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HomeMy WebLinkAboutMIN 1986 0623 CC ADJMoorpark, California June 23, 1986 An adjourned meeting of the City Council of the City of Moorpark, California, was held on June 23, 1986, in the Council Chambers in the City Hall of said City, located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER The meeting was called to order at 7:04 p.m. with Mayor Pro Tem Ferguson presiding. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Yancy- Sutton. 3. ROLL CALL PRESENT: Councilmembers Albert Prieto, Danny Woolard, Leta Yancy- Sutton and Mayor Pro Tem Thomas Ferguson ABSENT: Mayor James Weak OTHER CITY OFFICIALS PRESENT: Steven Kueny, City Manager; Cheryl J. Kane, City Attorney; Lt. Brown, County Sheriff's Department; Richard Morton, Director of Community Development; Thomas Genovese, Administrative Assistant; and Eva Marie Crooks, Deputy City Clerk. At this time, Councilmember Yancy- Sutton read the following letter from Mayor Weak, dated June 21, 1986: "To the City Council, City Staff and Citizens of Moorpark: On June 20, 1986, I was diagnosed as having leukemia. Although my prognosis is very good, the lengthy treatment and recovery will prevent me from completing my term of office. It is with real regret that I must resign from my duties as Mayor and City Councilman. I would like to express my sincere appreciation to the people of Moorpark for the privilege of serving you, and the Councilmen and staff for their hard work and dedication. My wife, Peggy, and I would like to thank all of you for your support, kindness and most importantly, your friendship. Fondly, Jim Weak." Motion by Councilmember Yancy- Sutton and seconded by Councilmember Woolard, to accept the resignation with the Council's deepest regrets and that staff be directed to prepare a Certificate of Appreciation and -1- City Council Meeting June 23, 1986 City Plaque with the inscription "James Weak. Mayor of the City of Moorpark, November 1985 to 1986" and that their prayers include Jim, Peggy and their family for Jim's speedy recovery, carriea unanimously. 4. APPROVAL OF MINUTES 5. PROCLAMATIONS/ COMMENDATIONS AND SPECIAL PRESENTATIONS There were no proclamations, commendations or special presentations presented at the meeting. 6. COMMENTS FROM PUBLIC 6.A.1. Dan Schmidt, P.O. Box 3, Moorpark, representing the Moorpark Mirror, spoke regarding the road closure on Moorpark Avenue, and stated that the City didn't have adequate information on the impact this would have on the merchants and neighbors in the area. He urged the Council to extend the necessary funds to keep the road open. 6.A.2. Gerry Spencer, 790 Poindexter, Moorpark, representing Spencer's Market, indicated she opposed the closure of Moorpark Road because no construction is finished on time, and she felt shopping patterns will develop and people won't come back to shop on Moorpark Road. 6.A.3. Eloise Brown, 13193 E. Annette Street, Moorpark, indicated she finds the closure on Moorpark Road to be inconvenient, so she will not shop on Moorpark Road. The City Manager presented an update report on the closure of Moorpark Road and recommended the Council direct staff to suspend action on the earlier directive; direct staff to continue to negotiate to reach a compromise to present back to the Council on July 7. He said A/C Construction has requested an increase of $14,000 to their contract, but have not been able to provide justification to the City in writing. 6.A.4. Bob Boord, AC Construction, was present to answer questions regarding the request for $14,000 and indicated they will provide additional information. Motion by Councilmember Yancy- Sutton to direct staff to work with AC Con- struction to obtain justification for increase in writing and bring it back to the Council on July 7 was seconded by Councilmember Woolard and carried unanimously. Bob Boord, AC Construction, requested that the City Engineer send a communication to notify them that they are not to proceed. -2- City Council Meeting June 23, 1986 The City Manager indicated AC Construction received a Notice to Proceed as of June 16 under the road closure option; they did not begin work that date. Council directed staff to send AC Construction a letter to cure the default within seven days, giving them until June 25 to begin work, and recommended that staff be directed to suspend that action pending further investigation of the other option. Motion by Councilmember Yancy- Sutton, seconded by Councilmember Prieto to follow staff recommendation carried unanimously. Councilmember Woolard requested Council receive a copy of the breakdown of the bid. 7. HEARINGS 7.A. Revenue Sharing Public Hearing (Action deferred to Budget discussion) 8. ORDINANCES/ RESOLUTIONS 8.A. Resolution No. 86 -320, Approving Development Plan DP -334, as amended (Bel Air Sheet & Tube) The Director of Community Development presented the staff report. Willard J. Walters, Architect, 2535 Maricopa, Torrance, reviewed the landscaped wall along Los Angeles Avenue. Motion by Councilmember Prieto to adopt Resolution No. 86 -320 and delete City Council Condition No. 2; delete Planning Department Conditions Nos. 29 and 30 and combine into one condition that oversized truck and trailer vehicles (20 feet and over) shall he prohibited from parking overnight on the . south side of the building was seconded by Councilmember Woolard. Councilmember Yancy- Sutton requested if City Council Condition No. 3 regarding landscaping could be changed to densely landscaping. Councilmember Prieto indicated he would amend his motion that City Council Condition No. 3 read "shall be densely landscaped," and Councilmember Woolard seconded. Motion carried unanimously. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA,, APPROVING DEVELOPMENT PLAN PERMIT NO. DP -334, ON APPLICATION OF BEL AIR SHEET & TUBE Resolution No. 86 -320 was adopted with the following roll call vote; -3- City Council Meeting June 23, 1986 AYES: Councilmembers Prieto, Woolard, Yancy- Sutton and Mayor Pro Tem Ferguson NOES: None ABSENT: None Mayor Pro Tem Ferguson recessed the meeting from 8:05 p.m. to 8:20 p.m. 8B. Resolution No. 86- and Denying the Application of Sun ( Sun Oil) for Conditional Use It was the consensus of the Council to continue this item to July 7, 1986. 9. COMMENTS FROM COUNCILMEMBERS 10. STAFF REPORTS - ACTION ITEMS 10.A. Planning Commission Report Concerning Growth Management The City Manager presented the following ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK ADOPTING A MEASURED GROWTH PLAN Motion by Councilmember Yancy- Sutton to approve the ordinance in concept with revisions; direct staff to put ordinance in format; proceed with environmental review and place the ordinance on the ballot; was seconded by Councilmember Prieto and carried unanimously. 10.B. R. W. Graham Contract Extension (Landscape Architect Services) It was the consensus of the Council to continue this item to July 7, 1986. 10.C. Consideration of Proposed 1986 -87 Budget Tom Baldwin, 6475 Pepperdine, indicated the City should consider a new recording system for the recording of meetings when the new building is built and the City should make up the difference to the amount for the Senior Center. Mayor Pro Tem Ferguson recessed the meeting from 9:30 p.m. to 9:50 p.m. It was the consensus of the Council to discuss the following item and continue the Budget discussion immediately thereafter. ADDED ITEM The City Attorney read the following urgency Ordinance in full. -4- City Council Meeting June 23, 1986 ORDINANCE NO. 77 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, RELATING TO FILLING VACANCIES ON THE CITY COUNCIL AND DECLARING THE URGENCY THEREOF. WHEREAS, pursuant to Section 36512.2 of the Government Code, the City Council of the City of Moorpark may enact an ordinance providing for the filling of vacancies on the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: Section 1. If a vacancy occurs on the city council, within thirty (30) days from the commencement of the vacancy, the city council shall fill the vacancy by appointment. A person appointed to fill a vacancy on the city council shall hold office only until the date of a special election to fill the remainder of the term. The special election shall be called and held within the time periods as provided in Section 36512.2 of the Government Code. Section 2. This Ordinance is for the immediate preservation of the public peace, health or safety and shall 00 take effect immediately upon its adoption. The facts constituting the urgency are set forth in Section 3 hereinafter. Section 3. Because of a life- threatening illness, a member of the city council resigned as of the receipt of his resignation this date. Prior hereto and since the time of incorporation, there has been no vacancy on the city council and none was anticipated to occur without forewarning. It is in the best interest of the citizens of Moorpark that the vacancy be permanently filled for the remainder of the term of the prior incumbant at a special election, but to call a special election in advance of the municipal election to be held on November 4, 1986 would cost approximately five thousand dollars ($5,000.00) from the general fund, which monies could otherwise be expended for the public peace, health or safety, and to delay filling the vacancy until the municipal election to be held on November 4, 1986 would -5- City Council Meeting June 23, 1986 deprive the citi! issues of public period of time. the city to make special election election that is &ens of Moorpark of full representation on peace, health and safety for an inordinate It is therefore in the best interests of an appointment to fill the vacancy until a can be consolidated with the municipal to be held on November 4, 1986. Section 4. The City Clerk shall certify to the passage and adoption of this Ordinance by not less than four - fifths vote of the City Council; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark News, a weekly newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this 23rd day of June, 1986. Motion by Councilmember Yancy- Sutton, seconded by Councilmember Woolard to adopt Ordinance No. 77, carried unanimously with the following vote: AYES: Councilmembers Yancy- Sutton, Woolard, Prieto and Mayor Pro Tem Ferguson NOES: None ABSENT: None It was the consensus of the Council to return to the Budget discussion. 10.C. Consideration of Proposed 1986 -87 Budget The City Manager presented his staff report and memorandum dated June 13, 1986. Motion by Councilmember Yancy- Sutton, seconded by Councilmember Prieto, to accept the best insurance policy available and to explore the joint powers insurance authority, if a satisfactory policy is not available, carried unanimously. City Council Meeting June 23, 1986 Motion by Councilmember Prieto, seconded by Councilmember Yancy- Sutton, regarding PD 1048, not to include any funds in the budget but to offer to the applicant that the City would be responsible for all costs above his original contribution amount of $8388.00 plus his payment for the design of the project for installation of the curb, gutter and sidewalk improvements on the Moorpark Avenue frontage of the project (the City's share of construction was previously estimated at $22,000.00); and the City's construction would not occur until after the project was begun but completed before occupancy of the project with the applicant completing the building within the time limits of the PD 1048 conditions; carried unanimously. Motion by Councilmember Prieto, seconded by Councilmember Woolard, to appropriate $12,000 from Revenue Sharing funds to the Boys and Girls Club, carried with Councilmember Yancy- Sutton abstaining. Motion by Councilmember Yancy- Sutton, seconded by Councilmember Woolard, to appropriate from Revenue Sharing funds $3600 to the Food Pantry, $400 to the Survivalmobile to benefit City residents only, $50,000 for computer systems with funds for the City Hall Building Fund to be $22,000 instead of $38,000, carried unanimously. Motion by Councilmember Yancy - Sutton, seconded by Councilmember Woolard, to approve $44,000 for the rubberized railroad crossing for the third location from the Gas Tax Fund at Los Angeles Avenue with the other two locations (Moorpark Avenue and Moorpark Road) funds from the Los Angeles Avenue AOC funds, carried unanimously. Motion by Councilmember Yancy- Sutton, seconded by Councilmember Prieto, to approve the Public Works Streets budget revisions included in memorandum to the City Council dated June 13, 1986 from the City Manager; increase the Gas Tax appropriation by $9377.00 to offset unavailability of State Transit Assistance Funds per aforementioned memorandum; and approve the transfer of funds received for the issuance of bonds generated in the amount of $120,000 from Le Club (Palmer) and $23,750 from Kavlico Industrial Development Bonds to the City Hall Building Fund; carried unanimously. Motion by Councilmember Yancy- Sutton, seconded by Councilmember Prieto to approve 5A, B, C, D, and E relative to the salary plan of the June 13, 1986 memorandum regarding Revised 1986/87 Budget, carried unanimously. Motion by Councilmember Yancy- Sutton, seconded by Councilmember Woolard, to approve the Planning Department budget per staff recommendations, carried unanimously. -7- City Council Meeting June 23, 1986 Motion by Councilmember Yancy- Sutton, seconded by Councilmember Woolard, to direct the City Manager to re- adjust Workers Com- pensation to the higher rates as reported, carried unanimously. Mayor Pro Tem Ferguson recessed the meeting from 11:20 to 11:25 p.m. Mayor Pro Tem Ferguson adjourned the meeting to Closed Session at 11:25 p.m. for the purpose of discussing personnel matters. Mayor Pro Tem Ferguson called the meeting back to order at 12:53 a.m. Motion by Councilmember Yancy- Sutton, seconded by Councilmember Woolard, to approve a six percent (6 %) salary increase for the City Manager plus continued payment of employee's portion of the retirement contribution, carried unanimously. Motion by Councilmember Yancy- Sutton, seconded by Councilmember Prieto, to adopt the 1986/87 Fiscal Year Budget as previously modified, including the aforementioned salary and Workers Compensation adjustments with the final budget document to be presented to the City Council at the July 7, 1986 meeting, carried unanimously. 11. STAFF REPORTS - INFORMATION ITEMS 12. CONSENT CALENDAR 13. FUTURE AGENDA ITEMS 14. ADJOURNMENT There being no further business to come before the City Council, upon motion by Councilmember Yancy- Sutton, seconded by Council - member Woolard, and unanimously carried, Mayor Pro Tem Ferguson adjourned the meeting at 12:57 a. . IV - Mayor of the City of Moorpark, California ATTEST: