HomeMy WebLinkAboutMIN 1993 1103 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California November 3, 1993
A Regular Meeting of the City Council of the City of Moorpark was
held on November 3, 1993 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 7:16 p.m.
2. PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Councilmember Montgomery.
3. ROLL CALL: Councilmembers Montgomery, Perez, Wozniak
and Mayor Lawrason.
Absent: Councilmember Hunter
Staff Present: Steven Kueny, City Manager; Richard Hare,
Deputy City Manager; Cheryl Kane, City
Attorney; Lieutenant Dean, Sheriff's
Department; Jim Aguilera, Director of
Community Development; Ken Gilbert,
Public Works Director; Mary Lindley,
Assistant to the City Manager; Chris
Adams, Director of Community Services;
Dirk Lovett, Assistant City Engineer;
Charles Abbott, City Engineer; Don
Reynolds, Administrative Services
Manager; Kathleen Mallory- Phipps,
Associate Planner; Debbie Traffenstedt,
Senior Planner; Lillian Hare, City Clerk;
Dorothy `Iandaveer, Deputy City Clerk
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
A. Proclamation recognizing the "Buckle Up For Life"
challenge from November 1, 1993 through November 1, 1994.
Mayor Lawrason read the proclamation. No one was present
to receive it.
B. Proclamation recognizing November 21 - 28, 1993 as
National Bible Week.
Councilmember Montgomery read the proclamation and a
letter from President Bill Clinton regarding National
Bible Week. No one was present to accept the
proclamation.
Minutes of the City Council
Moorpark, California Page 2 November 3, 1993
5. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
6. PUBLIC COMMENT:
Joy Cummings, 650 Bard Street, spoke representing the Old Town
Merchants Association. She encouraged the Council to adopt
the six month special event permit. She also complained that
pornographic newspapers were visible in the newsracks across
the street from her establishment. On another issue she spoke
regarding the plants in the new planter boxes on High Street.
She said they may not be planted properly and some of them may
die. Also, she said the merchants are being asked to water
the plants which was not part of the agreement.
Mayor Lawrason requested staff to investigate the newsrack
situation to see if there is a problem.
Barbara Shultz, 116 Sierra Avenue, addressed the Council. She
said that in researching meeting tapes it refreshed her memory
that on August 1991, Councilmember Montgomery asked staff to
respond to her as to when the wall would be built. She said
it is November 1993 and that two years and two months are long
enough to get an answer. She said the bright lights from the
new shopping center make her house like the "Las Vegas of
Moorpark" and she has a short little wall that has been
damaged. She said she would like to know the height the wall
will be; the material it will be made out of, and type of
information like that. She also said the property was
supposed to be seeded and she wanted to know about that.
Councilmember Montgomery requested staff to answer Ms.
Shultz's questions, writing a letter to her to answer her
concerns.
7. COMMITTEE REPORTS:
None.
8. CONSENT CALENDAR (Roll Call Vote):
MOTION: Councilmember Wozniak moved and Councilmember Perez
seconded a motion to pull items 8.D. and 8.G. and to adopt the
balance of the Consent Calendar. The motion carried by roll
call vote 4 -0, Councilmember Hunter absent for the vote.
A. Consider Minutes of the Special City Council Meeting of
October 20, 1993.
Minutes of the City Council
Moorpark, California Page 3 November 3, 1993
Consider Minutes of the Regular City Council Meeting of
October 6, 1993.
Consider Minutes of the Adjourned Regular City Council
Meeting of October 13, 1993.
Consider Minutes of the Special City Council Meeting of
October 13, 1993.
Staff Recommendation: Approve minutes as processed.
B. Consider Approval of Warrant Register.
Manual Warrants 21477, 21478, $ 17,123.65
21593 - 21602
Regular Warrants 21603 - 21723 $145,734.89
Staff Recommendation: Approve the Warrant Register.
C. Consider Acceptance of Installation of Electrical Work at
Peach Hill Park and North Meadows Park. Staff
Recommendation: Accept the work as completed, subject to
final approval by the City Manager; authorize the City
Clerk to file a Notice of Completion subsequent to
approval by the City Manager.
E. Consider Bids for the Construction of an Access Road to
Serve the Sunnyslope Debris Basin. Staff Recommendation:
1) Approve the request of Greg Quigley Concrete to
withdraw their bid; 2) Approve an additional
appropriation from Fund 23 and an amendment to the FY
1993/94 Budget for the subject project (23- 400 - 903 -0283)
in the amount of $14,000, to be funded from surplus AD
84 -2 maintenance assessments; 3) Direct staff to include
said amount in the proposed Zone 2 assessments for FY
1994/95 to be considered in June 1994; 4) Award a
contract to R & H Paving, Inc., for the subject work in
the amount of $21,444.00; 5) Approve a ten percent
contingency for the project and authorize the City
Manager to approve additional work, if required, for an
amount not to exceed. ten percent of the contract; and,
Authorize the Mayor to sign necessary contract documents.
Minutes of the City Council
Moorpark, California Page 4
November 3, 1993
F. Consider Approval of the Granting of an Easement to
Ventura County Waterworks District No. 1 Required for the
Placement and Maintenance of a Water Pressure Reducing
Station. Staff Recommendation: Approve the Easement
Deed to Ventura County Waterworks District No. 1 for the
construction, operation and maintenance of a water
pressure reducing station.
H. Consider Exoneration of Bonds for Tract 3244 -1 (Telada).
Staff Recommendation: Authorize the City Clerk to
exonerate the bonds.
I. Consider the Use of a Zone Clearance Permit for
Reoccurring Special Events. Staff Recommendation: City
Council approve the use of the zone clearance permit for
temporary uses /special events for a period of six months
from the date the permit is issued, contingent upon the
nature of the event(s) remaining significantly similar to
that described in the initial application.
J. Consider Revisions to the Land Use Development Fees
(Developer Fees) and Implementation of Code Enforcement
and Administrative Services Fees. Staff Recommendation:
That the City Council, pursuant to Government Code 66016,
conduct a public meeting on November 17, 1993 at 7:00
p.m. to revise the City's land use development fees,
adopt the fee of $51 per hour for Code Enforcement and
include a cost recovery fee for the Administrative
Services Department.
K. Consider City Manager Approved Contract: CDBG Literacy
Program. Staff Recommendation: Receive and file the
report.
L. Consider City Manager Approved Contract: CDBG Catholic
Charities Program. Staff Recommendation: Receive and
file the report.
M. Consider Exoneration of Performance Bond for Commercial
Planned Development Permit No. 89 -2 (Ventura Pacific
Capital Group VI) . Staff Recommendation: Authorize the
City Clerk to exonerate the bond.
Minutes of the City Council
Moorpark, California Page 5
November 3, 1993
The following items were pulled from the Consent Calendar for
individual consideration:
D. Consider Notice of Completion of Tierra Rejada Slope
Repair Project. Staff Recommendation: 1) Accept the
work as completed, subject to final approval by the City
Manager of the final quantities; 2) Direct the City Clerk
to file a Notice of Completion subsequent to said
approval of the City Manager; 3) Appropriate $2,256 in
contingency through a transfer from the CIP surplus from
Assessment District AD 84 -2, Zone of Benefit #2; 4)
Authorize the release of the retention upon satisfactory
clearance of the thirty (30) day lien period.
Ms. Adams clarified that the amount of the appropriation
was $1,256.
MOTION: Councilmember Wozniak moved and Councilmember
Montgomery seconded a motion to accept the work as complete
subject to final approval by the City Manager of the final
quantities; direct the City Clerk to file a Notice of
Completion subsequent to said approval of the City Manager;
appropriate $1,256 in contingency through a transfer from the
CIP surplus from Assessment District AD 84 -2, Zone of Benefit
No. 2; authorize the release of the retention upon
satisfactory clearance of the 30 -day lien period. The motion
carried by roll call vote 4 -0, Councilmember Hunter absent for
the vote.
G. Consider Bids for Aerial Photographic Services. Staff
Recommendation: 1) Award a contract to Pacific Western
Aerial Surveys for the subject project, in the amount of
$8,696.37; 2) Approve a ten percent contingency and
authorize the City Manager to approve additional work, if
required, not to exceed said contingency; 3) Authorize
the Mayor to sign necessary contract documents.
In response to Councilmember Wozniak's concern regarding
the cost for the aerial photography, Mr. Gilbert replied
that in addition to using these maps for planning and
public works purposes, they would also be used for
emergency management purposes.
Minutes of the City Council
Moorpark, California Page 6
November 3, 1993
MOTION: Councilmember Wozniak moved and Councilmember
Montgomery seconded a motion to award a contract to Pacific
Western Aerial Surveys for the subject project, in the amount
of $8,696.37; approve a 10% contingency and authorize the City
Manager to approve additional work if required not to exceed
said contingency; authorize the Mayor to sign necessary
contract documents. The motion carried by a voice vote 4 -0,
Councilmember Hunter absent for the vote.
9. PUBLIC HEARINGS:
A. Consider Amending Ordinance No. 137, the Moorpark Zoning
Ordinance, By Revising Sections 8102 -0 and 8107 -1.7
Relative to Second Dwellings. Staff Recommendation:
Adopt an ordinance amending Ordinance No. 137, the
Moorpark Zoning Ordinance, by revising Sections 8102 -0
and 8107 -1.7, introduce the ordinance for first reading,
and waive full reading. (Public Hearing is closed.)
Mr. Aguilera gave the staff report.
Ms. Kane read the ordinance title.
MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion to read the ordinance title only and waive
further reading. The motion carried by voice vote 4 -0,
Councilmember Hunter absent for the vote.
MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion to declare ordinance 183 read for the second
time and adopted as read. The motion carried by voice vote 4-
0, Councilmember Hunter absent for the vote.
10. COMMENTS FROM COUNCIL MEMBERS:
Councilmember Perez congratulated Gary Cabriales for his
successful election to the Moorpark Unified School District
Board of Education.
Councilmember Perez also stated that the letter written by
staff to Caltrans regarding their ( Caltrans') deferment of
landscaping along the new freeway connector was very good and
requested that a copy of the letter be sent to our
legislators.
Minutes of the City Council
Moorpark, California Page 7
November 3, 1993
Councilmember Perez noted that Saturday, November 5th is Clean
Up Day from 8:30 to 2:30 p.m. at Spring and Flinn. He also
reminded the audience that El Gran Apagon is on Sunday from
11:00 a.m. until 4:00 p.m. in the afternoon at Moorpark
College.
Councilmember Perez said he had not yet received a report on
removing the right turn prohibition from the South Metrolink
parking lot.
In response, Mr. Gilbert indicated that this subject will be
discussed at the next Transportation and Street Committee
meeting. He also indicated that the right turn only signs at
High and Spring will be removed.
Councilmember Montgomery said that Ventura County is
considering a smoking ordinance similar to the one in place in
Moorpark. He encouraged citizens to let Supervisor Howard
know they are in support of this ordinance. He also reminded
the audience that open f lames are very dangerous and requested
everyone to exercise extreme caution.
Councilmember Montgomery publicly thanked the public safety
and fire personnel for their efforts in combatting the recent
fires. He noted that the City had donated personnel to that
effort.
Councilmember Montgomery requested that staff stay "on top of"
the asphalt problem relative to the railroad crossing at
Moorpark Avenue and Spring Road and to continue to work on a
raised median on Spring Road south of Los Angeles Avenue.
Councilmember Montgomery reported that the new freeway bridges
in the Virginia Colony area need to be monitored by Caltrans.
He said recently debris had been thrown over the side onto the
streets below and this could be a very dangerous situation.
He said there might be sometliing Caltrans could do like a
security fence.
Councilmember Perez requested that the City send a copy of its
smoking ordinance to the Board of Supervisors.
Minutes of the City Council
Moorpark, California Page 8 November 3, 1993
11. ACTION /DISCUSSION ITEMS:
A. Consider Resolution No. 93 -983 Establishing Parking
Restrictions to Facilitate Street Sweeping. Staff
Recommendation: Staff and the Transportation and Streets
Committee recommend that the City Council adopt
Resolution No. 93 -983 providing for the establishment of
parking restrictions to improve the quality of street
sweeping; approve revised street sweeping schedule as of
November 1, 1993. (Continued Item 11.F. from 10/27/93)
Mr. Gilbert gave the :staff report.
In response to Council questions, Lieutenant Dean
indicated it would take at least an hour per vehicle if
they had to be towed. tie also said it was a citable
offense.
After discussion of sign posting; the following consensus
action occurred:
CONSENSUS: By consensus, the Council determined that other
strategic locations for sign posting, as determined by the
Sheriff's Department, would be allowable on a neighborhood by
neighborhood basis.
Councilmember Perez stressed the importance of an
effective information campaign.
MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion to approve Resolution No. 93 -983
establishing parking restrictions to facilitate street
sweeping, the effective date to be December 6, 1993, with a
60 -day phase -in period after December 6 when cars would not be
towed but it would be left to the Sheriff's Department
discretion whether to issue a warning or a citation for the
violation. The motion carried by voice vote 4 -0,
Councilmember Hunter absent for the vote.
Minutes of the City Council
Moorpark, California Page 9
November 3, 1993
B. Consider Condition No. 79 of Resolution 93 -978
(Industrial Planned Development Permit No. 93 -1 - G & S
Partnership). Staff Recommendation: Direct staff as
deemed appropriate.
Mr. Kueny stated that as of this date, the responsible
parties relative to the surety bond have not responded to
our request for the increased bond amount. He also said
two communications had been received from G &S; one
relative to the recycling issue and one relative to Youth
Employment.
Robert Lumley, 1701 Pacific Avenue, # 170, Oxnard,
representing the applicant, addressed the Council. He
said G &S does not feel they should be responsible to pay
for any of the frontage improvements along Los Angeles
Avenue as a prior applicant was conditioned to do that.
In response to Councilmember Montgomery, Mr. Lumley said
if it was possible for him to provide a figure for the
amount of material they were able to recycle and sell for
a specified period.
Councilmember Montgomery spoke in reference to Condition
No. 79. He asked the applicant if they would be willing
to agree to negotiate should the City not be able to
collect the increased amount on the bond presently in
place. He said G &S would not be obligated to a specific
amount just to agree to negotiate.
Robert Mednick, 8550 Balboa Blvd., addressed the Council
and said in lieu of Condition. No. 79, G &S would agree to
negotiate.
Councilmember Perez asked the applicant about their
commitment regarding the youth employment matter. He
said the letter received by the City relative to that
matter was lacking in commitment.
Mr. Mednick said he would be willing to meet with the
City and talk about and resolve this matter.
Minutes of the City Council
Moorpark, California Page 10
November 3, 1993
MOTION: Councilmember Wozniak moved and Councilmember
Montgomery seconded a motion 1) to instruct the Council Ad Hoc
Committee to meet with the representatives from Mail Marketing
to work out a letter of understanding relative to youth
employment; and 2) to modify Condition No. 79 a) by deleting
paragraphs 1, 3 and 4 with the second paragraph modified to
read as follows: "the applicant at its expense shall dedicate
any right of way along the New Los Angeles Avenue frontage as
well as any permanent and /or temporary easements necessary for
construction of the widening of New Los Angeles Avenue to its
ultimate width "; and b) "upon City's determination of the
shortfall of funds for the construction of improvements along
the frontage of New Los Angeles Avenue resulting from
insufficient surety from Parcel Map 3828, applicant and City
shall enter into negotiations to determine a contribution from
the applicant toward the funding shortfall." The motion
carried by voice vote 4 -0, Councilmember Hunter absent for the
vote.
Mr. Mednick thanked the Council for their cooperation and said
they want to be finished with their building by August of
1994. He said they are looking forward to working with the
City.
C. Consider Appointment of John Whitman as the City Traffic
Engineer. Staff Recommendation: Approve the appointment
of John Whitman as City Traffic Engineer.
Mr. Gilbert gave the staff report, reading a summary of
Mr. Whitman's experience.
MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion to approve the appointment of John Whitman
as the City Traffic Engineer. The motion carried by voice
vote 4 -0, Councilmember Hunter absent for the vote.
D. Consider Bids for the Construction of a Storm Drain and
Street Improvements on Charles Street Between Bard Street
and Spring Road [Charles Street Phase III. Staff
Recommendation: 1) Approve an appropriation of funds and
amendment to the FY 1993 /94 Budget as follows: a) 18 -118-
903 -0259: from $200,000 to $233,125 ($33,125 increase) ;
b) 70 -170- 903 -0259: from $200,000 to $50,000 ($150,000
decrease) ; 2) Recommend that the Moorpark Redevelopment
Agency approve the funding of this project in the amount
of $50,000; 3) Award a contract in the amount of
$209,522.78 to R &H Paving, Inc. for the construction of
the subject project; 4) Approve a ten per cent
Minutes of the City Council
Moorpark, California Page 11
November 3, 1993
contingency for the project and authorize the City
Manager to approve additional work, if required, for an
amount not to exceed ten per cent of the contract; and,
5) Authorize the Mayor to sign necessary contract
documents.
Mr. Gilbert gave the staff report.
Councilmember Wozniak indicated that the plans called for
only one tree to be removed and ten additional trees to
be planted.
Councilmember Perez reminded staff that communication
with the residents needs to occur. He said he wanted to
minimize the inconvenience to the residents.
MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion to 1) approve an appropriation of funds and
amendment to the FY 1993/94 budget as follows: a) 18- 118 -908-
0259: from $200,000 to $233,125 ($33,125 increase) ; b) 70 -170-
903 -0259: from $200,000 to $50,000 ($150,000 decrease) ; 2)
recommend that the Moorpark Redevelopment Agency approve the
funding of this project in the amount of $50,000; 3) award a
contract in the amount of $209,522.78 to R &H Paving, Inc. for
the construction of the subject project; 4) approve a 10%
contingency for the project and authorize the City Manager to
approve additional work, if required, for an amount not to
exceed 10% of the contract, and, 5) authorize the Mayor to
sign necessary contract documents. The motion carried by roll
call vote 4 -0, Councilmember Hunter absent for the vote.
E. Consider Resolution No. 93 -984 Approving and Authorizing
the City Manager to Execute Public Works Cooperation
Agreements by and between the City of Moorpark and the
Moorpark Redevelopment _,Agency Relating to Public
Improvements in the Moorpark Redevelopment Project Area
that Provide Benefit to the Project Area (Construction of
Charles Street Storm Drain and Sidewalk Improvements -
Phase II). Staff Recommendation: Adopt Resolution No.
93 -984 authorizing the City Manager to execute the Public
Works Cooperation Agreement by and between the City of
Moorpark and the Moorpark Redevelopment Agency for
funding in an amount not to exceed $50,000.00.
Mr. Kueny gave the staff report.
Minutes of the City Council
Moorpark, California Page 12 November 3, 1993
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to adopt Resolution No. 93 -984
approving the agreement and authorizing the City Manager to
execute the Public Works Cooperative Agreement by and between
the City of Moorpark and the Moorpark Redevelopment Agency for
funding in the amount not to exceed $50,000. The motion
carried by voice vote 4 -0, Councilmember Hunter absent for the
vote.
AT THIS POINT in the meeting, the Mayor declared a recess
period. The time was 9:03 p.m. The Council reconvened
into Open Session at 9:20 p.m.
F. Consider Approval of a Revised Striping Plan for
Poindexter Avenue; Adoption of Resolution No. 93 -985
Rescinding Resolution No. 91 -784 and Establishing Revised
Parking Restrictions on First Street and Poindexter
Avenue; and Discussion of PERMIT ONLY Parking for
McFadden Avenue and Cornett Avenue. Staff
Recommendation: 1) Approve the restriping of Poindexter
Avenue as described; 2) Adopt Resolution No. 93 -985
rescinding Resolution No. 91 -784 and establishing revised
parking restrictions on First. Street and Poindexter
Avenue; 3) Direct staff as deemed appropriate regarding
the establishment of a PERMIT ONLY Parking program for
McFadden Avenue and Cornett Avenue.
Mr. Gilbert gave the staff report. He said a revised
resolution has been provided to the Council.
Councilmember Wozniak requested staff to look at the
school zone signs and make adjustments to those signs if
necessary. He said after re- striping it is the intent to
do a speed survey. He said that school bus traffic was
an issue that could be brought back to the District.
Mr. Gilbert said the design of the traffic signal is
being reviewed. He said staff is reviewing the need for
right turn on red and possibly red arrows and green
arrows to more efficiently move traffic through the
intersection.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to approve the restriping of
Poindexter Avenue as generally described in Exhibit 4 of the
staff report dated October 25, 1993; to adopt Resolution 93-
985 establishing NO STOPPING ANYTIME zones on First Street and
Poindexter Avenue. The motion carried by voice vote 4 -0,
Councilmember Hunter absent for the vote.
Minutes of the City Council
Moorpark, California Page 13 November 3, 1993
G. Consider Approval of an Agreement with Hidden Creek Ranch
Partners (HCRP) and the Approval of a Professional
Services Agreement with Michael Brandman Associates (MBA)
for Preparation of an Environmental Impact Report (EIR)
and Related Services for the Specific Plan No. 8 Project.
Staff Recommendation: 1. Approve an Agreement with HCRP
for preparation of the EIR and the provision of related
services for the Specific Plan No. 8 project by MBA,
subject to final language approval by the City Manager
and City Attorney, and authorize the City Manager to sign
the Agreement. 2. Approve a Professional Services
Agreement with MBA for preparation of the EIR and the
provision of related services for the Specific Plan No.
8 Project, subject to final language approval by the City
Manager and City Attorney, and authorize the City Manager
to sign the Agreement.
Ms. Traffenstedt gave the staff report. She stated that
the City Attorney's comments have been received and are
primarily editorial.
Gary Austin, 17512 Von Karman Blvd, Irvine, addressed the
Council representing the applicant.
He said they have opted for the City to take full control
of the preparation of the EIR, but he said there are some
technical questions that the City Attorney has raised
which he would like to consult with Messenger's attorney
regarding to see if he has any concerns. He said their
attorney has addressed two particular matters, one being
the third "whereas" in the contract which makes reference
to their application for, a General Plan Amendment. He
said they have determined they are going to submit a
draft Specific Plan that is consistent with the current
General Plan. He said eves: though it will be consistent,
there are housekeeping items that will need to be
attended to and they have agreed with staff to cover the
cost. He reiterated they loare not asking to amend the
General. Plan.
Secondly, Mr. Austin asked that number 9, Miscellaneous
Provisions, a., on page 3 of the draft agreement, have
added to the end of that sentence the following: "unless
approved by the City of Moorpark ". He said MBA will be
developing information that will be beneficial to other
agencies. He said he -,;,juld like MBA to be able to
provide information subject to the approval of the City.
Minutes of the City Council
Moorpark, California Page 14 November 3, 1993
In response to Mayor Lawrason, Mr. Austin said that by
passing through resultant information developed during
the EIR process to Fish & Game, Fish & Wildlife and the
Corp. of Engineers it would insure consistencies with
those agencies and their required permitting processes so
that the project is on a parallel track with the City and
these agencies.
In response to further Council questions, he said we will
pay for what modifications are required in the General
Plan because of the annexation of their property into the
City but we are trying to Have a project consistent with
the General Plan.
In response to Council question, Mr. Aguilera said the
Safety Element of the General Plan has to be updated when
this area is annexed. He said the only way we can update
the General Plan is to call it a General Plan Amendment.
In response to Council question, Mr. Kueny said that in
considering the process which Messenger Investment has
chosen -- having the City hire and administer the EIR
contract -- he can support Mr. Austin's change relative
to MBA's passing through information to the proposed
agencies as long as the City gives written authorization
and as long as it is clear that this means not only MBA
but also subcontractors used by MBA and that none of them
could subsequently be used as a subconsultant by another
consultant to get around this condition.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to approve the staff recommendation to
approve an agreement with HCRP for preparation of the EIR and
the provision of related services for the Specific Plan No. 8
project by MBA, subject to final language approval by the City
Manager and City Attorney, and authorize the City Manager to
sign the Agreement; approve a Professional Services Agreement
with MBA for preparation of the EIR and the provision of
related services for the Specific Plan No. 8 Project, subject
to final language approval by the City Manager and City
Attorney, and authorize the City Manager to sign the
Agreement; both agreements to be amended as suggested by the
City Manager above. The motion carried by voice vote 4 -0,
Councilmember Hunter absent for the vote.
The Council discussed the scope of work for a full study
of the trees and took the following action:
Minutes of the City Council
Moorpark, California Page 15
November 3, 1993
CONSENSUS: By consensus, the Council determined to direct
staff to come up with a more definitive scope of work relative
to the study of trees in consultation with Messenger
Investment and to return with an agenda item in two to four
weeks with a report.
H. Consider a Report Regarding the Installation of the
Downtown Street Lights. Staff Recommendation: 1) Concur
with recommendations 1 -8 made by the Public Works,
Facilities and Solid Waste Committee; 2) That the Council
support the idea of an Edison owned system. If the
Council concurs, the following actions should be
authorized: a) Authorize staff to begin working with
Edison to design the electrical system and ask Edison to
complete the electrical plan by January 1994; b) Direct
staff to procure from Edison the flat rate fee per foot
for construction and installation; staff shall present
this information to the Council /Redevelopment Agency for
their decision as tc whether the City /Agency should
contract with Edison or pursue a competitive bid process.
Ms. Mallory- Phipps gave the staff- report.
Joy Cummings, 650 Bard Street, spoke representing the
Downtown Merchants Association and stated that the
downtown merchants had recommended the acorn globe and
that they were very excited about having the street
lights put in place. She said she was concerned with the
construction period when the streets would be torn up.
She requested that the Council try to minimize the impact
of that on the merchants by completing the project
quickly.
MOTION: Councilmember Perez r,ioved and Councilmember Wozniak
seconded a motion to approve the staff recommendation to
concur with recommendations 1 through 8 made by the Public
Works, Facilities and Solid Waste Committee as reported in the
staff report dated October 29, 1993; to support an Edison -
owned system and authorize staff to begin working with Edison
to design the electrical syster, and to ask Edison to complete
the electrical plan by January, 1.993; and to direct staff to
procure from Edison the flat rate fee per foot for
construction and installation; staff to present this
information to the Council /Redevelopment Agency for their
decision as to whether the City /Agency should contract with
Edison or pursue a competitive bid process. The motion
carried by voice vote 4 -0, Counc i_ lmember Hunter absent for the
vote.
Minutes of the City Council
Moorpark, California Page 16
November 3, 1993
I. Consider Acceptance of $6,000 Grant From the Achille Levy
Foundation for Three Summer of 1994 Band Concerts. Staff
Recommendation: Authorize the Mayor to sign a letter
accepting the grant from the Achille Levy Foundation for
the amount of $6,000, to be used for implementing three
(3) summer concerts during the summer of 1994.
Ms. Adams gave the staff report.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to direct the Mayor to sign a letter
accepting the grant from the Achille Levy Foundation for the
amount of $6,000 to be used for implementing three summer
concerts during the summer of 1994. The motion carried by
voice vote 4 -0, Councilmember Hunter absent for the vote.
J. Consider Adopting Park Naming Policy. Staff
Recommendation: Adopt draft City Park Naming Policy as
recommended by the Parks and Recreation Commission.
Ms. Adams gave the staff report.
After Council discussion, it was determined to amend
number 2 of the City Park Naming Policy to read as
follows:
City parks may be named in a manner which
identifies the geographic location of each
park. Whenever possible the name of a street
or the street upon which the park is located
or the geographic or the neighborhood area,
may be part of the park name. In special
circumstances, park names could be designated
to recognize a national or historical event or
a Moorpark resident who has made significant
contributions to the City.
Mayor Lawrason indicated his belief that a policy was not
needed.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to approve the Park Naming Policy as
presented in the staff report dated October 22, 1993 with the
revision to number 2 as indicated above. The motion carried
by voice vote 3 -1, Mayor Lawrason dissenting and Councilmember
Hunter absent for the vote.
Minutes of the City Council
Moorpark, California Page 17
November 3, 1993
K. Consider Parks and Recreation Commission Recommended Park
Names for Three Park Sites in the Mountain Meadows Area.
Staff Recommendation: Direct staff as deemed
appropriate.
Ms. Adams gave the staff report.
Mayor Lawrason indicated that he wasn't in favor of
changing the names of the parks.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to change the name of North Meadows
Park to Mountain Meadows Park and South Meadows Park to Tierra
Rejada Park and to continue for two weeks a decision on
renaming West Meadows Park. The motion carried by voice vote
3 -1, Mayor Lawrason dissenting and Councilmember Hunter absent
for the vote.
L. Consider Approval of the City's Legislative Program for
1994. Staff Recommendation: Approve the Legislative
Program for 1994.
Ms. Lindley gave the staff report.
Mayor Lawrason said this was an excellent first cut at
the subject.
Councilmember Perez said we need to do a better job of
tracking the legislation as Ms. Lindley has described.
Councilmember Montgomery objected to authorizing the
Mayor's signing of letters in favor or opposition to
legislation without consultation with the City Council.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to continue this matter to the City
Council meeting of November 17, 1993. The motion carried by
voice vote 4 -0, Councilmember Eiunter absent for the vote.
Minutes of the City Council
Moorpark, California Page 18
12. ORDINANCES:
November 3, 1993
A. Consider Second Reading_ of Ordinance No. 181 - An
Ordinance of the City of Moorpark for the Control and
Abatement of Graffiti.
Ms. Kane said since the ordinance was read in its
entirety for first reading it was not necessary to vote
on nor read the ordinance in its entirety at its second
reading. Ms. Kane read the ordinance title.
MOTION: Councilmember Wozniak moved and Councilmember Perez
seconded a motion to adopt Ordinance 181. The motion carried
by voice vote 3 -1, Councilmember Montgomery dissenting and
Councilmember Hunter absent for the vote.
B. Consider Second Reading _of Ordinance No. 182 - An
Ordinance of the City of Moorpark Enacting a Cat
Licensing Program.
Ms. Kane read the ordinance title.
MOTION: Councilmember Montgomery moved and Councilmember
Wozniak seconded a motion to read the ordinance title only and
waive further reading. The motion carried by voice vote 4 -0,
Councilmember Hunter absent for the vote.
MOTION: Councilmember Montgomery moved and Councilmember
Wozniak seconded a motion to adopt Ordinance 182 as read. The
motion carried by a voice vote 4 -0, Councilmember Hunter
absent for the vote.
13. FUTURE AGENDA ITEMS:
Councilmember Perez requested a letter be sent to the
Community College Board supporting the Field Hockey Project
and requested the matter be agendized for the meeting of
November 17.
Mr. Kueny requested that the Council reconsider their action
relative to Item 11.B. as the motion has been typed and can
now be read by the Council for their confirmation.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to reconsider Item 11.B. The motion
carried by voice vote 4 -0, Councilmember Hunter absent for the
vote.
Minutes of the City Council
Moorpark, California Page 19
November 3, 1993
The City Clerk read the motion.
CONSENSUS: By consensus, the Council confirmed the motion as
read by the City Clerk.
14. CLOSED SESSION:
No Closed Session was held.
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. Negotiations for Real Property at 280 Casey Road
(Moorpark Unified School District) pursuant to Government
Code Section 54956.8.
F. Litigation concerning Moorpark vs. CalTrans (Case No.
123655).
G. Litigation concerning City of Moorpark vs. Downs.
H. Negotiations for Real Property at 675 Moorpark Avenue
(Moss) and 661 Moorpark Avenue (Aikens) pursuant to
Government Code Section 54956.8.
I. Negotiations for Real Property on the North Side of Los
Angeles Avenue and South Side of Poindexter Avenue
contiguous to Mission Bell Plaza (Ken MacLeod).
J. Negotiations for Real Property at 18 High Street (Abbott
& Associates, Moorpark Chamber of Commerce, Moorpark
Melodrama) pursuant to Government Code Section 54956.8.
Minutes of the City Council
Moorpark, California Page 20 November 3, 1993
15. ADJOURNMENT:
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to adjourn the meeting. The motion
carried by voice vote 4-0, Councilmember Hunter absent for the
vote.
The time was 10:55 p.m.
r
Paul W. Lawrason Jr., ayor