HomeMy WebLinkAboutMIN 1988 0629 CC ADJMINUTES OF THE CITY COUNCIL
Moorpark California June 29, 1988
The adjourned meeting of the City Council of the City of Moorpark, California
was held on June 29, 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 future time in the agenda,
since it was Council's intent to meet first concerning Closed Session
matters.
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.
Potential 1itigation___pursuant to Government Code
Section
54956.9(b)(1).
B.
Potential litigation___pursuant to Government Code
Section
54956.9(c). - -- - _.---- - - - - -_
- -
---- - - -_..
C.
Litigation concern inq -Urban West Communities versus the
- - - -- - .__... - - - - - -- - -
City of
- - --
Moorpark.
D.
Litigation - concerning B.I.A. versus the Ci -ty of Moorpark.
E.
Personnel.
F.
Personnel discussion pursuant to Government Code
Section
54957.6. - — — --
G.
Negotiations concerning_the high school. site.
MOTION: Councilmember Brown moved and Councilmember Galloway
seconded a motion to go into Closed Session to discuss
Closed
Session Items 14.E. and 14.F. The voice vote was unanimous.
The time was 6:13 p.m.
Minutes of the City Council
Moorpark, California _ _ 2 June 29,_ 1988
AT THIS POINT IN THE MEETING, City Attorney, Cheryl Kane, entered the Closed
Session. The time was 6:38 p.m. At 6:44 p.m., she left the meeting.
At 7:14 p.m. the Council reconvened in Open Session. Steven
Kueny, City Manager, announced there was no action to report and
only Items 14.E. and F. were discussed.
MOTION: Councilmember Harper moved and Councilmember Perez
seconded a motion to recess the meeting and reconvene at 7:20
p.m. The voice vote was unanimous.
1. CALL TO ORDER:
The meeting was reconvened at 7:30 p.m. by Mayor John Patrick Lane.
2. PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Councilmember Harper.
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;
John Knipe, Assistant City Engineer; Phil Newhouse,
Director of Community Services; Thomas P. Genovese,
Deputy City Manager; and Maureen W. Wall, City Clerk.
4. PROCLAMATIONS .COMMENDATIONS, -AND SPECIAL PRESENTATIONS:
None were presented.
5. REORDERING OF AND ADDITIONS_TO, THE AGENDA:
By consensus of Council, Item 1.1.G., consideration of the 1988/89
budget, will be heard after Item 11.L.
6. PUBLIC COMMENTS:
There were no public comments given.
7. COMMITTEE REPORTS:
Councilmember Brown reported Moorpark Unified School District had
approved agreements which will allow access to the 69 -acre park site.
8. CONSENT CALENDAR:
A. Consider authorizing staff to_Qurchase__a_ Work Station Expansion
Card to connection_ of— additional devices to the City's
computer system. Staff recommended Council authorize staff to
purchase the necessary feature.
Minutes of the City Council
Moorpark, California _ _ 3 _ _ June 291 1988
MOTION: Councilmember
seconded a motion to
Station Expansion Card
Account No. 01- 117 -606.
9. PUBLIC HEARINGS:
Galloway moved and
authorize staff to
at an amount not to
The voice vote was
Councilmember Perez
purchase the Work
exceed $2,000 from
unanimous.
A. Consideration of proposed assessments 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 Resolution 88- 485,__a resolution_ confirming the
assessment for-fiscal-year 1988/89.
The Public Hearing was opened and then closed when no one wished
to speak. Further action was deferred until Council heard Item
11.G. on the agenda.
B. Consideration of proposed assessments for "Parks Maintenance
Assessment District No. AD 85 -1" for the fiscal year commend
July 1, 1988 and ending June _30,_ 1989, and consideration of a
proposed Resolution 88- a resolution_ confirming the
assessment for fiscal_year 1988/89.
The Public Hearing was opened and then closed when no one wished
to speak. Further action was deferred until Council heard Item
11.G. on the agenda.
C. Appeal No. 4 of a Planning Commission decision concerning U.S.
Sprint Network Route Devel opnent j Randall Murphy)._ U.S. Sprint
Communications proposes to install an underground fiber 92tic
communication cable directs within the Southern Pacific
Railroad_ right -of -wad through the City. Staff recommended
Council direct staff as deemed appropriate.
The Public Hearing was opened, and then continued to July 6,
1988.
10. COMMENTS FROM COUNCILMEMBERS:
Councilmember Brown reported City Manager Kueny was elected to chair
the City Managers group of VCAG, and was congratulated by Council.
Councilmember Perez asked staff to consider a flashing signal at the
intersection of Moorpark Avenue and Second Street as an aid to
pedestrian traffic.
11. DISCUSSION /ACTION ITEMS:
BY CONSENSUS OF COUNCIL, Item 11.K. was heard here.
K. Resolution No. 88 -478. Consider a proposed resolution to extend
the franchise agreement with_ Ventura Coun_t_y_Cabl evi si on to
September 8, 8. Staff recommended Council approve Resolution
No. 88 -478.
Minutes of the City Council
Moorpark_ California _ 4 _ June 29, 1988
No oral staff report was given.
MOTION: Councilmember Brown moved and Councilmember Harper
seconded a motion to approve Resolution No. 88 -478, a resolution
extending the Cable Television Franchise for Ventura County
Cablevision, Inc. through September 8, 1988. The voice vote was
unanimous.
BY CONSENSUS OF COUNCIL, Item 11.M. was heard here.
M. Consider expanding the physical space used by the Star Club.
Staff recommended Council authorize the City Manager to sign the
necessary documents on behalf of the City.
Philip Newhouse, Director of Community Services, gave an
overview of the staff report dated June 22, 1988 concerning Star
Club program expansion.
MOTION: Councilmember Brown moved and Councilmember Galloway
seconded a motion to approve the expansion of the Star Club as
presented, to authorize the City Manager to sign a Gelco Space
Lease agreement for rental of 36' by 60' portable facility for a
two year period, and to authorize the City Manager to sign an
agreement with Moorpark Unified School District for utilities
and space rental. The voice vote was unanimous.
BY CONSENSUS OF COUNCIL, Item 11.N. was heard here.
N. Consider a report regarding an update to the City's General Plan
Housing Element. Staff recommended the Council review the Scope
of Work, award a contract, and authorize the City Manager to
sign a contract on behalf of the City.
Patrick Richards, Director of Community Development, gave an
overview of the staff report dated June 24, 1988.
MOTION: Councilmember Harper moved and Councilmember Brown
seconded a motion to approve the Scope of Work as outlined, to
appropriate $10,000 from the Community Development Fund (Fund
41) as part of the 1988/89 budget; and to authorize the City
Manager to sign a contract with Ralph Castaneda & Associates not
to exceed $10,000 with a stipulation that a draft of the updated
Housing Element be submitted to the State Housing and Community
Development Office no later than August 31, 1988. The voice
vote was unanimous.
H. Resolution No. 88 -479. _Consider__a proposed reso_ lution ._setting
the 1988/89 Fiscal_ Year Gann Appropriations Limit. Staff
recommended Council direct staff as deemed appropriate.
City Manager, Steven Kueny, gave an overview of the resolution
being presented. There were minor language changes suggested by
the City Attorney.
Minutes of the City Council
Moorpark, California 5 _ . June 29, 1988
MOTION: Councilmember Harper moved and Councilmember Galloway
seconded a motion to approve Resolution No. 88 -479, a resolution
establishing the City's appropriation limit for the 1988/89
Fiscal Year and establishing a Gann Fund, with the language
changes suggested by the City Attorney. The voice vote was
unanimous.
BY CONSENSUS OF COUNCIL, Item 11.0. through 11.S. were heard here.
0. Resolution No. 88 -480. A proposed resolution calling and giving
notice of a General Municipal Election to be held in the City on
Tuesday, November 8, 1988 for the election of certain officers
of the City and requesting said General Municipal Election be
consolidated with the Presidential General Election on said
date. Staff recommended Council approve Resolution No. 88 -480.
Resolution No. 88 -482. A proposed resolution calling and giving
notice of a Special Municipal Election to be held in the City on
Tuesday. November 8. 1988 for the submission of the questions or
measure to the gual i f i e_d_ electors of the__Ci ty _ of a _ separate_y
elected Mayor for a two or four year term and requestinn
consolidation of said election with the Presidential General
Election on said date. Staff recommended Council take action as
deemed appropriate.
Q. Resolution No. 88-483. proposed _ resolution authorizing
certain members of the Council to file a written arqument for or
against the questions or measure concerning a separately elected
Mayor for a two or four term to be submitted to the voters
of the Ci_ty at a S__pecial Municipal Election _to_be held November
8, 1988. Staff recommended Council take action as deemed
appropriate.
R. Resolution No. 88 -484_. A prop p
proposed resolution roviding for the
filin of rebuttal _arguments for City measures submitted at
Municipal Elections_. Staff recommended Council take action as
deemed appropriate.
S. Resolution No. 88- 48_1.____A proposed resolution requesting the
Board of Supervisors of Ventura County e� rmit the County Clerk
to render services to the City of Moorpark for the election to
be held in the City on November 8,19.8_8. Staff recommended
Council approve Resolution No. 88 -481.
Maureen Wall, City Clerk, gave an overview of Items 11.0.,
11.Q., 11.R., and 11.S. by reviewing the staff report
dated June 24, 1988. She noted that Items 11.0. and 11.S. must
be approved and presented to the County by July 7, 1988, if the
City wished to consolidate the General Municipal Election.
Items 11.P., 11.Q. and 11.R. should be approved by the Council
if it were their intent to place a measure on the ballot for
November.
Minutes of the City Council
Moorpark, California
June 29, 1988
MOTION: Councilmember Harper moved and Councilmember Brown
seconded a motion to approve Resolution No. 88 -480, a resolution
calling and giving notice of the holding of a General Municipal
Election to be held in the City on Tuesday, November 8, 1988 for
the election of certain officers of the City; and to approve
Resolution No. 88 -481, a resolution requesting the Board of
Supervisors of Ventura County permit the County Clerk to render
services to the City of Moorpark for the Municipal Election to
be held on November 8, 1988, and to canvass the returns of the
Municipal Election. The voice vote was unanimous.
MOTION: Councilmember Brown moved and Councilmember Galloway
seconded a motion to approve Resolution No. 88 -482, a resolution
calling and giving notice of the holding of a Special Municipal
Election to be held in the City on Tuesday, November 8, 1988 for
the submission of questions or a measure to the qualified
electors of the City of a separately elected Mayor for a two or
four year term, and requesting the Board of Supervisors of the
County of Ventura consolidate said Special Municipal Election
with the Presidential General Election on said date; to approve
Resolution No. 88 -483, a resolution of the Council authorizing
certain of its members to file a written argument for or against
questions or measure to the qualified electors of the City at a
Special Municipal Election to be held November 8, 1988; and to
approve Resolution No. 88 -484, a resolution providing for the
filing of rebuttal arguments for City measures submitted at
Municipal Elections. The voice vote was unanimous.
T. Consider an award of contract for the Campus Park Drive - Delfin
Street Traffic Signal Project. Staff recommended Council award
the Delfin Traffic Signal Project to Taft Electric Company in
the amount of $83,340.
John Knipe, Assistant City Engineer, gave a brief overview of
the staff report dated June 23, 1988. Mr. Knipe reported the
approximate cost of the signal would be $100,000 with $50,000
coming from Griffin Homes and the remaining $50,000 from Fund
02, Traffic Safety.
MOTION: Councilmember Harper moved and Councilmember Galloway
seconded a motion to award the Delfin Traffic Signal Project to
Taft Electric Company in the amount of $83,340. The voice vote
was unanimous.
MOTION: Councilmember Brown moved and Councilmember Galloway
seconded a motion to direct staff to forward a letter to
Moorpark College requesting they participate in the funding of
the signal in an amount of $5,000. The voice vote was
unanimous.
12. ORDINANCES:
Minutes of the City Council
Moorpark, California_ 7 June 29 1988
A. Ordinance No. 96, an ordinance amending the City's Mobile Home
Rent Control Ordinance (Ord.__No.,51 ). Staff recommended Council
approve the ordinance for second reading and adoption.
Cheryl Kane, City Attorney, read Ordinance 96 in title only.
MOTION: Councilmember Brown moved and Councilmember Harper
seconded a motion to waive further reading of the ordinance.
The voice vote was unanimous.
MOTION: Councilmember Brown moved and Councilmember Harper
seconded a motion to approve the ordinance for second reading
and adoption. The voice vote was unanimous.
MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion
to add an item concerning Boething versus the City of Moorpark and the City of
Moorpark versus Boething to the agenda, since a need to take action arose
subsequent to the posting of the agenda. The voice vote was unanimous, and the
matter became Item 14.H. on the agenda.
13. FUTURE AGENDA ITEMS:
No items were directed to be placed on future Council agenda.
14. CLOSED SESSION:
A. Potential litigation __.pursuant to Government — Code __.Section
54956.9(b)(1).
B. Potential_ litigation_ pursuant to Government Code Section
5-4956.9(0. - - - -- - - - -- - - - --
C. Litigation concerning Urban West Communities versus the City of
Moorpark.
D. Litigation concerning B.I.A. versus the City of Moorpark.
E. Personnel.
F. Personnel discussion pursuant to Government Code Section
54957.6.
G. Neqotiations concerninq_the high school site.
H. Litigation concerning Boethinq versus the City_ of Moorpark, and
the City of Moorpark versus Boethinq.
MOTION: Councilmember Harper moved and Councilmember Galloway
seconded a motion to go into Closed Session to discuss Items
14.C., 14.D., 14.G. and 14.H. The time of adjournment was 8:17
p.m.
At 9:02 p.m. the full Council reconvened in Open Session,
reporting no action was taken.
Minutes of the City Council
Moor park,_California 8 June 29, 1988
AT THIS POINT IN THE MEETING, the Council recessed. The time was 9:12 p.m. At
9:30 p.m. the full Council reconvened.
11. G. Consideration of the proposed 198.8/89 Fiscal Year Budget. Staff
recommended Council direct staff as deemed appropriate.
Budget deliberations then ensued.
MOTION: Councilmember Harper moved and Councilmember Galloway
seconded a motion to direct staff to place $150,000 in Account
Number 01- 117 -548, Insurance Services.
AT THIS POINT IN THE MEETING, the Council recessed. The time was 10:55 p.m.
At 11:05 p.m. the full Council reconvened.
Staff was directed to come back with a graffiti removal project
and estimates as to the amount of funds which might be
necessary.
AT THIS POINT IN THE MEETING, Council considered Items 9.A. and 9.B.
9. A. Consideration of proposed assessments 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.
City Manager Steve Kueny gave a brief report summarizing the
Council's previous review of the Engineer's Report and cost
estimates.
MOTION: Councilmember Harper moved and Councilmember Perez seconded a
motion to approve Resolution No. 88 -485, a Resolution making certain
changes to Assessment District 84 -2, approving and adopting the
Engineer's Report and setting assessments for Fiscal Year 1988 -89 as
contained in the Report. The voice vote was unanimous.
9. B. Consideration of proposed assessments for "Parks Maintenance
Assessment District No. AD 85 -1" for the fiscal year commencing
July 1, 1988 and ending__June 30 1989 and consideration of a
proposed Resolution 88- a resolution confirming_ the
assessment for fiscal__year 1988/89.
MOTION: Councilmember Brown moved and Councilmember Galloway
seconded a motion to not impose an assessment for AD 85 -1 for
the fiscal year 1988/89.
AMENDMENT TO THE MAIN MOTION: Councilmember Harper
moved and Councilmember Perez seconded a motion to spend
$131,000 in parks and allocating additional monies for
curb, gutter, and sidewalk improvements in the downtown
area. The amendment failed with Councilmembers Brown
and Galloway and Mayor Lane voting no.
Minutes of the City Council
Mo ._ . 290 � 1988
The motion was approved with Councilmembers Harper and Perez
voting no.
MOTION: Councilmember Galloway moved and Councilmember Brown
seconded a motion to spend the estimated $95,800 of the monies
over the Gann Limit for Fiscal Year 1985/86 for parks
maintenance. The voice vote was unanimous.
AT THIS POINT IN THE MEETING, the Council considered Item 11.L.
11. L. Consider an award of a_ contract_ for landscape maintenance at
City parks and landscaped areas. Staff recommended Council
award the contract.
No oral staff report was given.
MOTION: Councilmember Perez moved and Councilmember Harper
seconded a motion to award the contract for Routine Landscape
Maintenance for City Parks and Landscaped Areas for fiscal year
1988/89 to Agro Landscape Management, except the newly added
slope area on Tierra Rejada at the Christian Barrett entry of
Tract No. 2865 in the amount of $91,200.00 and to authorize the
Mayor to sign the contract on behalf of the City. The voice
vote was unanimous.
AT THIS POINT IN THE MEETING, Council continued discussion of Item 11.G.
11. G. Deliberation of the 1988/89 Fiscal Year Budget.
MOTION: Councilmember Harper moved and Councilmember Perez
seconded a motion to authorize staff to create the position of
Star Club Program Director at the rate of $9.00 per hour with
minimum benefits and no health benefits. The voice vote was
unanimous.
MOTION: Councilmember Harper moved and Councilmember Perez
seconded a motion to direct that the basketball courts in North
Meadows and Glenwood Parks were to be sandblasted and re- striped
at a cost of $3,000 to be paid from Park Maintenance funds. The
voice vote was unanimous.
AT THIS POINT IN THE MEETING, Council considered Item 14.E.
14. E. Closed Session: Personnel.
MOTION: Councilmember Brown moved and Councilmember Perez
seconded a motion to go into Closed Session to discuss Item
14.E. The voice vote was unanimous. The time was 11:42 p.m.
At 12:53 a.m. the full Council reconvened in Open Session. The
City Manager stated there was no action to report.
AT THIS POINT IN THE MEETING, Council continued deliberations of Item 11.G.
11. G. Deliberation of the 1988/89 Fiscal Year Budget.
Minutes of the City Council
Moorpark, California
June 29, 1988
MOTION: Councilmember Harper moved and Councilmember Brown
seconded a motion to direct staff to memorialize the draft
Memorandum of Understanding with the Public Employees
Association of Ventura County as presented which included: 1)
the City agreed to attempt to implement the current employee
contribution to P.E.R.S. as deferred compensation and spend up
to $500 to implement such and to do so by the end of the 1988
calendar year; 2) the City agreed to give a 5% salary increase
to each employee, effective July 1, 1988; 3) the City agreed to
pay 100% of the dependent coverage for health benefits; 4) for
the positions of Senior Planner and Associate Planner, to
compensate overtime for these positions at straight time for
attendance at meetings in excess of 12 hours of overtime in any
month, and the positions would no longer receive one week of
administrative time; 5) the City agreed the positions of Finance
Officer and Recreation Supervisor would be overtime exempt, but
would have one week of administrative leave, or the City will
pay 3 112% of the employee's P.E.R.S. contribution for these
positions; 6) the City agreed if Christmas Eve falls on Tuesday
through Friday, employees shall have 4 hours of holiday pay and
8 hours of holiday pay if it falls on Monday; and 7) the City
agreed to go to bi- weekly payroll periods; and the association
agreed to amend Rule 14 of the Personnel Rules to reflect that
an employee is responsible to maintain proper driver's license
status as required by their job position. The voice vote was
unanimous.
MOTION: Councilmember Brown moved and Councilmember Harper
seconded a motion to increase the City Clerk and Director of
Community Services range by 10 %, to pay 3 112% of the P.E.R.S.
obligations for both positions, and with both to be eligible for
merit increases at their anniversary date. The voice vote was
unanimous.
MOTION: Councilmember Harper moved and Councilmember Perez
seconded a motion to increase the salary range for the Director
of Community Development by 5 %, and to pay 3 112% of the
P.E.R.S. obligation for this position with eligibility for a
merit increase at his anniversary date. The voice vote was
unanimous.
MOTION: Councilmember Brown moved and Mayor Lane seconded a
motion to increase the salary range of the Deputy City Manager
as previously submitted to the Council, and to pay 3 112% of the
P.E.R.S. obligation for this position. The voice vote was
unanimous.
MOTION: Councilmember Perez moved and Councilmember Harper
seconded a motion to increase the City Manager's salary by 15 %.
The voice vote was unanimous.
MOTION: Councilmember Brown moved and Councilmember Harper
seconded a motion to adopt the budget as modified, incorporating
the increase in salary adjustments, and with staff to bring back
Minutes of the City Council
Moorpark, California
15.
a final budget document as soon as possible
approved with Councilmember Harper voting no.
June 291988
The motion was
Councilmember Harper stated he voted no since he was opposed to
the $131,000 in Parks Maintenance being funded from the General
Fund, since he felt these monies should have been used for other
public improvements with parks maintenance funded by the
Assessment District.
Councilmember Galloway commented he felt the Council may not be
totally satisfied with the budget, but felt the Council had been
accommodating and compromising to adopt the budget which
included increases in staff salaries.
Mayor Lane commented the $131,000 was budgeted as it should have
been, and that the parks maintenance assessment district was
something the community did not want.
ADJOURNMENT:
MOTION: Councilmember Brown moved and Councilmember Harper seconded a
motion to adjourn the meeting to 6:00 p.m. on July 6, 1988 for the
discussion of Closed Session items. The voice vote was unanimous. The
time of adjournment was 1:07 a.m.
Ll"'- 4A �
Mayor
ATTEST: