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HomeMy WebLinkAboutMIN 1993 1215 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California December 15, 1993 A Regular Meeting of the City Council of the City of Moorpark was held on December 15, 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 7:10 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was sung by the Flory School Chorale. 3. ROLL CALL: Councilmembers Hunter, Montgomery, Perez, Wozniak and Mayor Lawrason. Steven Kueny, City Manager; Cheryl Kane, City Attorney; Lieutenant Dean, Sheriff's Department; Jim Aguilera, Director of Community Development; Ken Gilbert, Public Works Director; Chris Adams, Director of Community Services; Mary Lindley, Assistant to the City Manager; Dirk Lovette, Assistant City Engineer; Charles Abbott, City Engineer; Lillian Hare, City Clerk; and Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Choral presentation by the Flory School Chorale. Christmas music was performed by the Flory School Chorale. B. Introduction of Art "A.J." Alldredge, Code Enforcement Officer. Mr. Alldredge was introduced by Mayor Lawrason. C. Awards of Appreciation for Community Volunteers - Larry Jones, Bill McMahan, Mildred Davis, Irene Cameron. Mayor Lawrason presented awards of appreciation to Larry Jones, Bill McMahan, Mildred Davis, and Irene Cameron. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. Minutes of the City Council Moorpark, California Page 2 December 15, 1993 6. PUBLIC COMMENT: Madeline Kucinskas, 15750 Los Angeles Avenue, represented the Moorpark Active Seniors. She presented a check to Mayor Lawrason for $1,000 to the City to support the senior survival mobile. Kathy Marrujo- Thurman, 625 No. A Street, Oxnard, introduced herself as the coordinator for Moorpark Project Pride. Sandy Brown, 484 -108 E. Los Angeles Avenue, presented the Moorpark Business Directory to Councilmembers and City staff. Connie Lawrason, 4291 Ambermeadow Street, gave the CTAC /SSTAC report for 12/14/93 meeting. Gerald Goldstein, 11932 Los Angeles Avenue, spoke regarding the acquisition of property for the park. Bill Poleri, 6863 Trojan Court, spoke as Secretary /Treasurer of the Moorpark Arts Committee and said they accept the assignment to design a City Flag for Council approval. He also requested that Item 8.J. be checked out. Mayor Lawrason requested Councilmember Montgomery to make the following announcement. Councilmember Montgomery indicated that the Council had taken action in the Special Joint City Council /Redevelopment meeting held this evening to appropriate funds for the purchase of approximately 29.5 acres of property from the Mcleod family spanning the area from Los Angeles Avenue to Poindexter Avenue and adjacent to the Kmart complex. The purchase price is to be $5.5 million dollars. Plans for the property include commercial development of the 14 acres immediately adjacent to the Kmart center with the remainder of the property being divided into affordable income housing on the westerly portion and on the easterly 8 acres, a downtown neighborhood park. The park portion will cost $500,000, some $700,000 less than the asking price for the Casey Road site. 7. COMMITTEE REPORTS: Councilmember Montgomery reported on the last Ventura County Waste Commission and East Valley Waste Task Force meetings. Minutes of the City Council Moorpark, California Page 8. CONSENT CALENDAR (Roll Call Vote): December 15, 1993 MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to pull items 8.A., the Regular and Special Minutes of December 1, 1993 and 8.G. and to adopt the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of the Special City Council Meeting of November 17, 1993. Staff Recommendation: Approve the minutes as processed. B. Consider Approval of the Warrant Register. Manual Warrants 21927 - 21935 $ 17,079.58 Voided Warrants 21572 $ (45.00) Regular Warrants 21942 - 22027 $ 347,876.25 Staff Recommendation: Approve the Warrant Register. C. Consider Exoneration of Monument Bond Tract No. 4081 (Colmer Development Co.). Staff Recommendation: Authorize the City Clerk to exonerate Surety Bond Number 988072S of Developers Insurance Company, in the amount of $13,000, for monumentation of Tract No. 4081. D. Consider Resolution No. 93 -989 Designating Certain Streets as Class II Bike Lanes. Staff Recommendation: Adopt Resolution No. 93 -989 designating certain streets as Class II Bike Lanes. E. Consider Report Evaluatinq_th_e Possible Realianment of Virginia Colony Place. Staff Recommendation: 1) Approve the present alignment of Virginia Colony Place; 2) Direct staff to develop a project for parkway improvements at the southwest corner of Virginia Colony Place and Condor Drive; 3) Direct staff to include this project in the FY 1994/95 Budget for AD 84 -2 funding; and, 4) Direct staff to develop a new Zone of Benefit for AD 84 -2, to include the properties within the Condor Drive Industrial Center, to fund these improvements and the maintenance of same. Minutes of the City Council Moorpark, California Page 4 December 15, 1993 F. Consider Authorizing Recordation of Notice of Completion for Arroyo Vista Community Park Entry Sidewalk. Staff Recommendation: 1) Accept the work as substantially completed; 2) Authorize the City Clerk to file the Notice of Completion; and, 3) Authorize the release of the retention upon acceptance of the work as complete by the City Manager and clearance of the thirty -five (35) day lien period. H. Consider Authorization to Advertise for Receipt of Bids for the Construction of Pavement and Drainage Improvements to Lassen Avenue at the South End of Cornett and McFadden. Staff Recommendation: Approve the design for the proposed improvements and authorize staff to advertise for receipt of informal bids and award City Manager approved contract. I. Consider Approval of a 2.8% CPI_ Adjustment and an Amendment to the FY 1993194 Budget for Street Sweeping Services. Staff Recommendation: Approve a 2.8% CPI increase retroactive to July 1, 1993 and an appropriation from the Gas Tax Fund and approve an increase in the budget (03- 142 -642) for street sweeping in the amount of $2,000.00. J. Consider Resolution No. 93 -990 for the Purpose of Updating Solid Waste Management Fees and Services, Rescinding Resolution Nos. 92 -904 and 93 -913. Staff Recommendation: Adopt Resolution 93 -990 for the purpose of updating solid waste management fees and services and rescinding Resolution No. 92 -904 and 93 -913. K. Consider Revision to Tree Studv Requirements in Scope of Work for Preparation of an Environmental Impact Report (EIR) for the Specific Plan No. 8 Project (Hidden Creek Ranch ) . Staff Recommendation: Approve the revised scope of work for the tree study, and authorize the City Manager to approve an amendment to the Michael Brandman Associates Professional Services Agreement, Exhibit A - Scope of Work for Specific Plan No. 8 EIR, pertaining to tree study work and price proposal. L. City Manager Approved Contract: CDBG Senior Nutrition. Staff Recommendation: Receive and file the report. M. City Manager Approved Contract: CDBG Channel Counties Legal Services Association. Staff Recommendation: Receive and file the report. Minutes of the City Council Moorpark, California Page 5 December 15, 1993 N. City Manager Approved Contract: VCE - Preparation of a Survey and Design for Extending the Ball Diamond at Campus Canyon Park. Staff Recommendation: Receive and file the report. O. City Manager Approved Contract: L.A.P. More Construction - Installation of Metal Framed Window at City Hall. Staff Recommendation: Receive and file the report. P. Consider Annual Report and Financial Statement from El Concilio for Moorpark Project Pride. Staff Recommendation: Receive and file the report. Q. Consider Installing Fence, Shrubs and Replacement Swings at Virginia Colony Park. Staff Recommendation: Approve use of $1,870.00 from the budgeted capital improvement for Virginia Colony Park, for fencing and shrubs, and replacement swings. R. Consider Adjustment to the Approved Ouantities of Work Performed in Constructing the 1993 Slurry Seal Project. Staff Recommendation: That the City Council approve an adjustment to the previously approved quantities for the 1993 Slurry Seal project by increasing the tonnage of Type I Slurry Seal from 1,916 to 2,054. S. Consider Request for Amicus Signatures on Amicus Briefs (Thorn vs. City of Glendale and Milgrom vs. City of Glendale) . Staff Recommendation: Authorize City to join in amicus brief. T. Consider the Change in the Date of the Planning Commission Meetings. Staff Recommendation: Receive and file the report. The following items were pulled from the Consent Calendar for individual consideration: Consider Approval of Minutes of the Special City Council Meeting of December 1, 1993. Consider Approval of Minutes of the Regular City Council Meeting of December 1, 1993. Councilmember Wozniak indicated he had not been present for the meetings of December 1, 1993 and so would abstain from voting on the minutes. Minutes of the City Council Moorpark, California Page 6 December 15, 1993 MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve the December 1, Special and Regular City Council Meeting minutes. The motion carried by unanimous voice vote. G. Consider Authorizing Recordation of Notice of Completion for Arroyo Vista Community Park Landscaping Improvements. Staff Recommendation: 1) Accept the work as substantially completed; 2) Authorize the City Clerk to file the Notice of Completion; and, 3) Authorize the release of the retention upon acceptance of the work as complete by the City Manager and clearance of the thirty -five (35) day lien period. Councilmember Wozniak expressed concern with the grass at the Arroyo vista Community Park. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to approve the staff recommendation to 1) Accept the work as substantially completed; 2) Authorize the City Clerk to file the Notice of Completion; and, 3) Authorize the release of the retention upon acceptance of the work as complete by the City Manager and clearance of the thirty -five (35) day lien period; and to direct staff to work with the landscaper relative to the patches of grass which are not growing. The motion carried by unanimous voice vote. 9. PUBLIC•HEARINGS: None. 10. COMMENTS FROM COUNCIL MEMBERS: Mayor Lawrason announced that the open portion of the meeting will be ended by 10:00 p.m. to adjourn to closed session. Councilmember Perez thanked those participating in the United Way campaign and wished the community a Merry Christmas. Councilmember Montgomery wished the community a Merry Christmas. Minutes of the City Council Moorpark, California Page 7 December 15, 1993 11. ACTION /DISCUSSION ITEMS: A. Consider Request to Release Cash Bond for PM 3408 (Holmes). Staff Recommendation: Approve a refund of that portion of the Cash Bond equal to the difference between the total Cash Bond and the amount owed by the developer for engineering expenses exceeding the fee deposit. (Continued from 12/1/93) Mr. Lovett gave the staff report. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the staff report to approve a refund of $11,242.72. The motion carried by unanimous voice vote. B. Consider Library Services Agency (LSA) Moorpark Branch Budget and Expansion of Service Hours. Staff Recommendation: The Committee and staff request authority to explore the restructuring of LSA's financing with the county and the feasibility of a city contract to operate the branch library. (Continued Item 11.I. from 12/1/93) Mr. Kueny said that in further discussions with Supervisor Howard the City was being urged not to use Redevelopment funds to pay for expansion of library hours. He said the City's offer of early repayment of $14,000 of Redevelopment tax increment to the County to fund expanded hours was not on the Board of Supervisors' agenda until next Tuesday.. Mayor Lawrason expressed his desire to move forward in funding the increased library hours from the General Fund. Councilmember Montgomery expressed disagreement. He said the money to expand library hours should be sent immediately but Redevelopment Agency funds should be used. Councilmember Wozniak said it doesn't make sense to expand the library facilities when it is not going to be open normal hours of operation. He said he felt the offer of Redevelopment money to the County was the best "way to go ". Councilmember Hunter said he was prepared to vote to use General Fund monies for the expansion of library hours. Minutes of the City Council Moorpark, California Page 8 December 151 1993 MOTION: Councilmember Hunter moved and Mayor Lawrason seconded a motion to appropriate $14,670 from the General Fund Reserve for expansion of the hours of operation for the Moorpark Library for the period January 1 through the end of the fiscal year; to authorize the Budget and Finance Committee to negotiate with the Board of Supervisors regarding a long term solution for funding the Library. AMENDMENT TO THE MOTION: Councilmember Hunter moved and Mayor Lawrason seconded an amendment to the motion to agendize for a future Redevelopment Agency meeting consideration for reimbursing the City for funding the expanded hours at the Library. The amendment carried by unanimous roll call vote. VOTE ON THE MAIN MOTION: The motion carried by roll call vote 3 -2, Councilmember Montgomery and Wozniak dissenting. Mr. Kueny said the City should pay by monthly invoice as it does for other County services. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to direct staff to pay the County on a monthly basis. The motion carried by voice vote 4 -1, Mayor Lawrason dissenting. C. Consider Approval of a Project to Construct a Property Wall on the North Side of Los Angeles Avenue west of Shasta Avenue (Lopezj. Staff & Committee Recommendation: 1) Approve the Shasta Wall Project as described in the staff report; 2) Approve an appropriation of funds from the Los Angeles Avenue Area of Contribution Fund, and amend the FY 1993/94 budget by adding the project for an amount of $12,000; 3) Direct staff to proceed with the engineering work required to prepare the project design and easement deeds; and, 4) Direct staff to present the required easement deed(s) to the City Council for acceptance upon the receipt of executed documents; 5) Upon completion of the design and receipt of the Caltrans Encroachment Permit, authorize staff to add this work to a contract for like work or advertise said project for receipt of bids. Mr. Gilbert gave the staff report. Minutes of the City Council Moorpark, California Page 9 December 15, 1993 MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to approve the staff recommendation to 1) Approve the Shasta Wall Project as described in the staff report; 2) Approve an appropriation of funds from the Los Angeles Avenue Area of Contribution Fund, and amend the FY 1993/94 budget by adding the project for an amount of $12,000; 3) Direct staff to proceed with the engineering work required to prepare the project design and easement deeds; and, 4) Direct staff to present the required easement deed(s) to the City Council for acceptance upon the receipt of executed documents; 5) Upon completion of the design and receipt of the Caltrans Encroachment Permit, authorize staff to add this work to a contract for like work or advertise said project for receipt of bids. The motion carried by unanimous roll call vote. D. Consider Authorization to Proceed with a Project for the Rehabilitation of the Spring Road Bridge. Staff Recommendation: 1) Approve the Spring Road Bridge rehabilitation project; 2) Authorize staff to solicit professional service required to develop the geotechnical, hydrological and civil engineering data required and to prepare a preliminary design for this project; 3) Authorize staff to proceed with the preparation of an environmental document for this project. Mr. Gilbert gave the staff report. Councilmember Wozniak said it is important that staff work closely with the Flood Control District so that the design is compatible with future channel widening. Councilmember Perez said that he would like to see the regulations presented to Council when a limitation existed such as the one in this case which allowed grant funds to be used for rehabilitation and not for replacement of the bridge. MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to approve the staff recommendation 1) Approve the Spring Road Bridge rehabilitation project as described in the staff report; 2) Authorize staff to solicit professional service required to develop the geotechnical, hydrological and civil engineering data required and to prepare a preliminary design for this project; 3) Authorize staff to proceed with the preparation of an environmental document for this project. The notion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 10 December 15, 1993 E. Consider Support for the League of California Cities' Proposed Dues Increase. Staff Recommendation: That the City Council direct the Mayor to write a letter to the League expressing its support for the proposed 3% increase in annual dues. Ms. Lindley gave the staff report. MOTION: Mayor Lawrason moved and Councilmember Wozniak seconded a motion to direct the Mayor to write a letter to the League expressing support for the proposed 3% increase in annual dues. The motion carried by unanimous voice vote. F. Consider Approval of the City's Participation in the Ventura Intercity Service Transit Authority (VISTA) and Authorize the Mayor to Sign the Cooperative Agreement for a Two -Year Demonstration Program. Staff Recommendation: 1) Approve the City's participation in the two -year Ventura Intercity Service Transit Authority (VISTA) demonstration project subject to final language approval of the City Manager and City Attorney, and 2) Authorize the Mayor to sign the VISTA Cooperative Agreement. Ms. Lindley gave the staff report. MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to approve the City's participation in the two -year Ventura Intercity Service Transit Authority (VISTA) demonstration project subject to final language approval of the City Manager and City Attorney, and 2) Authorize the Mayor to sign the VISTA Cooperative Agreement. The motion carried by unanimous voice vote. G. Consider Resolution No. 93 -991 Instructing the Planning Commission to Consider Revisions to the Noise Element of the City's General Plan, Approve the Scope of Work and Approve the Contract with Mestre Greve Associates to Perform Work Related to Updating of the Noise Element. Staff Recommendation: 1) Approve the Scope of Work as described in the staff report; 2) Authorize the City Manager to sign the Contract for Service with Mestre Greve Associates; 3) Adopt Resolution No. 93 -991 directing the Planning Commission to review the Noise Element within a reasonable time, conduct a public hearing, and provide the City Council with a recommended action. Mr. Aguilera gave the staff report. Minutes of the City Council Moorpark, California Page 11 December 15, 1993 MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to approve the staff recommendation to 1) Approve the Scope of Work as described in the staff report; 2) Authorize the City Manager to sign the Contract for Service with Mestre Greve Associates; 3) Adopt Resolution No. 93 -991 directing the Planning Commission to review the Noise Element within a reasonable time, conduct a public hearing, and provide the City Council with a recommended action. The motion carried by unanimous voice vote. H. Consider Resolution No. 93 -992 Instructing the Planning Commission to Consider Proposed Revisions to the Open Space, Conservation and Recreation (OSCAR) Element of the City's General Plan. Staff Recommendation: Adopt Resolution No. 93 -992 directing the Planning Commission to review the OSCAR Element within a reasonable time, conduct a public hearing, and provide the City Council with a recommended action.. Mr. Aguilera gave the staff report. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to approve the staff recommendation to adopt Resolution No. 93 -992 directing the Planning Commission to review the OSCAR Element within a reasonable time, conduct a public hearing, and provide the City Council with a recommended action. The motion carried by unanimous voice vote. I. Consider New Name for West Meadows Park. Staff Recommendation: Direct staff as deemed appropriate. Ms. Adams gave the staff report. Councilmember Hunter said he had no objection to either name suggested by staff -- Timberidge Park or Country Trail Park -- but would like the Council to consider a citywide contest to name the park. He asked staff how the Arroyo Vista Community Park had been named. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to approve the name of Country Trail Park. The motion carried by roll call vote 3 -2, Councilmembers Hunter and Mayor Lawrason dissenting. Minutes of the City Council Moorpark, California Page 12 December 15, 1993 12. ORDINANCES: A. Consider Ordinance No. 185 - Amending Chapter 1.12, Enforcement and Penalties, of Title 1 of the Moorpark Municipal Code for Second Reading and Adoption. Ms. Kane read the ordinance title. MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to read the ordinance title only and waive further reading. The motion carried by unanimous voice vote. MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to declare Ordinance No. 185 read for the second time and adopted as read. The motion carried by voice vote 4 -1, Councilmember Montgomery dissenting. B. Consider Ordinance No. 186 - Revision to Ordinance No. 173 No Smoking Ordinance, To Allow Greater Flexibility for Posting of "No Smoking " Signs for Second Reading and Adoption. Ms. Kane read the ordinance title. MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to read the ordinance title only and waive further reading. The motion carried by unanimous voice vote. MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to declare Ordinance No. 186 read for the second time and adopted as read. The motion carried by unanimous voice vote. C. Consider Revisions to the City's Zoning Ordinance - City of Moorpark - Staff Recommendation: Introduce the ordinance for first reading. Ms. Kane noted a revision that should be made to the ordinance. CONSENSUS: By consensus, the Council determined to continue this matter to the meeting of January 5, 1994. 13. FUTURE AGENDA ITEMS: Councilmember Montgomery asked when the Graffiti Ordinance became effective. In response to Councilmember Montgomery, Mr. Kueny said December 3. Minutes of the City Council Moorpark, California Page 13 December 15, 1993 Councilmember Montgomery said he didn't feel the ordinance was being enforced. He said he felt a staff member should drop by and show the merchants what needs to be done to comply with the ordinance. Mayor Lawrason suggested that a copy of the ordinance be hand delivered to the merchants. 14. CLOSED SESSION: MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adjourn to Closed Session for a discussion of all items on the agenda: A. Personnel. B. Potential litigation pursuant to Government Code Section 54956.9 (b) (1) . C. Potential litigation pursuant to Government Code Section 54956.9(c). D. Negotiations for Real Property at 280 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54956.8. E. Litigation concerning Moorpark vs. CalTrans (Case No. 123655) . F. Negotiations for Real Property at 675 Moorpark Avenue (Moss) and 661 Moorpark Avenue (Aikens) pursuant to Government Code Section 54956.8. G. 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). H. Negotiations for Real Property at 18 High Street (Abbott & Associates, Moorpark Chamber of Commerce, Moorpark Melodrama) pursuant to Government Code Section 54956.8. I. Litigation concerning Conejo Freeway Properties, LTD. vs. City of Moorpark. The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 9:35 p.m. Minutes of the City Council Moorpark, California Page 14 December 15, 1993 The Council reconvened into Closed Session at 9:58 p.m. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Ken Gilbert, Director of Public Works; and Cheryl Kane, City Attorney. Mr. Gilbert left the Closed Session at 10:14 p.m. The Council reconvened into Open Session at 10:48 p.m. Mr. Kueny stated that only items 14.C. and 14.E. had been discussed and there was no action to report. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve: 1. Cooperative Agreement, and 2. Cooperative Exchange Agreement with CalTrans; and 3. Agreement with C.T. Financial all pertaining to the proposed Caltrans Maintenance Station; agreements to be subject to final language approval of the City Attorney and City Manager; the Mayor authorized to sign these agreements on behalf of the City; Ron Tankersley designated as the City's agent to approach Mr. Borick concerning acquisition of property as an alternative site for the Caltrans Maintenance Station; an amount of $612,000 approved to be appropriated from the General Fund Reserve to 01.4.142.901 for a Purchase Agreement which will be subject to final language approval of the City Attorney and City Manager and which the Mayor is authorized to sign on behalf of the City. The motion carried by unanimous roll call vote. 15. ADJOURNMENT: Mayor Lawrason adjourned the meeting. The time was 10:49 p.m. 4ti, Paul W. Lawrason Jr.,. ayor ATTEST: t" Lillian E. Hare, City Cle '