seconded a motion to approve the staff recommendation to
approve Moorpark Operating Procedure (MOP) No. it
identifying responsibility for the repair of sidewalks,
curbs and gutters. The motion carried by voice vote 4 -0,
Councilmember Montgomery absent for the vote.
E. Consider Restricting Left Turn Traffic at the
Intersection of Los Angeles Avenue and Flory Avenue and
Modifying the Priority of the FY 1995/96 Objective
Related to the Widening of Los Angeles Avenue. Staff
Recommendation: 1) Direct staff to make a formal
request to Caltrans for the installation of a painted
median on Los Angeles Avenue at Flory Avenue to prevent
all left turn traffic at this intersection; 2) Assign a
single asterisk to Objective No. 7 in the Capital
Projects Division of the Public Works Department,
related to the Widening of Los Angeles Avenue and New
Los Angeles Avenue (SR -118).
MOTION: Mayor Lawrason moved and Councilmember Wozniak
seconded a motion to approve the Transportation and Streets
Committee and staff recommendation that the City make a
formal request to Caltrans for the installation of a painted
median on Los Angeles Avenue at Flory Avenue to prevent all
left turn traffic at this intersection; to assign a single
asterisk to objective No. 7 in the Capital Projects Division
of the Public Works Department, related to the widening of
Los Angeles and New Los Angeles Avenue. The motion carried
by voice vote 4 -0, Councilmember Montgomery absent for the
vote.
I. Consider Resolution No. 95- Relative to Amendment of
the Moorpark Municipal Code Section Addition of Section
No 17.32.011 Regarding Second Driveways in Residential
Zones (City of Moorparkl. Staff Recommendation:
Adopt Resolution No. 95- directing the Planning
Commission to study, set a public hearing and provide a
recommendation to the City Council pertaining to the
proposed changes to the City's Zoning Ordinance.
CONSENSUS: By consensus, the Council determined to
continue this item to October 18, 1995.
12. ORDINANCES:
None.
13. CLOSED SESSION:
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Minutes of the City Council
Moorpark, California Page 11 October 4, 1995
MOTION: Councilmember Wozniak moved and Councilmember
Hunter seconded a motion to adjourn to Closed Session for a
discussion of the following items listed on the Closed
Session agenda:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to
subdivision (b) to Section 54956.9 of the Government
Code: (Number of cases to be discussed - two)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c) of
Section 54956.9 of the Government Code: (Number of
cases to be discussed - two)
The motion carried by voice vote 4 -0, Councilmember
Montgomery absent for the vote.
Mr. Kueny indicated there would be one case discussed.
The time was 11:30 p.m. The Council reconvened into
Closed Session at 11:37 p.m.
Present in Closed Session were all Councilmembers but
Councilmember Montgomery; Steven Kueny, City Manager;
Richard Hare, Deputy City Manager; Cheryl Kane, City
Attorney.
The Council reconvened into Open Session at 11:58 p.m.
Mr. Kueny stated there was no action to report and only
item 13.B. (one case) had been discussed.
14. ADJOURNMENT:
Mayor Lawrason adjourned the meeting at 11:59 p.m.
ATTEST:
Paul W. Law ason Jr., ayor
Lillian E.
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