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HomeMy WebLinkAboutMIN 1994 0216 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California February 16, 1994 A Regular Meeting of the City Council of the City of Moorpark was held on February 16, 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 7:25 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Hunter. 3. ROLL CALL: Councilmembers Hunter, Montgomery, Perez, Wozniak and Mayor Lawrason. 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; Dirk Lovett, Assistant City Engineer; Charles Abbott, City Engineer; Deborah Traffenstedt, Senior Planner; Lillian Hare, City Clerk; and Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: Mayor Lawrason read the plaque presented to the City by the Boys & Girls Club. A. Recognition of Brandon Thrakulchavee for Calendar Drawing on 1994 Ventura County Transportation Commission Calendar. Brandon Trakulchavee was presented a Certificate of Recognition by Mayor Lawrason. B. Presentation of Check from Friends of the Library for City Support given to the Moorpark Library. Mayor Lawrason accepted a check in the amount of $2,500 from the Friends of the Moorpark Library. C. Proclamation for Future Business Leaders of America. Mayor Lawrason read the proclamation for the Future Business Leaders of America. Minutes of the City Council Moorpark, California Page 2 February 16, 1994 D. Proclamation to Recognize the CROP Walk on March 6, 1994. Marilyn Green and Ruben Castro accepted the proclamation for Crop Walk Day from Mayor Lawrason. E. Proclamation to Recognize Women's History Month. Connie Lawrason accepted the proclamation for Women's History Month from Mayor Lawrason. AT THIS POINT in the meeting, the Council recessed to reconvene as the Redevelopment Agency. The time was 7:45 p.m. The Council reconvened at 7:46 p.m. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Hunter requested that an item be added to the agenda regarding a proposed letter to the County relative to the disposition of Proposition 172 funds. MOTION: Councilmember Hunter moved and Councilmember Montgomery seconded a motion to add as item 11.H., Consideration of a Letter to be sent to the County regarding Proposition use of 172 funds for public safety; the need for action having arisen after the posting of the agenda. The motion carried by unanimous voice vote. 6. PUBLIC COMMENT: Michael Kavanaugh, Outreach Coordinator for FEMA, said the relationship between FEMA and City staff is very good. He encouraged businesses and individuals to visit the FEMA office in Simi Valley to get earthquake assistance if they need it. He thanked the City for working with FEMA so successfully. Don Hendricks, 15517 Doris Court, spoke in opposition to the urgency ordinance regarding masonry walls recently enacted by the City Council. Russ Campbell, 4262 Granadilla Drive, stated that he received a letter from the City regarding block wall damage at property he owns at 448 Dorothy Street. He said he is confused as to how he is expected to correct the damage and is looking for guidance from the City Council. Connie Lawrason, 4291 Ambermeadow Street, gave the CTAC /SSTAC report from the February 8th meeting. She said that applications for SB821 funds are due by March 7, at 3:00 p.m. She said the amount of funding is approximately $270,000. She said that unmet transit needs and ADA (Americans with Minutes of the City Council Moorpark, California Page 3 February 16, 1994 Disabilities Act) eligibility was discussed at the meeting. Marcelino De Los Santos, Jr., introduced himself as the new Moorpark Project Pride Youth Outreach Worker. He said he looks forward to working with City staff and he supports the formation of the proposed Teen Council. Jeanne B. Philip, veterinarian, spoke as the business tenant at 170 E. High Street. She said contrary to what has been reported her business has not relocated. She said the building that houses her business sustained earthquake damage and she requested that the City deal with her landlord in a supportive manner while he makes repairs to the building. Thomas J. Shaw, 7117 Shakespeare Place, stated that the urgency ordinance is causing financial hardship for those who called for inspection of their block walls. He requested that the City Council reconsider the ordinance. Connie Seibert, 15560 Doris Court, stated that the urgency ordinance is too restrictive. Ethel Sulkis, 270 Sierra Avenue, said that the City should provide assistance to local businesses such as Dr. Philips veterinary clinic, so they can remain open for business. Gerald Goldstein, 11932 Los Angeles Avenue, spoke regarding the disaster preparedness of the city. James Barber, 7172 Shakespeare Place, commented on Ordinance No. 188. He asked if he can utilize an unlicensed contractor to make the repairs to his block walls. Lina Santelli, 15549 Doris Court, said she sustained earthquake damage to her home. She stated that Urgency Ordinance No. 188 adds an undue burden on homeowners. She requested a change to the ordinance to allow retrofitting, specifications not requiring an architect, and that all permit costs be waived for the repaj.rs. Ted Martens, 15749 Swift Place, spoke as President of the Campus Hills Homeowners' Association. He stated that he views Ordinance No. 188 as giving homeowners two options: 1) hire an architect to come up with a specific plan of repair, or have the walls demolished and rebuild them. He requested that the City Council reconsider the ordinance as some homeowners may choose to replace the walls with fences and it would result in bad relations and potential litigation. Minutes of the City Council Moorpark, California Page 4 February 16, 1994 Mayor Lawrason said there was no intention on the City's part to create an onerous situation by the enacting of Ordinance 188 relative to masonry walls Councilmember Montgomery indicated that it appeared Code Enforcement priorities were rearranged. He said engineered design specifications were to be provided to all those needing wall permits. He said that as regards retrofit, the City should only reinspect walls that. are determined to be more than 50% damaged. Mr. Aguilera said that drawings have been prepared for new walls but that drawings to repair existing walls cannot be engineered because every wall is built differently. Mr. Abbott suggested that a design for a standard wall be created with no requirement for a permit., Mr. Wozniak stated that resolution of this problem should be made tonight by the Council. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to add as Item 11.I.1 Consideration of Section 15.28.050 entitled "Masonry Walls ", of Ordinance 188, need for action having arisen after the posting of the agenda. The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 9:04 p.m. The Council reconvened at 9:28 p.m. 7. COMMITTEE REPORTS: None. 8. CONSENT CALENDAR (Roll Call Vote): MOTION: Councilmember Wozniak moved and Mayor Lawrason seconded a motion to pull Items 8.A., the minutes of the Regular Meeting of February 2, 1994 and the minutes of the Regular Meeting of January 19, 1994, 8.0., 8.E., 8.P., and B.H. and to approve 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 February 2, 199 4. Minutes of the City Council Moorpark, California Page 5 February 16, 1994 Consider Approval of Minutes of the Special City Council Meeting Relative to Continuing Emergency Status of January 26, 1994. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register.. Regular Warrants 22430 - 22524 $ 522,847.69 Voided Warrants 22098 $ (175.00) Manual Warrants 22423 - 22425 $ 985.92 Staff Recommendation: Approve the Warrant Register. C. Consider Disposition of Surplus Property - Electric Console Organ. Staff Recommendation: Authorize staff to dispose of equipment to achieve the highest value possible. D. Consider Reduction of Grading Bond for Tract 4792 (Urban West Communities). Staff Recommendation: Authorize the City Clerk to reduce grading bond #8481 80% to $20,714. F� Consider Approval of a Request for Proposals (RFP) for Engineering Services to Prepare a Traffic Speed Study. Staff Recommendation: Approve the RFP and authorize staff to distribute same to qualified Engineering firms. G. Consider Bids for the Construction of Miscellaneous Concrete Improvements. Staff Recommendations: 1) Approve the Scope of Work to include the work described in both Schedule I & 11; 2 ) Approve a budget amendment to add a project for the construction of the specified park improvements at Mountain Meadows Park ( #05- 551 - 903 -0328) for the budget amount of $4,650, said amount to be funded by a transfer of funds in the amount of $1,150 from Account #005 - 551 - 903 -00:55 and an appropriation of funds in the amount of $3,500 : rom the General Fund Reserve; 3 ) Award a contract for the subject construction to Bloise Construction, Inc. for the bid amount of $12,193.50; 4) Approve a ten per cent contingency for the project; and, 5) Authorize the Mayor to sign necessary contract documents. Minutes of the City Council Moorpark, California Page 6 February 16, 1994 I. Consider Action by Pipeline Companies to Recover Taxes Levied on State Assessed Property Involving Pipeline Company Rights of Way. Staff Recommendation: Receive and file the report. J. Consider Approval of the Membership of the City of West Hollywood in the Southern California Joint Powers Insurance Authority. Staff Recommendation: Receive and file the report. K. Consider Resolution 94 -1013 Rescinding Resolution 93 -931, and Amending the City's Conflict of Interest Code. Staff Recommendation: Adopt Resolution 94 -1013. L. Consider Offer from Girl's Softball to Renovate Softball Fields at Mountain Meadows Park. Staff Recommendation: Direct staff to work with Moorpark Girl's Softball to enable them to make the improvements referenced in the report (as well as related improvements) at Mountain Meadows Park consistent with City standards. M. Consider Resolution No. 94 -9014, Declaring Termination of Local Emergency Status. Staff Recommendation: Find that a Local Emergency no longer exists and adopt Res. 94 -9014. N. Consider Approval of a Reimbursement Agreement between the City of Moorpark and Hidden Creek Ranch Partners (HCRP) L.P. for Traffic Model Recalibration and Update Work. Staff Recommendation: Approve a Reimbursement Agreement between the City and HCRP for Traffic Model Recalibration and Update Work and authorize the Mayor to sign the agreement; and 2) Authorize the City Manager to amend the Austin -Foust Associates (AFA) agreement for maintenance and updating of the Moorpark Traffic Model to allow AFA to complete the work described in their proposal letter dated September i5, 1993, for a cost not to exceed $20,000. Q. Consider Campus Canyon Park Ballfield Grading Design Staff Recommendation: Approve grading design and authorize City Manager to award and sign construction contract. The following items were pulled from the Consent Calendar for individual consideration: Consider Approval of Minutes of the Regular City Council Meeting of February 2,.1994_. Minutes of the City Council Moorpark, California Page 7 February 16, 1994 Consider Approval of Minutes of the Regular City Council Meeting of January 19, 1994 MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve the Minutes of the Regular City Council Meeting of February 2, 1994 and the Minutes of the Regular City Council Meeting of January 19, 1994. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. E. Consider Resolution No. 94- Establishing Certain Parking Restrictions on Poindexter Avenue. Staff Recommendation: Adopt Resolution No. 94- establishing certain parking restrictions on and adjacent to Poindexter Avenue. Councilmember Hunter requested that this item be referred to the Council Transportation and Streets Committee for review and be continued to March 16, 1994. MOTION: Councilmember Hunter moved and Councilmember Montgomery seconded a motion to refer this item to the Council Transportation and Streets Committee for review and to continue it to the March 16, 1994 City Council meeting. The motion carried by unanimous voice vote. H. Consider Bids for the Construction of Asphalt Improvements on Lassen Avenue and at the MetroLink Driveway. Staff Recommendations 1) Approve the Scope of Work to include the work described in Schedules I & IIA: Lassen Alley Improvements plus the widening of the MetroLink South Parking Lot Driveway for a length of approximately (two hundred fifty feet (250'); 2) Approve project funding for the Lassen Allen improvements to be from the Assessment District 92 -1 Construction Fund; 3) Approve an appropriation of funds and a budget amendment ( #12- 151 - 903 -0329) in the amount of $7,700 for the widening of the MetroLink South parking lot driveway; 4) Award a contract for the construction to CNM Paving, Inc. for the bid amount of $24,931; 5) Approve a ten per cent contingency for the project; and, 6) Authorize the Mayor to sign necessary contract documents. Mayor Lawrason explained that he pulled this item to comment on the benefit this project would provide to MetroLink riders. MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to approve the staff recommendation as listed above. The motion carried by unanimous roll call vote. Minutes of the City Council Moorpark, California Page 8 February 16, 1994 O. Consider Support for SB 1243, Public Works (Prevailing Wages) ; AB 688, Solid Waste and Recycling; and Opposition to AB 1080, Public Contract Dispute Resolution; AB 1272, Air Quality Board; AB 515, Mobilehomes; and AB 2328, AB 2329 and AB 2330, Landowner Compensation Act. Staff Recommendation: Approve support for SB 1243, Public Works (Prevailing Wages) ; AB 688, Solid Waste and Recycling; and Opposition to AB 1080, Public Contract Dispute Resolution; AB 1272, Air Quality Board; AB 515, Mobilehomes; and AB 2328, AB 2329 and AB 2330, Landowner Compensation Act and authorize the Mayor to write letters to appropriate legislative committees stating the City Council's position, In response to Councilmember Wozniak, Ms. Lindley explained that AB688 does not reduce the effectiveness of AB939 and does not reduce the obligation of cities to comply with AB939. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to approve the staff recommendation as provided above. The motion carried by unanimous voice vote. P. Consider Ordinance Process. Staff Recommendation: Concur with ordinance process as outlined in the staff report. Councilmember Perez requested that this item be continued as he had provided new information to the City Manager. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to continue this matter to the City Council meeting of March 2, 1994. The motion carried by unanimous voice vote. 9. PUBLIC HEARINGS: A. Public Hearinq Regardnq Resolution of Intent to Vacate a Portion of Science Dr., Vacation No. V -94 -1, and Consideration of the Resolution to Vacate a Portion of Science Drive. Staff Recommendation: 1) Conduct and close the continued public hearing and consider all evidence; 2) Make findings of fact as contained in resolution and adopt Resolution of Vacation, Resolution No. 94- (Continued Item 9.C. from 2/2/94; PUBLIC HEARING OPEN) Councilmember Hunter stated that he would not vote on this matter due to a possible conflict of interest. Minutes of the City Council Moorpark, California Page 9 February 16, 1994 Mayor Lawrason noted that the public hearing was still open. Robert Lumley 1641 Fiske Place, Oxnard, requested that this item be continued to the next meeting. Mayor Lawrason asked if there was anyone else who wanted to speak regarding this matter. There was no response from the public. MOTION: Councilmember Montgomery moved and Mayor Lawrason seconded a motion to continue this matter with the public hearing open to the meeting of March 2, 1994. The motion carried by voice vote 4 -0, Councilmember Hunter abstaining. B. Consider the Levv of an Assessment for Stormwater Oualit Efforts (National Pollutant Discharge Elimination System). Staff Recommendation: Direct staff to forward a request to the Ventura County Flood Control District, that they levy on behalf of the City, an NPDES assessment for FY 1994/95 in the amount of $5.00 per Benefit Assessment Unit. Mr. Gilbert gave the staff report. Mayor Lawrason opened the public hearing. Eloise Brown, 13193 Annette Street, addressed the Council saying that everyone's taxes would increase as a result of this action. Mayor Lawrason closed the public hearing. Councilmember Montgomery said he cannot support an increase in taxes in this way. He said the public should know that we are the only City in the County that has not assessed citizens for NPDES yet. He said we should wait until next year to determine the impact on the City. Minutes of the City Council Moorpark, California Page 10 February 16, 1994 MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to notify the County that the City desires the annual assessment per BAU for this coming fiscal year to be zero; to similarly notify the County of the City's objection to the Ventura County Flood Control District assessment or any increase thereof for the Moorpark area; direct staff to prepare a letter for the Mayor's signature to Representative Gal legly requesting his (Gallegly's) assistance in sponsoring a bill to defer implementation of NPDES for those counties in Southern California affected by the recent earthquake disaster. The motion carried by unanimous voice Grote C. Consider Adoption of a Revised Zoning Ordinance and Codification as Title 17 of the Moorpark Municipal Code -City of Moorpark. Staff Recommendation: Introduce the ordinance for first reading. Mayor Lawrason opened the public hearing. Eloise Brown, 13193 Annette Street, asked the Council if they were sure they were comfortable adopting this ordinance. Mayor Lawrason closed the public hearing. 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 unanimous voice vote. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to declare Ordinance 189 introduced for first reading. The motion carried by unanimous voice vote. 10. COMMENTS FROM COUNCIL MEMBERS- Councilmember Perez indicated that there is a vacancy to be filled on the Santa Monica Mountains Conservancy District and the Clear Air Fund Advisory Committee and encouraged citizens to apply. Minutes of the City Council Moorpark, California Page 1:. February 16, 1994 11. ACTION /DISCUSSION ITEMS: H. Consider Proposed Letter Regarding Proposition 172 - Funds for Public Safety. Councilmember Hunter said that the half cent sales tax monies (Proposition 172 Funds) were to enhance public safety in the County not just to "maintain" services. He requested that the verbiage of the proposed letter to the Board of Supervisors be changed to "restore and enhance" rather than "maintain ". MOTION: Councilmember Hunter moved and Councilmember Montgomery seconded a motion to support the proposed letter to the County Board of Supervisors regarding the use of Proposition 172 funds with the requested change in verbiage to be to "restore and enhance" rather than "maintain" police services. The motion carried by unanimous voice vote. I1, Consider Uraencv Ordinance 190 Deletina Section 15.28.050 Entitled "Masonry Walls" from the Moorpark Municipal Code. Ms. Kane read the ordinance in its entirety. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to adopt Urgency Ordinance 190 as read. The motion carried by unanimous voice vote. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to retract yellow tags from masonry walls. The motion carried by unanimous voice vote. A. Consider Modification to Conditions for IPD 93 -1 (G &S (Continued item 11.I from 2/2194. ) Staff Recommendation: 1) Revise Conditions 73b and 74g to require that one dry travel lane in Science Drive be available during a ten - year storm rather than a fifty -year storm; or 2) Deny the applicant's request to modify the conditions. (Continued Item 11.I. from 2!2/94) CONSENSUS: By consensus, this item was continued to March 2, 1994. Minutes of the City Council Moorpark, California Page 12 February 16, 1994 B. Consider the Memorandum of Understa ding for a Cooperative Household Hazardous Waste (HHW) Collection Program. Approval of an Agreement for the Provision of Program Services and Aonroval of an Appropriation of Funds for Such Program. Staff Recommendation: 1T-Approve the Memorandum of Understanding Between the County of Ventura and Cities of Moorpark, Simi Valley, and Thousand Oaks (Sponsors) for a Cooperative Household Hazardous Waste (HHW) Collection Program and authorize the Mayor to sign; 2) Approve the Agreement Between the Program Sponsors and Chemical Waste Management for the Provision of Program Services and authorize the Mayor to sign; and 3) Appropriate $30,000 from the General Fund Reserve (AB 939 Solid Waste Management Account Reserve) to 01.160.642 for the program. Ms. Rubin deferred the staff report. MOTION: Councilmember Perez moved and Mayor Lawrason seconded a motion to approve the staff recommendation as listed above. The motion carried by unanimous roll call vote. C. Consider Formation of a Teen Council. Staff Recommendation: Approve Teen Council Guidelines. In response to Councilmember Hunter, Ms. Adams said grade point average has not been considered as a threshold for service on the Council. In response to Councilmember Wozniak, Ms. Adams said that the Teen Council was not planned to be televised. Councilmember Wozniak indicated that he believed televising the Teen Council should be a future goal. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve the Guidelines set forth in the staff report with the addition of an annual joint meeting with the Council. The motion carried by unanimous voice vote. D. Consider Pro osal for Arro o Vista Recreation Center Grand O enin Festivities. Staff Recommendation: 1) Select May 21, 1994 as the date for Arroyo Vista Recreation Center Grand Opening festivities; 2) Authorize staff to expend up to $1,600 of the Tenth Anniversary surplus funds on the Grand Opening festivities. Ms. Adams deferred the staff report. Minutes of the City Council Moorpark, California Page 13 February 16, 1994 MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to approve the staff recommendation listed above. The motion carried by unanimous voice vote. E. Consider Changing the Scope of the Spring Road Bridge Improvement Project from Rehabilitation to Bridge Replacement. Staff Recommendation: 1) Approve changing the Spring Road Bridge Improvement Project from rehabilitation to replacement; 2) Direct staff to request that Caltrans confirm the funding of this bridge replacement project in the amount of $506,000, 3) Direct staff to proceed with the preparation and distribution of an RFP for the preparation of design plans and specification for the bridge reconstruction project and to bring back to the City Council a recommendation regarding the selection of a project design engineer. CONSENSUS: By consensus, this item was continued to March 2, 1994. F. Consider an Ordinance Amending the Municipal Code by Revising Chapter 5.52 Relative to Mobilehome Park Rent Stabilization. Staff Recommendation: Introduce and conduct the first reading of the Ordinance. CONSENSUS: By consensus, this item was continued to March 2, 1994. G. Consider Draft Growth Management Ordinance Developed by Ad Hoc Committee. Staff Recommendation: Direct staff to schedule a City Council public hearing for review of the draft growth management ordinance. Mr. Aguilera gave the staff report. MOTION: Councilmember Hunter moved and Councilmember Perez seconded a motion to place this item on the Town Hall meeting agenda for discussion; with free double -sided copies of the ordinance to be provided to the public; a public hearing to be scheduled for a special meeting on March 23; one potential additional Saturday meetings to be scheduled. The motion carried by unanimous voice vote 12. ORDINANCES: None. 13. FUTURE AGENDA ITEMS: None. Minutes of the City Council Moorpark, California Page 14 February 16, 1994 14. CLOSED SESSION: No closed session was held. 15. ADJOURNMENT: Mayor Lawrason adjourned the meeting at 11:05 p.m. l� Paul W. Lawrason Jr., MAkor ATTEST: illian E. Hare, City Clerk J � A 7- !!