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HomeMy WebLinkAboutMIN 1993 1201 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California December 1, 1993 A Regular Meeting of the City Council of the City of Moorpark was held on December 1, 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 7:21 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Montgomery led the Pledge of Allegiance 3. ROLL CALL: Councilmembers Hunter, Montgomery, Perez, and Mayor Lawrason. Absent: Councilmember Wozniak 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 Oberander, City Engineer's Office; 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 Senior Citizen Chorus. The Senior Citizen Chorus directed by Chris Adams made a choral presentation., B. Recognition of Academic Decathlon Winners of Moorpark High School. The following students were honored as Academic Decathlon Winners and presented certificates of recognition: Jonathan Buston, Bryan Gauger, Jason Gray, Katie Krzyzewski, Jennifer Malella, Nimesh Narayan, Minerva Partida, Lisa Reid, Jordan Sickman, Beth Wershba, and Krista Wippf. Their coach, Larry Jones, introduced them. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. Minutes of the City Council Moorpark, California Page 2 December 1, 1993 6. PUBLIC COMMENT: Connie Lawrason, 4291 Ambermeadow Street, gave the CTAC /SSTAC report. She said SB821 fund requests are due by March 7th at 3:00 p.m. at the VCTC office. 7. COMMITTEE REPORTS: Councilmember Montgomery indicated that the Council would receive a report in their boxes of the last Waste Commission meeting. 8. CONSENT CALENDAR (Roll Call Vote): MOTION: Councilmember Hunter moved and Councilmember Perez seconded a motion to pull items 8.E. and 8.K. and to adopt the balance of the Consent Calendar. The motion carried by roll call vote 4 -0, Councilmember Wozniak absent for the vote. A. Consider Approval of the Warrant Register. Manual Warrants 21728 - 217301 21839 - 21846 $ 5,896.39 Voided Warrants 21525, 21826 & 21829 $ (937.38) Regular Warrants 21847 - 21926 $115,683.57 Staff Recommendation: Approve the Warrant Register. B. Consider City Manager Approved Contract with E.J. Harrison & Sons for Temporary Non - Exclusive Collection, Transportation, Recycling and Disposal of Solid Waste. Staff Recommendation: Receive and file the report. C. Consider City Manager Approved Contract with Conejo Enterprises, Inc. for Temporary Non - Exclusive Collection Transportation, Recycling and Disposal of Solid Waste. Staff Recommendation: Receive and file the report. D. Consider City Manager Approved Contract with Sea /Sue Inc., Anderson Rubbish for Temporary Non - Exclusive Collection, Transportation, Recycling and Disposal of Solid Waste. Staff Recommendation: Receive and file the report. ` Minutes of the City Council Moorpark, California Page 3 December 1, 1993 F. Consider Selection of a Landscape Architect to Prepare a Design for the Construction of Parkway and Median Landscape Improvements on Princeton Avenue and Campus Park Drive. Staff Recommendation: 1) Approve the selection of Landscapes, Inc. to prepare a design for landscaping improvements on Princeton Avenue and Campus Park Drive, described in the staff report, for a Not to Exceed amount of $7,0 ©0; 2) Authorize the City Manager to negotiate a scope of work and fee for the preparation of a design for landscaping improvements to the parkways on Peach Hill Road, described in the staff report, provided said fee does not exceed $2,500 plus $500 for reimbursable expenses; 3) Approve an Agreement between the City and said firm for said services, to be in the form of the City's standard professional services agreement; 4) Authorize the Mayor to execute said Agreement. G. Consider Approval of the Conceptual Design for Improvements to Walnut Street between High Street and Charles Street. Staff Recommendation: Staff and the Public Works, Facilities and Solid Waste Committee recommend that the City Council approve the conceptual design for Walnut Street as described in the staff report. H. Consider Exoneration of Bonds for Tract 4095 - Moorpark Condominiums (Rufner). Staff Recommendation: Authorize the City Clerk to exonerate the bonds listed in the staff report. t I. Consider Resolution No. 93 -988 Rescinding Resolution No. 93 -978 Approving Industrial Planned Development Permit No. 93 -1 and Lot Line Adjustment No. 93 -8- G & S Partnership. Staff Recommendation: Adopt Resolution 93- 988. J. Consider Annual Report from Senior Center Advisory Committee. Staff Recommendation: Receive and file the report. L. Consider _Authorizing_ Recordation of the Notice of Completion for the Sherman Wall. Staff Recommendation: 1) Accept the work as complete, 2) Instruct the City Clerk to file the Notice of Completion, 3) Authorize the release of the retention upon release of outstanding STOP NOTICES and clearance of the thirty -five day lien period. Minutes of the City Council Moorpark, California Page 4 December 1, 1993 M. Consider Exoneration of Bond for PM 3930 (Davalos). Staff Recommendation: Authorize the City Clerk to exonerate the subject bond. The following items were pulled from the Consent Calendar for individual consideration: E. Consider Waste Management's Request to Close the Simi Valley Landfill on Sundays. Staff Recommendation: Support Waste Management's request for Sunday closure at the Simi Valley Landfill. Councilmember Perez said he would support the staff recommendation with the addition that adequate notice be given to the public regarding the Sunday closure. MOTION: Councilmember . Perez moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to support Waste Management's request for Sunday closure at the Simi Valley Landfill; adequate notice to be given to the public regarding the Sunday closure. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. K. Consider Appropriation of Funds for a City Flag. Staff Recommendation: Approve an appropriation of $1,600 from the General Fund Reserve to line item 01.4.117.629 for creation of a City flag. Ms. Hare gave the staff report. Councilmember Montgomery suggested assigning the Arts Committee to bring one or more ideas forward to the Council for consideration. Councilmember Perez indicated his support for referring this to the Arts Committee. MOTION: Councilmember Peres moved and Councilmember Montgomery seconded a motion to request the Arts Committee to bring one or more ideas forward to the Council. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. 9. PUBLIC HEARINGS: None. Minutes of the City Council Moorpark, California Page 5 10. COMMENTS FROM COUNCIL MEMBERS: December 1, 1993 Councilmember Perez reminded the audience about the Christmas Tree Lighting Ceremony at 7:00 p.m. on December 10th. Councilmember Hunter congratulated the Moorpark High School Football Team once again for their victories. A. Appoint Senior Center Advisory Committee Members and Assign Terms of Office. After requesting Council input of which there was none, Mayor Lawrason nominated Lois Brusven to the Senior Center Advisory Committee. MOTION: Mayor Lawrason moved and Councilmember Perez seconded a motion to appoint Lois Brusven to the Senior Center Advisory Committee. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. 11. ACTION /DISCUSSION ITEMS: A. Consider Apbroval of the City's Legislative Program for 1994. Staff Recommendation: Approve the Legislative Program for 1994. (Continued Item 11.L. from 11/3/93; Continued Item 11.B. from 11/17/93) In response to Councilmember Montgomery, Mr. Kueny suggested that the Council postpone approving a legislative program for this year and allow staff to come back next December with a program that has been thoroughly reviewed by the Council. Councilmember Hunter requested that the legislative platform statement under public safety be expanded to include "driving under the influence ". Councilmember Perez said he wants to see the City playing an active role in issues. He also requested that "County" be added to Federal and State participation in the first bullet under Housing of the platform statements. CONSENSUS: By consensus, the Council determined to make the changes to the platform statements in the legislative program and to postpone approval of the program for one year. Minutes of the City Council Moorpark, California Page 6 December 1, 1993 B. Consider Ordinance Amendincr Chapter 1.12. Enforcement and Penalties of Title 1 of the Moorpark Municipal Code. Staff Recommendation: Adopt an ordinance amending Chapter 1.12, Enforcement and Penalties, of Title 1 of the Moorpark Municipal Code, introduce the ordinance for first reading, and waive full reading. (Continued Item 11.F. from 11/17/93) Mr. Aguilera gave the staff report and outlined the infraction process. k In response to Council question, Ms. Kane stated that the difference between an infraction and a misdemeanor is mainly a difference in punishment. Councilmember Montgomery said he was willing to go forward with the ordinance but had concerns with possible abuse since "we are talking about people's pocketbooks and putting people in prison" by putting responsibility for enforcement at lower and lower levels. Councilmember Hunter and Mayor Lawrason both expressed support for the ordinance. Councilmember Perez said we need a team building approach for problems of this nature. Ms. Kane read the ordinance title. MOTION: Councilmember Hunter moved and Councilmember Perez seconded a motion to read the ordinance title and waive further reading. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. k MOTION: Councilmember Hunter moved and Councilmember Perez seconded a motion to declare Ordinance No. 185 introduced for first reading. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. C. Consider A Report Regarding the Urban Streams Restoration Grant Contract Administration. Staff Recommendation: 1) Approve the City's retention of all subcontractors and a grant contract amendment to purchase liability insurance at a cost not to exceed $1,000.00 (estimated cost of $950.00) ; 2) Direct staff to prepare Contracts for Service for all subcontractors to be retained as part of the grant and the Environmental Coalition subject to final language approval by the City Manager; 3) Authorize the City Manager to sign all agreements with the Minutes of the City Council Moorpark, California Page 7 December 1, 1993 Environmental Coalition, individual subcontractors and others necessary in order to implement the grant. Mr. Aguilera gave the staff report. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to waive the Rules of Procedure to receive late written information from the Environmental Coalition. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. Roseann Mikos, 14371 E. Cambridge St., addressed the Council representing the Environmental Coalition. AT THIS POINT in the meeting a recess was declared to allow the Council an opportunity to read the material from the Environmental Coalition. The time was 8:57 p.m. The meeting reconvened at 9:17 p.m. Dr. Mikos said her Agenda Report Response reflected a "bias toward mutual agreement which the Environmental Coalition feels is important ". She said the City should serve as a fiscal agent for the entire grant and not just a portion of the grant. She said that the agreements with the City and the independent contractors working on the project are separate agreements and that point needs to be very clear. She said any further negotiation that needed to be done between the City and the Environmental Coalition should be done in private. She indicated that some of the things in the City staff are inaccurate. She said resolution on this matter was needed tonight. She said the longer we wait the harder it is to get volunteers. Margaret Kirnig, 10725 Citrus Drive, spoke as a member of the Environmental Coalition. She stated that she would like to seethe project finished. She said it is a great educational opportunity for the youth and said Roseanne Mikos and Janet Murphy should be commended for finding out about the grant and preparing the paperwork to obtain the grant. x Eloise Brown, 13193 Annette Street, said she objected that the Environmental Coalition is not willing to pay for their own liability insurance as some of them are being paid as independent contractors. Minutes of the City Council Moorpark, California Page 8 December 1, 1993 Gerry Goldstein, 11932 Los angeles Avenue said that everyone should be concerned about the herbicide being used for the project. In response to Council question, Mr. Kueny said that negotiations between staff and the Environmental Coalition will continue but they are not required to be noticed. Councilmember Hunter noted that as negotiations are handled at staff level they can be private. Councilmember Montgomery stated that he would be voting no on this matter and requested a roll call vote. He said the EC was not unable to act as fiscal agent but unwilling. He clarified that this grant was being administered by the Moorpark Branch of the EC and it had not been properly disclosed when the grant was initially approved by the City that members of the Moorpark EC would be acting not as volunteers but as paid independent contractors„ MOTION: Councilmember Perez moved and Mayor Lawrason seconded a motion to approve the City's retention of all subcontractors and a grant contract amendment to purchase liability insurance at a cost not to exceed $1,000.00 from grant funds; to direct staff to prepare contracts for service for all subcontractors to be retained as part of the grant and the EC subject to final language approval by the City Manager; authorize the City Manager to sign all agreements with the EC, individual subcontractors and others necessary in order to implement the grant. The motion carried by roll call vote 3 -1, Councilmember Montgomery dissenting and Councilmember Wozniak absent for the vote. D. Consider Approval of Metrolink Station Design and Construction Costs and Amend the 1993[94 Budget to Allocate Funds for Additional Expenditures. Staff Recommendation: 1) Approve payment to the Southern California Regional Rail Authority for the design and construction of the City's Metrolink Station; and 2) Amend the 1993/94 budget to allocate $20,895 from TDA funds to fund the additional design and construction costs as identified in the staff report. Ms. Lindley gave the staff report. Minutes of the City Council Moorpark, California Page 9 December 1, 1993 Councilmember Montgomery said the amount to be appropriated should be amended to be $20,100. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve payment to SCRRA for the design and construction of the City's Metrolink Station and amend the 1993/94 Budget to appropriate $20,100 from TDA funds to fund the additional design and construction costs as identified in the staff report dated November 23, 1993. The motion carried by roll call vote 4 -0, Councilmember Wozniak absent for the vote. E. Consider Approval of a Proiect to Remove Guy Wires Across Tierra Rejada Road East of Spring Road By Replacing Existing Wooden Poles with Steel Poles. Staff Recommendation: The Public Works, Facilities and Solid Waste Committee recommends that the City Council approve a project for the removal of guy wires from across Tierra Rejada Road by replacing certain existing wood poles with steel poles, provided the cost for said work does not exceed $200,000. Mr. Gilbert gave the staff report. MOTION: Councilmember Perez moved and Councilmember Hunter seconded a motion to approve a project for the removal of guy wires from across Tierra Rejada Road by replacing certain existing wood poles with steel poles, provided the cost for the work does not exceed $200,000. The motion carried by roll call vote 4 -0, Councilmember Wozniak absent for the vote. F. Consider Recommendation from Parks and Recreation Commission for an Adopt a Park Program. Staff Recommendation: Approve the program and adopt the draft policies and procedures. Ms. Adams gave the staff report. Councilmember Perez said there should be a distinction made between capital and maintenance projects. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the program and the policies and procedures as presented in the staff report dated November 12, 1993. The motion carried by roll call vote 4 -0, Councilmember Wozniak absent for the vote. Minutes of the City Council Moorpark, California Page 10 December 1, 1993 F AT THIS POINT in the meeting a recess was declared. The time was 10:27 p.m. The meeting reconvened at 10:33 p.m. G. Consider Purchase of Public Address Sound Svstem for Cit Meetings and Special Events. Staff Recommendation: 1) Approve low bid price of $5,260.00 for recommended system from Carvan; 2) Appropriate an additional $1060.00 from General Fund Reserves, to supplement the budgeted amount of $4,200.00 for this capital purchase. Ms. Adams gave the staff report. Councilmember Montgomery suggested appropriating the $5,260 from the General Fund Reserves and to the Community Center department. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the low bid price of $5,260 for the recommended system from Carvan; to appropriate $5,260 from the General Fund Reserve to 01.4.149.906 (Community Center). The motion carried by roll call vote 4 -0, Councilmember Wozniak absent for the vote. H. Consider Report on Town Hall Meetings. Staff Recommendation: That the Council consider two Town Hall meetings each year; one to be held in the Spring and one to be held in the Fall. Ms. Hare gave the staff report. Mayor Lawrason said that Councilmember Wozniak indicated that he would support four Town Hall meetings a year. Mayor Lawrason said he also favored four meetings a year. Councilmember Hunter said he wanted to maintain bi- monthly meetings, skipping the Holiday Season and to start the meetings again in February. He said he liked the format of holding the meetings in various parts of the community. He said he would like to suggest the Villa del Arroyo Mobile Home park as a site. Councilmember Perez said he favored the Community Center site and maybe an evening during the week or on a Saturday. Minutes of the City Council Moorpark, California Page 11 December 1, 1993 Councilmember Montgomery suggested referring this matter to an Ad Hoc Committee consisting of Councilmember Perez and Councilmember Hunter to determine the schedule and sites for the Town Hall Meetings. Councilmember Hunter said he would volunteer if five meetings could be scheduled. CONSENSUS: By consensus, the Council determined to refer this matter to an Ad Hoc Committee consisting of Councilmembers Hunter and Perez to determine times, place, and schedule for five Town Hall meetings. I. 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. Councilmember Montgomery said that the Council action had been to request the County Board of Supervisors to formally agendize the City's offer. CONSENSUS: By consensus, the Council determined to continue this matter until December 15, 1993 to wait for a formal response from the County. J. Consider Request of W.O.M.E.N. to Use Community Center and Cable Equipment for Miss Moorpark and Miss Teen Moorpark Pageant on May 21, 1994. Staff Recommendation: Approve the request by W.O.M.E.N. to use the Citrus and Apricot Rooms on May 19 - 21 for the Miss Moorpark and Miss Teen Moorpark Pageant, and charge W.O.M.E.N. with the cost as determined by the City Council; 2) That the City Council direct staff to coordinate with W.O.M.E.N. and Videomax to work out necessary arrangements for the videotaping of the pageant, at W.O.M.E.N.Is expense; and further coordinate the telecast of the activity on the community access channel (Channel 8) with Ventura County Cablevision. Ms. Adams gave the staff report. Minutes of the City Council Moorpark, California Page 12 December 1, 1993 Councilmember Montgomery noted that last year the City had co- sponsored the event and suggested that the City do so again, charging only janitorial fees of $17.00 per hour and not requiring a security deposit, W.O.M.E.N. to work directly with Videomax for the videotaping service at W.O.M.E.N.'s expense. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the request by W.O.M.E.N to use the Citrus and Apricot Rooms on May 19 - 21 for the Miss Moorpark and Miss Teen Moorpark Pageant; the City to co- sponsor the event on an annual basis (to be included in the future budgets as a line item in the Community Services Department) and to waive all but the janitorial fees of $17.00 per hour with no security deposit; staff to coordinate with W.O.M.E.N and Videomax to )cork out the necessary arrangements for the videotaping of the pageant, at W.O.M.E.N.'S expense and to coordinate the telecast of the activity on the City's government channel. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. K. Consider Approval of Additional Improvements to the Arroyo Vista Community Park Buildings for the Installation of a Clock in Community Building Tower and the Installation of Cabinets. Staff Recommendation: 1) Authorize the City Manager to approve a Change Order to the prime contract for the installation of a clock in the Community Building tower for an amount Not to Exceed $4,000; and, 2) Authorize the City Manager to approve contracts for the installation of cabinets in the Community Building and Gymnasium as described in the staff report, for a cost not to exceed $17,000. Councilmember Montgomery indicated that the Committee would like to consider further the installation of the clock in the Community Center building tower. He suggested the Council approve #2 of the staff recommendation relative to the installation of cabinets. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to authorize the City Manager to approve contracts for the installation of cabinets in the Community Building and Gymnasium as described in the staff report, for a cost not to exceed $17,000. The motion carried by voice vote, Councilmember Wozniak absent for the vote. Minutes of the City Council Moorpark, California Page 13 December 1, 1993 L. Consider Revisions to the City's Zoning Ordinance - City of Moorpark. Staff Rdcommendation: Review the revisions to the Zoning Ordinance. Mr. Kueny indicated that this item would be ready for introduction and first reading at the December 15, 1993 City Council meeting. CONSENSUS: By consensus, the Council determined to continue this matter to December 15, 1993. 12. ORDINANCES: A. Consider Ordinance No. 184 - Amending Ordinance Number 137 the Moorpark Zoning Ordinance, to Establish a Transportation Demand Management Facilities Ordinance in Accordance with State Government Code Sections 65089 and 65089.3 for Second Reading. Ms. Kane read the ordinance title. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to read the ordinance title and waive further reading. The motion carried by voice vote, Councilmember Wozniak absent for the vote. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to declare Ordinance No. 184 read for the second time and adopted as read. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. B. Consider Ordinance No. 186 - Revision to Ordinance No. 173, No Smoking Ordinance, To Allow Greater Flexibility for Posting of "No Smoking " Signs for First Reading. Ms. Kane read the ordinance title. MOTION: Councilmember Hunter moved and Councilmember Perez seconded a motion to read the ordinance title and waive further reading. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. MOTION: Councilmember Hunter moved and Councilmember Perez seconded a motion to declare Ordinance No. 186 introduced for first reading. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. Minutes of the City Council Moorpark, California Page 14 December 1, 1993 13. FUTURE AGENDA ITEMS: None. 14. CLOSED SESSION: MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adjourn to Closed Session for a discussion of all items listed on the agenda: i 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. K. Litigation concerning Conejo Freeway Properties, LTD. vs. City of Moorpark. L. Negotiations for Real Property - APN 514 -0- 362 -075 (Woodlief) pursuant to Government Code Section 54956.8. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. a Minutes of the City Council a Moorpark, California Page 15 December 1, 1993 AT THIS POINT in the meeting a recess was declared. The time was 11:10 p.m. Present in Closed Session were all Councilmembers but Councilmember Wozniak; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Ken Gilbert, Director of Public Works; and Cheryl Kane, City Attorney. Mr. Gilbert left the Closed Session at 11:22 p.m. The Council reconvened into Open Session at 11:43 p.m. Mr. Kueny stated that only items 14.D., 14.F., 14.K., and 14.L. had been discussed and there was no action to report. 15. ADJOURNMENT: Mayor Lawrason adjourned the meeting. The time was 11:43 p.m. 1 ! � Paul W. LKwrason Jr.,,Jkayor ATTEST: Lillian E. Hare, City Clerk °\