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HomeMy WebLinkAboutMIN 1988 0622 CC ADJMINUTES OF THE CITY COUNCIL Moorpark, California _ . - June _L2_, 1988 The adjourned meeting of the City Council of the City of Moorpark, California was held on June 22, 1988, in the Council Chambers of City Hall located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: The meeting was called to order at 6:12 p.m. by Mayor John Patrick Lane. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was continued to a time later in the meeting, as it was Council's intent to discuss Closed Session matters at this time. 3. ROLL CALL: Present: Councilmembers Eloise Brown, John Galloway, Clint Harper, Bernardo Perez and Mayor John Patrick Lane. Steven Kueny, City Manager. 14. CLOSED SESSION: A. Litii aati on concerni nq Boeth i ng_ versus_.th_e City_ of Moorpark. B. Litigation concerning City of Moorpark versus Boething. C. Potential litigation pursuant to Government Code Section 5495k.9(bJU_. D. Potential litigation__ - pursuant to Government Code Section 54956.9 c _. -- --------------- -- E. Litigation concerning Urban West Communities. F. Litigation concerning- B._I.A. G. Personnel. H. Personnel discussion pursuant to Government Code Section 54957.6. --- - - - - -_ I. Negotiations concerning the high school site. Minutes of the City Council Moorpark,—California __._.2 _ _ _._ June_ 22,_1988 Steven Kueny, City Manager, announced that due to the absence of the City Attorney, only items 14.G. , 14.H. , and 14. 1. would be discussed in Closed Session until her arrival at the meeting. MOTION: Councilmember Galloway moved and Councilmember Harper seconded a motion to go into Closed Session to discuss those matters identified. The voice vote was unanimous. The time was 6:14 p.m. AT THIS POINT IN THE MEETING, City Attorney Cheryl Kane entered the Closed Session. The time was 6:40 p.m. At 6:55 p.m. the full Council reconvened in Open Session. The City Attorney reported there was no action to report and that only Items 14.G., H. and I. were discussed. AT THIS POINT IN THE MEETING, the Council recessed with the Mayor announcing the Council would reconvene at 7:00 p.m. 1. CALL TO ORDER: The meeting was reconvened at 7:10 p.m. by Mayor John Patrick Lane. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Brown. 3. ROLL CALL: Present: Councilmembers Eloise Brown, John Galloway, Clint. Harper, Bernardo Perez and Mayor John Patrick Lane. Steven Kueny, City Manager; Cheryl Kane, City Attorney; Patrick Richards, Director of Community Development; Dennis Delzeit, City Engineer; Lt. Mike Brown, Sheriff's Department; Stan Raap, Fire Department; Philip Newhouse, Director of Community Services; Thomas P. Genovese, Deputy City Manager; and Maureen W. Wall, City Clerk. 4. PROCLAMATIONS,__COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Special Presentation _by__Nancy Settle of Ventura County Solid Waste concerning the____roposed _ Hazardous Waste _ Management Planning e _ Tannr Plan }__w he ithin tCounty. Ms. Nancy Settle gave a brief overview of the Tanner Plan. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: By consensus of Council, Closed Session items were to be discussed beginning at 9:00 p.m. 6. PUBLIC COMMENTS: Minutes of the City Council Moorpark, California_ _ _ _ 3 June-22, 1988 A. Robin Morhar, Executive Director of the Boys and Girls Club of Moorpark, stated the comments given by the Boys and Girls Club employee at the last meeting was his individual opinion, and not those of the organization. She further stated they were willing to participate in the graffiti abatement program and perhaps could offer additional programs to take up some of the "free time" of Moorpark youths. B. Mr. Phil Vein, 6685 Princeton, representing A & R Development, asked the Council to approve the CC & R's for Tract No. 3409 so the company could complete their loan process. C. Mr. Dan Schmidt, P. 0. Box 3, Editor and Publisher of the Moorpark Mirror, asked the City Council to re -open the bids for the legal ad contract. D. Mr. E. R. "Pete" Peters, 7155 Walnut Canyon Road, asked the City Council to look into a zero tolerance program regarding the buying and selling of drugs. E. Ms. Debra Ryono, 7240 Moorpark Avenue, Publisher of the Moorpark News, stated her bid for the legal ad contract was submitted in a timely manner. F. Mr. Douglas Holland, 11515 Willowood Court, Planning Commission Chairman, spoke in defense of the "pink" building on Moorpark Avenue. He stated it was done according to the process set forth. It was a mistake the City would have to live with. Mayor Lane commented staff should look into a zero tolerance program. 7. COMMITTEE REPORTS: Councilmember Brown reported she had attended a VCAG Transportation Policy Committee meeting in early June, and also that she had received a donation for the graffiti project from a concerned citizen. Councilmember Galloway reported 10 types of trees had been chosen as being appropriate for parkway planting. Citizens will be sent information concerning the types of trees and allowed to indicate their choice by the return of an enclosed postcard. 8. CONSENT CALENDAR: No Consent Calendar was presented for C'ouncil's consideration. 9. PUBLIC HEARINGS: A. Consideration of pro osed_ass_essments for "Moorpark Lighting and Maintenance Assessment District No. AD 84 -2" for the fiscal year commencing July 1, 1988 and ending— June___30,_,_1989, and consideration _ of proposed Resolution 88- a resolution confirming the_assessment..for fiscal year 1988/89. Minutes of the City Council Moorpark, California 4 June 22i_1988 MOTION: Councilmember Harper moved and Councilmember Lane seconded a motion to defer action on this item until review of the budget, per the suggestion of the City Manager. The voice vote was unanimous. The matter will be heard on June 29, 1988. B. Consideration of _proRosed assessments for "Parks Maintenance Assessment District_ No. AD 85 -1" for the fiscal_ year commencing Jul 1, 1988 and ending_ June_ 30,__1989, and consideration of proposed Resolution 88- I a--.- resol ut_i on confirming the. assessment for fiscal_y_ear 1988/89. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to continue consideration of this matter to June 29, 1988. The voice vote was unanimous. C. Appeal No. 4 of a P14_ ._Commission decision concerning U.S. Sprint Network Route Development Randall Murphy). U.S. Sprint Communications proposes to install an underground fiber optic communication cable directs within the _ Southern Pacific Railroad right- of- w ay_throug__the City. Staff recommended Council direct staff as deemed appropriate. Patrick Richards, Director of Community Development, gave a brief overview of the situation. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to continue consideration of this matter to June 29, 1988. The voice vote was unanimous. 10. COMMENTS FROM COUNCILMEMBERS: Councilmember Galloway commented he did not feel the Casey Road school site was a commercial area of bad influence as rumored. He also thought the City should send another letter of support for the "O'Connell" bill, which relates to the transportation of fuels. Councilmember Brown reported staff is working on an emergency plan for the City to satisfy a federal emergency plan requirement. Councilmember Harper reported it appears the City is losing plant materials in Peach Hill Park. He also asked staff to report on the retrofitting of the shields for the park's lights. He also suggested the formation of an arts committee to obtain a facility and to bring performing arts to the City. Councilmember Perez asked for additional events and support from the community for youth in an effort to abate graffiti by using up some of the free time of young people. 11. DISCUSSION /ACTION ITEMS: B. Further _consideration _ of _ a _ report regardi n� the ro osed Hazardous Waste Management Planni.ng__(Tanner P1 an) _ within the County. Staff recommended Council direct that a letter be sent to the County of Ventura outlining the City's concerns. Minutes of the City Council Moor a_rk, California _ 5 ...____. _ June_221 1988 Councilmember Brown suggested staff draft a letter containing Council's concerns. Councilmember Harper commented he would like to see a tightening of the siting criteria especially in residential and school areas. Staff was directed to do so by consensus of Council to send a letter to the County of Ventura expressing these concerns. BY CONSENSUS OF COUNCIL, Item 12.A. was heard here. 12. ORDINANCES: A. Ordinance No. 96, an ordinance amending the Moorpark Municipal Code by revising _Chaa ter 4 of Title 5 relative to mobile home park rents. -- - - - -- - -- - - - - -- Patrick Richards gave an overview of the proposed ordinance. The Rules of Procedure were suspended by consensus of Council to allow speakers to address the Council. A -1. Mr. Jim Davis, 15750 Los Angeles Avenue, Manager of the Villa Del Arroyo Mobile Home Park, stated he did not feel the newly proposed sections needed to be added to the ordinance. Mayor Lane responded that they were merely a clarification of clauses which he had agreed to previously. Mr. Davis then expressed support of the proposed revisions. A -2. Mr. Paul Coyle, 15750 Los Angeles Avenue #151, stated support of the proposed revisions. City Attorney, Cheryl Kane, then read the proposed ordinance in title only. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to waive Further reading of the ordinance, and declare the ordinance read for the first time. The voice vote was unanimous. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to introduce the ordinance as read. The voice vote was unanimous. 11. C. Further consideration of the - award of bid for the City's legal notices /ordinances. Staff recommended Council direct staff as deemed appropriate. Maureen Wall, City Clerk, gave the staff report. Councilmember Brown commented she hoped the City would receive better bids in the future. Councilmember Harper stated he was sorry one vendor missed the bid deadline. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to award the bid for legal notices to the Moorpark News for fiscal year 1988/89. The voice vote was unanimous. Minutes of the City Council Moorpark LCalifornia _ 6 June-22, 1988 D. Consider a report ___from the City _ Attorney__concerning_ the regulation of dogs. Staff recommended Council direct staff as deemed appropriate. Lt. Mike Brown reported he had contacted a city nearby to see what their ordinance provided. Their ordinance provides that violations are an infraction not a misdemeanor. He felt the primary violation should be that the dog feces was not removed. By consensus of Council, staff was directed to return with a draft for consideration by Council, with violations to be an infraction. G. Consideration of the proposed 1988/89 Fiscal Year Budget. Staff recommended Council direct staff as deemed appropriate. This item was continued to a time later in the meeting. H. Resolution No. 88- Consider a proposed resolution__settin the 1988/89 Fiscal_ Year _ Gann Ae propriations Limit Staff recommended Council direct staff as deemed appropriate. This item was continued to June 29, 1988. K. Resolution No. 88- Consider a proposed resolution to extend the franchise agreement with Ventura _County __Cablevision to September___8, 19.88. Staff recommended Council approve the resolution. The item was continued to June 29, 1988. L. Consider an award of a contract for landscape maintenance at City parks and landscaped areas_. Staff recommended Council award the contract. This item was continued to June 2.9, 1988. M. Consider expanding the physical space__used by the Star Club. Staff recommended Council authorize the Mayor to sign the necessary documents on behalf of the City. This item was continued to June 29, 1988. 13. FUTURE AGENDA ITEMS: Council directed an item concerning the City's emergency management plan be placed on a future Council agenda. 14. CLOSED SESSION: A. Litigation concerning Boething versus the Cit�of Moorpark. B. Litigation concerning City of Moorpark versus Boethinq. Minutes of the City Council Moorpark, California 7 _ June 22, 1988 C. Potential litigation pursuant to.__.._Government Code Section 54956.9(b)(1). D. Potential 1 i tioati on __. pursua_nt t_ o Government Code _Section 54956.9(c). E. Litigation concerning Urban West Communities. F. Litigation concerning_ B.I._A. G. Personnel. H. Personnel discussion pursuant to Government Code Section_ 54957.6. I. Negotiations concerning_ the high school site. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to go into Closed Session to discuss Items 14.A., 14.B., 14.C., 14.D., 14. E., 14. F., 14.G., and 14.I. The voice vote was unanimous. The time was 9:04 p.m. AT THIS POINT IN THE MEETING, the Council recessed, the time being 9:05 p.m. At 9:12 p.m., the full Council reconvened and went into Closed Session. City Manager, Steven Kueny and City Attorney, Cheryl Kane were also present. At 11:14 p.m. Council reconvened in Open Session. It was announced by the City Attorney that there was no action to report from Closed Session and that Item 14.D. was not discussed. The City Attorney left the meeting at this time. G. Consideration of the prop s_ed 198.8/89 Fiscal Year Budget. Staff recommended Council direct staff as deemed appropriate. Thomas Genovese, Deputy City Manager, returned to the meeting. Steven Kueny, City Manager, gave an overview of the proposed 1988/89 budget. It was a consensus of the Council to continue deliberation of the budget until June 29, 1988. 15. ADJOURNMENT: Councilmember Brown requested that the Council set a date for the joint meeting with the Parks and Recreation Commission and requested this occur on Tuesday, June 28, 1988 at 7:00 p.m., by adjourning the meeting to that time. She indicated that it would be timely so as to allow discussion of the conceptual design for the community park which the commission is currently reviewing, as well as to allow discussion of the downtown park issue, as well as other matters. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to adjourn the meeting to 7:00 p.m. on ,June 28, 1988. The voice vote was unanimous. The time of adjournment was 12:18 a.m. Minutes of the City Council Moorpark, California ATTEST: 8 June 22 1988 IT - V---- --- 111