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HomeMy WebLinkAboutMIN 1992 0617 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California June 17, 1992 A Regular Meeting of the City Council of the City of Moorpark was held on June 17, 1992 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 7:20 p.m. 2. PLEDGE OF ALLEGIANCE: The pledge of Allegiance was led by Yolanda Barrera. 3. ROLL CALL: Present: Councilmembers Montgomery, Perez, Talley, Wozniak and Mayor Lawrason. Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Bill Phelps, Interim Director of Community Development; Dirk Lovett, Assistant City Engineer; Lt. Dean, Sheriff's Department; Don Reynolds, Management Analyst; Jill Rubin, Management Analyst; Mary Lindley, Assistant to the City Manager; Ken Gilbert, Director of Public Works; Lillian E. Kellerman, City Clerk; Dorothy Vandaveer, Deputy City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Recognize Chaparral Students for Recycling Promotion Posters. Mayor Lawrason introduced Katie Bosak, a seventh grade student at Chapparal Middle School. The Mayor congratulated her on her poster and said that he was proud that the students of Chapparal Middle School understand the need to perform waste reduction and other conservation activities. He indicated that the City plans to display Katie's poster at City Hall along with others recently received from Chapparal and Campus Canyon Schools. B. Proclamation for National Aphasia Awareness Week, June 7 - 13, 1992. Councilmember Perez read the Proclamation which will be mailed. C. Proclamation recognizing Disability Insurance Awareness Week, June 7 - 13, 1992. Minutes of the City Council Moorpark, California Page 2 June 17, 1992 Councilmember Wozniak read the Proclamation which will be mailed. D. Introduction of new City employee, Yolanda Barrera. Mayor Lawrason introduced the new Administrative Secretary for the Administrative Services Department, Yolanda Barrera. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Montgomery indicated the need to add an item to the agenda to consider committing $65,000 to the construction to the temporary expansion of the Moorpark Library. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to add item 11.H. to the agenda, Consider Commitment of $65,000 for Temporary Expansion of the Moorpark Library, need having arisen since the posting of the Agenda and action required before the County Board of Supervisors' meeting on Tuesday, June 23. The motion carried by unanimous voice vote. 6. PUBLIC COMMENT: Connie Lawrason, 4291 Ambermeadow Street, addressed the Council regarding the June 9th meeting of CTAC /SSTAC. She indicated that it was their last meeting until September and that a CalTrans Representative summarized the major CalTrans projects for the Committee. She reported that the State Route 118/23 connector project will be completed in June of 1993, with partial opening possible in December of 1992. Gerald Goldstein, 11932 Los Angeles Avenue, congratulated the Mayor for recognizing the Recycling posters created by the children at Chapparal Middle School. He also discussed due process. 7. COMMITTEE REPORTS: Mayor Lawrason gave a brief report on the Library meeting last evening. 8. CONSENT CALENDAR (Roll Call Vote): MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to pull item 8.F. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of the Joint Meeting With the Parks & Recreation Commission of April 13 1992. Minutes of the City Council Moorpark, California Page 3 Consider Approval Meeting of May 13, Consider Approval Meeting of June 3, Consider Approval Meeting of June 3, Consider Approval Meeting of June 5 B. Warrant Register June 17, 1992 of Minutes for the General Plan Update 1992. of Minutes of the Regular City Council 1992. of Minutes of the Special City Council 1992. of Minutes of the Special City Council 1992. FY 1991 -92 Manual Warrants 17676 - 17688 $ 45,499.92 Regular Warrants 17690 - 17769 $133.403.80 C. Consider Confirmation of Delegate and Alternate Delegate to the Area Agency on Aging Advisory Council. Staff Recommendation: Concur with recommendation of Tony Bellasalma as Delegate and George Peckham as Alternate. D. Consider Support for SB1230, Public Library Learning and Literacy Expansion Act of 1992. Staff Recommendation: Authorize Mayor to send a letter in support of SB1230, Public Library Learning and Literacy Expansion Act of 1992. E. Consider Bond Exoneration for Tract 3019 and Tract 3025 (Warmington). Staff Recommendation: Authorize City Clerk to exonerate certain bonds. G. Consider Extension of Landscape Contract Services Agreement . Staff Recommendation: Approve a three (3) month extension of agreement with Turf -Pro from 7/1/92 through 9/30/92 at same compensation and scope of work. H. Consider the City of Buellton's Application for Membership in the SCJPIA. Staff Recommendation: It is the Mayor's intention to vote in favor of membership. Receive and file the report. I. Consider_ Allocation of Contract Accountant Time Charaes. Staff Recommendation: Staff recommends approval of the transfer of $12,024 of contract accountant service charges to the funds outlined above from the General Fund (01) and the Community Development Fund (41). Minutes of the City Council Moorpark, California Page 4 June 17, 1992 J. Consider Budget for Arroyo Vista Community Park. Staff Recommendation: Approve budget and appropriate funds. K. Consider Revision to Contracts for Architectural and Landscape Architectural Services for Arroyo Vista Community Park. Staff Recommendation: Approve amendments to contracts with Wolf, Lang, and Christopher Architects, and T.I. Maloney and appropriate $16,165 from the Community Zone of Fund 5. L. Consider Additional Appropriation for Replacement of Earth at Griffin Park. Staff Recommendation: That the City Council appropriate from the Park Improvement Fund, (Campus Zone, 05.4.147.903) $1,075 for the transportation of fill dirt to complete the restoration of the turf at Griffin Park. M. Consider Establishing the Appropriation (Gann) Limit for FY 92/93. Staff Recommendation: Establish FY 91/92 Appropriation of $3,174,321. N. Consider Payment of Retro - Deposit of for General and Auto Liability to the Southern California Joint Powers Insurance Authority. Staff Recommendation: Approve payment of retro- deposit of $93,000 from general fund reserve, appropriating funds to 01.4.117.648. The following item was pulled from the Consent Calendar for individual consideration: F. Consider PD897 Minor Modification No. 5 (Shakiban) Reauest to Locate a Portable Barbecue in Front of a Store Modify Conditions 4, 5 and Eliminate Conditions 44 and 51.e. of Resolution 90 -717. Staff Recommendation: Receive and file the report. Councilmember Wozniak expressed his concern over the placement of the barbecue pit in relation to the bike storage area and the wall of the building. Mr. Phelps said staff will make sure that the placement is correct and a condition added to cover that concern. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to receive and file the report with the inclusion of an additional condition to the minor modification to address the placement of the barbecue pit. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 5 June 17, 1992 9. PUBLIC HEARINGS: A. Consider Appeal 92 -4 (Kuske) Request to Overturn the Decision of the Director of Community Development and the City Council Conditionally Approving Minor Modification PD 1071 No. 17 and PD 1072 No. 3 (Urban West Communities) . Staff Recommendation: Deny the appeal. Mr. Phelps gave the staff report. He indicated that the appeal had been withdrawn and a letter had been received from Urban West Communities and also from the President of the Mountain Meadows Tuscany Homeowner's Association, Craig Kuske. Ms. Kane stated that as this was not a regularly advertised public hearing and the appeal had been withdrawn, it was within the Council's purview to terminate the proceedings or allow it to go forward to address concerns expressed by other citizens. Mayor Lawrason opened the public hearing. Lori Rutter, 11611 Pinedale Road, addressed the Council. She thanked City staff members for their direction and help in the process. She said that Urban West Communities has circumvented their own CC &R's and the character of West Ranch would be altered forever. She said three of the four new Tuscany models do not conform to the original basic requirements. Mayor Lawrason closed the public hearing. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to table the item and take it off calendar and to direct staff to issue a refund of the appeal fee to the appellant. The motion carried by unanimous voice vote. B. Consider Proposed Assessments for "Parks Maintenance Assessment District No. AD -85 -1" for the Fiscal Year Commencing on July 1, 1992 and Ending June 30. 1993_ and Consider Resolution No. 92- , a Resolution Confirming the Assessment for Fiscal Year 1992/93. Staff Recommendation: Defer action until adoption of the FY92/93 Budget. (Continued, Public Hearing open.) Mr. Kueny indicated that it was staff's recommendation that the public be allowed to give testimony and the item be continued to the next scheduled Budget Session. Mayor Lawrason indicated that the public hearing was still open. Minutes of the City Council Moorpark, California Page 6 June 17, 1992 Ms. Kellerman said no speaker cards were received for this item. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to continue this item to June 22, 1992. The motion carried by unanimous voice vote. C. Consider Proposed Assessments for "Moorpark Lighting and Landscaping Maintenance Assessment District No. AD -84 -2" for the Fiscal Year Commencing July 1, 1992 and Ending June 30, 1993 and Consider Resolution No. 92- a Resolution Confirming the Assessment for Fiscal Year 1992/93. Staff Recommendation: Defer action until adoption of the FY92/93 Budget. (Continued, Public Hearing open.) Mr. Kueny indicated that it was staff's recommendation that the public be allowed to give testimony and the item be continued to the next scheduled Budget Session. Mayor Lawrason indicated that the public hearing was still open. Ms. Kellerman said that no speaker cards were received for this item. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to continue this item to June 22, 1992. The motion carried by unanimous voice vote. D. Consider Exchange of CDBG Funds in Support of Bovs & Girls Club Gym. Staff Recommendation: Authorize staff to proceed with CDBG program changes, moving Gann funds to Club. Mr. Reynolds gave the staff report. Councilmember Montgomery said the recommendation to move $100,000 of 1988/89 CDBG program year funds from the gym acquisition to affordable housing land acquisition was not urgent. He recommended that these funds be reprogrammed to the Charles Street improvements. Mayor Lawrason opened the public hearing. Ms. Kellerman indicated that no speaker cards were received for this item. Mayor Lawrason closed the public hearing. Minutes of the City Council Moorpark, California Page 7 June 17, 1992 Councilmember Perez suggested that a separate agenda item be considered regarding the redirection of the CDBG funds from affordable housing land acquisition to Charles Street. Councilmember Montgomery said there was some degree of urgency attached to this item and he believed this item needed to be settled this evening. Mr. Kueny indicated that County staff is concerned with the City's ability to spend the prior year CDBG funds outlined in the report. He requested that the Council take final action on this item this evening. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to replace CDBG funding to the Boys and Girls Club gym acquisition project totalling $150,000 with $50,000 of Gann Funds, $50,000 from the General Fund Reserve, and a $50,000 repayment from the Club for a repayment to HUD, and reprogram the CDBG contribution as follows: 1) move the $100,000 of 1988/89 CDBG program year funds from the gym acquisition to Charles Street improvements; 2) move the $5,266 of 1988/89 CDBG program year funds from the gym acquisition to the Charles Street improvements and; 3 ) move the $44,734 from the 1989/90 CDBG program year funds to Charles Street improvement; 4) appropriate $50,000 in Gann Funds for 1/3 of the repayment to HUD; 5) appropriate $50,000 of the General Fund reserve for repayment to HUD; 6) appropriate $1,520 from the recreation fund and $4,307.36 from the General Fund for a total of $5,827.36 to be paid to HUD from interest earned on the principal amount; 7) direct staff to investigate the City's ability to appeal the interest payment requirement. The motion carried by unanimous roll call vote. E. An Ordinance of the City of Moorpark, California, Amending (Handbill Distributionl. Staff Recommendation: Introduce Ordinance No. 152 amending Sections 9.12.060 and 9.12.070 of Chapter 9.12 for first reading. 12.060 and 9.12.070 of Chapter 9.12 for first reading. Mr. Phelps gave the staff report. Mayor Lawrason opened the public hearing. Ms. Kellerman reported that no speaker cards were received for this item. Mayor Lawrason closed the public hearing. Ms. Kane read the ordinance title. Minutes of the City Council Moorpark, California Page 8 June 17, 1992 MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to read the ordinance title. The motion carried by unanimous voice vote. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to waive further reading and declare Ordinance No. 152 introduced for first reading. The motion carried by unanimous voice vote. 10. COMMENTS FROM COUNCIL MEMBERS: None. 11. ACTION /DISCUSSION ITEMS: A. Consider Upgrade of City Phone System. Staff Recommendation: Authorize staff to pursue phone upgrades and allow City Manager to execute contract for changes. Mr. Reynolds gave the staff report. After discussion by the Council of their concern with the cost and problems with a new phone system and untested software, the following consensus was reached: CONSENSUS: By consensus, the Council determined to request that staff provide information on customers who have this phone system software in operation; what the impact would be on the receptionist if more phone lines were brought in; the staff to explore options for expediting the transfer of calls from the receptionist to the departments, an inter - connection with Building and Safety and with the Sheriff's Department; how to record or have messages taken after hours and on weekends; the Council indicated they would be in favor of possibly bringing more lines into City Hall. B. Consider an Agreement with Impact Sciences to Prepare a Subsequent Environmental Impact Report for the Carlsberg Specific Plan and Subsequent Environmental Impact Report. Staff Recommendation: Approve the project description in concept, authorize staff to send the Notice of Preparation to the appropriate agencies, and authorize the Mayor to sign the agreements subject to final language approval by the City Attorney and City Manager. Mr. Phelps gave the staff report. In response to Mayor Lawrason, he said that nothing was actually being approved as far as the Land Use Plan this evening. Minutes of the City Council Moorpark, California Page 9 June 17, 1992 Councilmember Montgomery expressed concern with the recommendation to approve in concept the revised Land Use Plan. Ms. Kane suggested the following language for No. 1 of the staff recommendation: Authorize staff to process the specific plan amendment application. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve the staff recommendation as modified by the City Attorney to read 1) authorize staff to process the specific plan amendment application; 2) authorize staff to send out the notice of preparation; 3) approve the contract with Impact Sciences for preparation of a supplemental environmental impact report, and with the applicant for payment of Consultant and City staff costs regarding this project. The motion carried by unanimous voice vote. C. Consider Relocation of Cal —Trans Maintenance Station. Staff Recommendation: Continue until June 24, 1992. MOTION: Councilmember Perez moved and Councilmember Talley seconded a motion to continue this item to the meeting of June 22, 1992. The motion carried by unanimous voice vote. D. Consider Cancellation of Citv Council Meetings for the Month of August, 1992. Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny indicated that this item was requested by Council. He said that if the August 5th meeting were canceled and Council adjourned from July 15th to the second meeting in August which is August 19th, there would be four weeks without a Council meeting. MOTION: Councilmember Talley moved and Councilmember Montgomery seconded a motion to be in adjournment after the meeting of July 15th until the meeting of August 19th. The motion carried by unanimous voice vote. E. Consider Correction of Appropriation Limit (Gann) Staff Recommendation: Direct staff to complete a study of the base year appropriation limit calculation. Mr. Hare gave the staff report. Minutes of the City Council Moorpark, California Page 10 June 17, 1992 MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to direct staff to complete a study of the base year appropriation limit calculation performed by the County and LAFCO and to submit their findings to the City Council by September 16, 1992. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, a recess was declared. The time was 9:04 p.m. The Council reconvened at 9:20 p.m. F. Consider 1992/93 Proposed Goals and Objectives. Staff Recommendation: Approve 1992/93 Goals and Objectives. Mr. Kueny went through the proposed 1992/93 objectives with Council. The following changes were requested by the Council: Mayor Lawrason requested that an information booklet to be prepared for City Council meetings be added to the City Clerk's list of objectives. In the Code Enforcement area, Mayor Lawrason indicated that addressing the problem of overcrowding should be the number one priority. In the Recreation section, No. 4, Councilmember Perez requested that the wording for this item be verified because he did not remember the word "teen" being used. In the Parks section, No. 7, Councilmember Perez said the homeowners in the Villa Campesina development were very anxious for the neighborhood park. In the Parks section, No. 16, Councilmember Montgomery said the upgrade to existing parks facilities by budgeted improvements should be consistent with Council action on the budget. In the Cable Television section, No. 4, June 30, 1992 should be corrected to read, "June 30, 1993 ". In the Capital Projects section, No. 5, all projects to be consistent with budget action. CONSENSUS: By consensus, the Council determined to continue this item concurrent with the adoption of the annual budget for fiscal year 92/93. G. Consider Adoption of the Annual Budget for FY 92/93. Staff Recommendation: Approve the Annual Budget for FY92/93. Minutes of the City Council Moorpark, California Page 11 June 17, 1992 MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to continue this item to the June 22, 1992 meeting. The motion carried by unanimous voice vote. 12. ORDINANCES: None. 13. FUTURE AGENDA ITEMS: Councilmember Montgomery requested that an item be placed on the Public Works Committee agenda to discuss Annette /Cloverdale area stop sign. This item to come back to the full Council after discussion by the committee. Councilmember Perez indicated that the Villa Campesina Park might be used as a site for the Community Garden in the fall. 14. CLOSED SESSION: MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to adjourn to closed session for discussion of all items listed on the agenda: A. Personnel. B. Personnel pursuant to Government Code Section 54957.6. C. Potential litigation pursuant to Government Code Section 54956.9 (b) (1) . D. Potential litigation pursuant to Government Code Section 54956.9(c). E. Litigation concerning Ventura County Community College District Case No. 107569 vs. City of Moorpark. F. Litigation concerning the Moorpark Mosquito Abatement District vs. City of Moorpark. G. Negotiations for Real Property at 280 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54956.8. H. Litigation concerning Conejo Freeway Properties, LTD. vs. City of Moorpark. I. Litigation concerning City of Moorpark vs. Southern California Edison, et al. Minutes of the City Council Moorpark, California Page 12 June 17, 1992 The motion carried by unanimous voice vote. AT THIS POINT in the meeting, a recess was declared. The time was 10 :30 p.m. The Council reconvened into closed session at 10:35 p.m. Present in closed session were all Councilmembers; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; and Cheryl Kane, City Attorney. The meeting reconvened into open session at 10:50 p.m. Mr. Kueny stated there was no action to report out of closed session and only items 14.A., 14.D., and 14.E. had been discussed. 15. ADJOURNMENT: MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to adjourn the meeting to Monday, June 22, at 6:30 p.m. The motion carried by unanimous voice vote. The time was 10:50 p.m. ` • ,f: ' Lit i Llw.r Paul W. La rason Jr., hyor ATTEST: