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HomeMy WebLinkAboutMIN 1994 0119 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California January 19, 1994 A Regular Meeting of the City Council of the City of Moorpark was held on January 19, 1994 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 Sergeant Keith Parks 3. ROLL CALL: Councilmembers Montgomery, Perez, and Mayor Lawrason. Absent: Councilmembers Hunter and Wozniak Mayor Lawrason stated that Councilmembers Hunter and Wozniak have work responsibilities that do not allow them to attend the meeting this evening. Staff Present: Steven Kueny, City Manager; Cheryl Kane, City Attorney; Richard Hare, Deputy City Manager; 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; Baldemar Troche, Management Analyst; Charles Abbott, City Engineer; Dirk Lovette, Assistant City Engineer; Lillian Hare, City Clerk; and Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Recognition of Sergeant Keith Parks for graduation from and coordination of the Emergency Medical Technical Institute. The Mayor presented a Certificate of Recognition to Sergeant Keith Parks. B. Presentation of Funds from Friends of the Moorpark Library to Increase Library Hours of Operation. No one was present from the Friends of the Moorpark Library. Minutes of the City Council Moorpark, California Page 2 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 6. PUBLIC COMMENT: January 19, 1994 Linda Treihaft, 14355 East Purdue, addressed the Council regarding parking restrictions. She said she does not have an alternate place to park vehicles if she cannot park on the street. She indicated her concern that her vehicle is too long to park in her driveway. She said she lives in Campus Park West. Gerry Goldstein, 11932 East Los Angeles Avenue, addressed the Council regarding the structural integrity of buildings and freeways in and around the city. 7. COMMITTEE REPORTS: Councilmember Montgomery said he attended the meeting of the Ventura County Animal Regulation Commission on January 13. He also said the East County Wasteshed Task Force scheduled for January 19 (today) was canceled. He said also that the County Waste Commission meeting which was scheduled for January 20 was also canceled. 8. CONSENT CALENDAR (Roll Call Vote): MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to pull Item 8.C. and to approve the balance of the Consent Calendar. The motion carried by roll call vote 3 -0, Councilmembers Hunter and Wozniak absent for the vote. A. Consider Approval of Minutes of the Special City Council Meeting of January 5, 1994. Consider Approval of Minutes of the Regular City Council Meeting of January 5, 1994. Staff Recommendation: Approve the minutes as processed. Minutes of the City Council Moorpark, California Page 3 January 19, 1994 B. Consider Approval of the Warrant Register. Manual Warrants 22159 - 22168 $ 2,516.83 Regular Warrants 22172 - 22309 $ 919,769.89 Staff Recommendation: Approve the Warrant Register. D. Consider Approval of an Amendment to Increase Contract Amount for Stri in Services with Safet Stri in Service Inc. Staff Recommendation: Approve an amendment to the Maintenance Service Contract with Safety Striping Service by increasing the contract amount to $32,764.87 ($4,925.66 increase). E. Consider a Letter to be sent to Federal Elected Representatives. and Signed by all Ventura Cities and the County Pertaining to Low Rent Public Housing Waiting List. Staff Recommendation: Authorize the Mayor to sign the joint letter to Federal elected officials pertaining to the need for separate low rent public housing waiting lists for each jurisdiction. F. City Manager Approved Contract with Southern California Gas Company for Utility Service at Arroyo Vista Community Park. Staff Recommendation: Receive and file the report. G. City Manager Approved Contract with Caltrans for the Maintenance of Parkwa Lialml '11(;Iscapinq on Los An eles Avenue at Millard Street and at Shasta Avenue. Staff Recommendation: Receive and file the report. H. Consider Approval of a Pro'ect to Construct Securit Improvements at the Arroyo Vista Community Park Irrigation Well Controls. Staff Recommendation: Approve the construction of the well security improvements described in this report. I. Consider A ro riation of 4 000.00 from Affordable Housing Fund for Home Im rovement and Advert' Expenses Related to First Time Home Buver Program. Staff Recommendation: Approve appropriation of $4,000.00 from Affordable Housing Fund. Minutes of the City Council Moorpark, California Page 4 January 19, 1994 J. Consider Award of Contract for the Printing of Thrice Yearly Recreation Brochure Publication. Staff Recommendation: Reject all bids and direct staff to continue to print brochure using existing staff and the inclusion of appropriate advertising. K. Consider Use of Social Service Fund Account. Staff Recommendation: Receive and file the report. L. Consider Resolution No. 94-999 Chan ing the Speed Limit on Tierra Rejada Road Between Spring Road and the Route 23 Freeway. Staff Recommendation: Adopt Resolution No. 94 -999 changing the speed limit on Tierra Rejada Road between Spring Road and the Route 23 Freeway from 40 mph to 45 mph. M. Consider Resolution No. 94 -1000 Directing the Installation of STOP Signs at the Exits from the Parking Lots at Designated City Parks. Staff Recommendation: Adopt Resolution No. 94 -1000 directing the placement of STOP signs at the exits from the parking lots at designated City parks. N. Consider Design for an Entry Statement to be Constructed at the Northwest Corner of Los Angeles Avenue and Shasta Avenue (Lopez Wall) . Staff Recommendation: Direct staff to send a letter to all of the residents in the area north of Shasta Avenue and Los Angeles Avenue, advising them of the City's intent to construct the entry statement. O. Consider Clarification of the Building and Safety Agreement between the City of Moorpark and Charles Abbott & Associates. Staff Recommendation: Concur with changes and clarification to the Building and Safety Agreement. The following item was pulled from the Consent Calendar for individual consideration: C. Consider an Alternative to the Fountain on the Southwest Corner of Spring Road and Los Angeles Avenue (TOPA Management Company - Development Permit 1064). Staff Recommendation: 1) Authorize City staff to initiate a fee exempt Minor Modification with the concurrence of Topa Management Company to replace the fountain with a 72 inch box tree. Minutes of the City Council Moorpark, California Page 5 January 19, 1994 In response to Councilmember Perez, Mr. Aguilera stated that the problem previously had been the quality of the fountain. He said the last time the fountain was broken, the repairman had broken it and a new type of fountain was ordered. He said the new fountain had been very heavy and was now damaged by the earthquake. Councilmember Perez said the fountain was a significant landmark and he would like to have a durable, high quality fountain put in place in order to satisfy the original conditions of the project. Mayor Lawrason indicated that a phone called was received from Ethel Sulkis requesting that the Council save the fountain. Mayor Lawrason said he too supported saving the fountain. Councilmember Montgomery said that it was his recollection that the fountain was a condition in lieu of a contribution to the Art in Public Places fund. He said he believed the original conditions should be enforced. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to deny the staff recommendation and to require that the fountain be placed in good working order. The motion carried by voice vote 3 -0, Councilmembers Hunter and Wozniak absent for the vote. 9. PUBLIC HEARINGS: A. Public Hearing to Consider Approval of the City's Americans with Disabilities 1994 Paratransit Update Plan. Staff Recommendation: Receive public testimony and consider approval of the City's 1994 Paratransit Update Plan. Ms. Lindley gave the staff report. Mayor Lawrason opened the public hearing. Gerry Goldstein, 11932 East Los Angeles Avenue, said developers should be required to have adequately low height light switches and hand bars in their construction. Mayor Lawrason closed the public hearing. Minutes of the City Council Moorpark, California Page 6 January 19, 1994 Ms. Lindley indicated that the City has received no requests for rides from the four certified disabled Moorpark residents. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve the City's 1994 Paratransit Update Plan. The motion carried by voice vote 3 -0, Councilmembers Hunter and Wozniak absent for the vote. B. Public Hearing of Eminent Domain Proceedings for Acquisition of Certain Vacant Property Known as the Borick Property Located at the East End of Fitch Avenue, Consistinct of the Southerly 4.15 Acres of Assessor's Parcel No. 512 -0- 150 -515, Within the City of Moorpark. Staff Recommendation: Subsequent to the acceptance of comments received at the public hearing and a review of all relevant facts, the City Council adopt the Resolution of Necessity to initiate eminent domain proceedings against the property known as the Borick Property. Mr. Gilbert gave the staff report. Mayor Lawrason explained to the audience that the City is working to move the Caltrans Maintenance yard from close to the on -ramp adjacent to the Carlsberg site to a less prominent site in the City. Ms. Hare indicated that this was a properly notice public hearing and the affidavit of publication is on file in her office. Mayor Lawrason opened the public hearing. As there was no one to speak to this item, Mayor Lawrason closed the public hearing. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adopt the resolution. The motion carried by voice vote 3 -0, Councilmembers Hunter and Wozniak absent for the vote. VOTE NOT VALID. AS THE PRECEDING ITEM requires a 4 /5th majority vote, it was determined to continue 9.B. until the following week. Minutes of the City Council Moorpark, California Page 7 January 19, 1994 MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to continue this matter for one week until January 26, 1994. The motion carried by voice vote 3 -0. Councilmember Hunter and Wozniak absent for the vote. 10. COMMENTS FROM COUNCIL MEMBERS: A. Consider Appointment to the Santa Monica Mountains Conservancy. Mayor Lawrason indicated that the City needs to determine who can serve on the Santa Monica Mountains Conservancy Advisory Committee. In response, Ms. Hare indicated that it needs to be a City representative but does not need to be a Councilmember. Councilmember Perez requested that staff determine the constitution of the Committee and provide the information to the Council prior to the next agenda. Councilmember Montgomery said the Conservancy will not meet again until the first Monday in February. He said he would be willing to attend that meeting. CONSENSUS: By consensus, the Council determined to continue this matter to the meeting of February 2, 1994. 11. ACTION /DISCUSSION ITEMS: A. Consider Schedule and Format for Town Hall Meetings. Mr. Kueny said the Ad Hoc Council Committee consisting of Councilmembers Hunter and Perez recommended that the first Town Hall meeting be held at the Villa del Arroyo Mobile Home Park and that staff recommends Saturday, February 12 as the date for the first meeting. Councilmember Montgomery recommended continuing this matter to allow the other two members of the Council to be present for its discussion. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to continue this matter to the meeting of January 26, 1994. The motion carried by voice vote 3 -0, Councilmembers Hunter and Wozniak absent for the vote. Minutes of the City Council Moorpark, California Page 8 January 19, 1994 B. Consider Reclassification of Recreation Coordinator Position. Staff Recommendation: 1) Approve classification change for Recreation Coordinator to Recreation Supervisor; 2) Appropriate $4,000 from 01.148 full time salaries to cover additional part time salary costs; and 3) Direct staff to begin recruiting process for Recreation Supervisor position. Ms. Adams gave the staff report. Councilmember Montgomery indicated that recommendation number two should be amended to "transfer $4,000 from 01.148 full time salaries to cover additional part time salary costs." MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to approve the classification change for Recreation Coordinator to Recreation Supervisor; to transfer $4,000 from 01.148 full time salaries to cover the additional part time salary costs; and to direct staff to begin the recruiting process for the Recreation Supervisor position. The motion carried by voice vote 3 -0, Councilmembers Hunter and Wozniak absent for the vote. C. Consider Approval of the Construction of a Sewer Lateral to Serve the Arroyo Vista Community Park Buildings. Staff Recommendation: City Council select the design option recommended and authorize staff to solicit bids for the construction of the subject project. Mr. Gilbert gave the staff report. He indicated that the revised cost is $77,000. In response to Mayor Lawrason, Mr. Gilbert said that Urban West Communities has been contacted and supports the concept. Councilmember Montgomery said the City will be saving Urban West Communities $100,000 or more. Minutes of the City Council Moorpark, California Page 9 January 19, 1994 MOTION: Councilmember Montgomery moved and Mayor Lawrason seconded a motion to approve the staff and Public Works, Facilities and Solid Waste Committee recommendation that the City proceed with the construction of this project using the alignment described in alternate 1B. of the staff report dated January 19, 1994; staff to verify that the project can be built to meet Water Works District No. 1 standards. The motion carried by voice vote 3 -0, Councilmembers Hunter and Wozniak absent for the vote. D. Consider Rescindina Resolution Number 93 -925 and Adoptin Resolution No. 94 -1001 in Order to Update the Bail Schedule. Staff Recommendation: Adopt Resolution No. 94- 1001, rescinding Resolution Number 93 -925 and approving the revised Bail Schedule for Infractions and Misdemeanors. Mr. Aguilera gave the staff report. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adopt Resolution No. 94 -1001, a revised Bail Schedule for Infractions and Misdemeanors. The motion carried by voice vote 3 -0, Councilmembers Hunter and Wozniak absent for the vote. E. Consider Procurement of a Second Pool Car. Staff Recommendation: 1) Approve an appropriation of funds from the Equipment Replacement Fund (031.3.999.999) in the amount of $10,000; 2) Approve an amendment to the FY 1993/93 Budget ( #003.4.142.904) in the amount of $10,000 for the purchase of a second pool car; 3) Authorize the City Manager to purchase said vehicle for a cost not to exceed $10,000. Mr. Troche gave the staff report. Councilmember Montgomery requested additional usage data. He requested that this item be continued to the f irst meeting in February in order to allow staff to provide the requested information. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to continue this item to the meeting of February 2, 1994. The motion carried by voice vote 3 -0, Councilmembers Hunter and Wozniak absent for the vote. Minutes of the City Council Moorpark, California Page 10 January 19, 1994 F. Consider Purchase of Tax Defaulted Properties from the County of Ventura Tax Collector - City of Moorpark. Staff Recommendation: 1) Consent to the purchase of the Tax Defaulted properties, and 2) Direct the Planning Commission to adopt a resolution finding that the acquisition of property is in conformity with the General Plan. Mr. Aguilera gave the staff report. In response to Councilmember Montgomery, Mr. Aguilera indicated that although staff had considered the use of Redevelopment Agency funds for this purchase, it was determined that since the property was being purchased from the County, City funds were more appropriately used. He indicated that the Redevelopment Agency might later purchase it from the City. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to consent to the purchase of the tax defaulted properties and to direct the City Manager to perform all necessary duties to purchase the properties; to appropriate $33,000 from the Affordable Housing fund; to adopt Resolution No. 94 -1002 directing the Planning Commission to consider adopting a resolution finding that the location, purpose and extent of the proposed acquisition, and disposition of property for public purposes are in conformity with the general plan of the City of Moorpark. The motion carried by roll call vote 3 -0, Councilmembers Hunter and Wozniak absent for the vote. AT THIS POINT in the meeting, the Mayor declared a recess. The time was 8:55 p.m. The Council reconvened at 9:14 p.m. G. Consider Agreement For Acquisition of Land as Requested by Atassi (CPD No. 92 -1). Staff Recommendation: Approve agreement subject to final language approval of City Manager and City Attorney and authorize Mayor to sign on behalf of the City. Mr. Kueny gave the staff report. Ed Jones, 5135 Island Forest Place, Thousand Oaks, spoke representing the applicant for CPD No. 92 -1. He requested that the Council defer any decision until the full Council was present. He said their attorney feels Mr. Atassi should be able to use the appraisal that has been completed. Minutes of the City Council Moorpark, California Page 11 January 19, 1994 Steve Rishas, 6355 Topanga Canyon Blvd., Woodland Hills, addressed the Council as the applicant's attorney. He said the appraisal which has been completed fully complies with the Code of Civil Procedures. He said he believes this appraisal should be sufficient. He also stated that the $65,000 deposit which was being required by the City was excessive. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to continue this matter to the meeting of February 2, 1994. The motion carried by voice vote 3 -0, Councilmembers Hunter and Wozniak absent for the vote. 12. ORDINANCES: A. Second Reading and Adoption of Ordinance No. 187 - Adding Chapter 12.20 to the Moorpark Municipal Code Pertaining to Underground Utility Districts. Ms. Kane read the ordinance title. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to read the ordinance title only and waive further reading. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to declare Ordinance No. 184 read for the second time and adopted as read. The motion carried by voice vote 3 -0, Councilmembers Hunter and Wozniak absent for the vote. 13. FUTURE AGENDA ITEMS: Councilmember Montgomery stated that there is confusion regarding the enforcement of the Graffiti Ordinance. He requested this item be brought back on the Council's agenda as an Action/ Discussion item for the Council to discuss the misunderstanding /confusion. He said the ordinance appears to be causing financial hardship on some City merchants. 14. CLOSED SESSION: No closed session was held. A. Personnel. B. Potential litigation pursuant to Government Code Section 54956.9(b) (1) . Minutes of the City Council Moorpark, California Page 12 January 19, 1994 C. Potential litigation pursuant to Government Code Section 54956.9(c). D. Litigation concerning Moorpark vs. CalTrans (Case No. 123655) . E. Negotiations for Real Property at 675 Moorpark Avenue (Moss) and 661 Moorpark Avenue (Aikens) pursuant to Government Code Section 54956.8. F. Negotiations for Real Property on the North Side of Los Angeles Avenue and South Side of Poindexter Avenue contiguous to Mission Bell Plaza. G. Negotiations for Real Property at 18 High Street (Abbott & Associates, Moorpark Chamber of Commerce, Moorpark Melodrama) 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. Downs. 15. ADJOURNMENT: Mayor Lawrason adjourned the meeting at 9:38 p.m. Paul W. Lawrason Jr., y or ATTEST: Op '� Lillian E. Hare, City Clerk i v�