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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: