HomeMy WebLinkAboutMIN 1995 0118 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California January 18, 1995
A Regular Meeting of the City Council of the City of Moorpark was
held on January 18, 1995 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 7:24 p.m.
Mayor Lawrason stated that Councilmember Hunter is not in
attendance this evening because he is attending a conference
for the City sponsored by the League of California Cities.
2. PLEDGE OF ALLEGIANCE:
Councilmember Montgomery led the Pledge of Allegiance.
3. ROLL CALL:
Present: Councilmembers Montgomery, Perez, Wozniak
and Mayor Lawrason
Absent: Councilmember Hunter
Staff: Steven Kueny, City Manager; Richard Hare,
Deputy City Manager; Christine Adams,
Director of Community Services; Jim
Aguilera, Director of Community
Development; Ken Gilbert, Director of
Public Works; Cheryl Kane, City Attorney;
Mary Lindley, Assistant to the City
Manager; Dirk Lovett, Assistant City
Engineer; Lieutenant Marty Rouse,
Sheriff's Department; Debra Traffenstedt,
Senior Planner; Lillian Hare, City Clerk;
Dorothy 'andaveer, Deputy City Clerk
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
A. Presentation to Sara Lady for contribution to Ventura
County Transportation Commission calendar.
Mayor Lawrason presented a certificate of recognition to
Sara Lady for her contribution to the VCTC calendar.
B. Presentation of the Radar Trailer.
Lieutenant Rouse narrated a video presentation on the new
radar trailer.
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5. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
6. PUBLIC COMMENT:
Eloise Brown, 13193 Annette Street, spoke in opposition to the
construction of median and parkway landscaping on Princeton
Avenue, Campus Park Drive and the Peach Hill Road as it would
increase the Assessment District 84 -2 assessments. She also
complained about the fencing around the public works yard.
7. COMMITTEE REPORTS:
None.
8. CONSENT CALENDAR:
MOTION: Councilmember Wozniak moved and Councilmember
Montgomery seconded a motion to pull Items 8.F., 8 . H. and 8.J.
and approve the balance of the Consent Calendar. The motion
carried by roll call vote 4-0, Councilmember Hunter absent for
the vote.
A. Consider Minutes of the Adjourned Regular City
Council Meeting of November 9, 1994.
Consider Minutes of the Special City Council
Meeting of December-14, 1994.
Consider Minutes of the Adjourned Regular City
Council Meeting of December 14, 1994.
Consider Minutes of the Special City Council
Meeting of December. 7, 1994.
Consider Minutes of the Regular Citv Council
Meeting of December 7,-1991-
Staff Recommendation Approve minutes as
processed.
B. Consider Approval of the Warrant Reaister.
Manual Warrants 25116 - 25119,
25121 -25125 $ 17,109.75
Voided Warrants 23241, 23351, 23787,
24727 & 25109 $ (539.65)
Regular Warrants 25130 -25234 $284,232.30
Staff Recommendation: Approve the Warrant
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Register.
C. Consider Staff Attendance at California Parks and
Recreation Conference, March 2 - 5. 1995. Staff
Recommendation: Amend the budget detail for
01.4.148.632 (Conference and Meetings) to allow
three (3) staff members to attend the California
and Pacific Southwest Recreation and Park
Conference in San Jose, March 2 - 5, 1995.
D. Consider Update on Villa Campesina Park. Staff
Recommendation: Receive and file the report.
E. Consider Participation in the "Smart Card"
Demonstration Project. Staff Recommendation:
Decline Moorpark's participation in the "Smart
Card" demonstration project and direct staff to
communicate the Council's action to the Ventura
County Transportation Commission.
G. Consider Resolution No. 95 -1097 Rescinding
Resolution No. 94 -1018 and Adopting Revised Parking
Restrictions on Park Lane and Lassen Avenue. Staff
Recommendation: Adopt Resolution No. 95 -1097
rescinding Resolution No. 94 -1018 and establishing
revised parking restrict i.ons on Park Lane and
Lassen Avenue.
I. Consider Exoneration of Grading Security C.D. #1714
(Bank of America) for Mike and Diana Caro 6131
Gabbert Road. Staff Recommendation: 1) Accept the
grading for the new single family residence located
at 6131 Gabbert Road as complete; and 2) Authorize
the City Clerk to release the aforementioned
Certificate of Deposit #17143 -00175 (Bank of
America) in the amount of $24,000.
K. Consider Working Paper on Unassigned Waste
Submitted by California Integrated Waste Management
Board (Board) and Provide Written Comments. Staff
Recommendation: Direct staff to write a letter
expressing support for regulations assigning the
unassigned waste to the jurisdiction in which the
facility is located (the host jurisdiction).
The following items were pulled from the Consent Calendar
for individual consideration:
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F. Consider Bids for the Construction of Median and
Parkway Landscaping on Princeton Avenue, Campus
Park Drive and Peach Hill Road. Staff
Recommendation: 1) Approve amendments to the FY
1994/95 budget for citywide capital improvements
for Assessment District 84 -2 defined as follows: 2)
Princeton Medians/ parkways (023- 400 - 903 - 0221): from
$77,000 to $37,000 ($40,000 decrease); b) Campus
Park Drive (023- 400 - 903 - 0354): from $30,000 to
$49,000 ($19,000 increase); c) Peach Hill Road
(023- 400 - 903 - 0353): from $18,754 to $43,000
($24,246 increase); d) S/S L.A. Avenue E/O Tierra
Rejada Rd. (023- 400 - 903 - 0218): from $20,000 to
$10,025 ($9,975 decrease); 3) W/S Tierra Rejada
Road S/O L.A. Avenue (023- 400 - 903 - 0226):
from $0 to $5,924; 2) Approve a Scope of Work for
the project which does not include the solar -
powered controller; 3) Award a contract for the
subject construction to Cascade Sprinklers, Inc.
for the bid amount of $109,305.00; 4) Approve a
project contingency in the amount of $11,000 and
authorize the City Manager to approve increases in
the scope of work not to exceed said amount; and,
5) Authorize the Mayor to sign necessary contract
documents.
In response to Councilmember Perez, Mr. Gilbert replied
that it would take 17 years to recoup the cost of solar
powered irrigation controllers
In response to Councilmember Montgomery, Mr. Gilbert
indicated that the resultant impact of construction of
these projects to Assessment District 84 -2 assessments
will be approximately a one to two dollar increase per
single - family residence
In response to Councilmember Perez, Mr. Hare replied that
a six -month report on revenue July through December 1995
would be provided to the Budget and Finance Committee at
the end of February. He said the six -month figures would
provide a good baseline as the Council begins considering
the capital improvement program in March.
In response to Councilmember Perez, Mr. Gilbert said bid
prices are good for 60 days from the date of the bid
opening which was January 4, 1995.
Councilmember Perez indicated that he feels confident
staff has a good feel for Council's intent as to drought
tolerance composition of the landscaping, but he said he
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felt this project would be better addressed as part of
the complete picture of the budget.
Councilmember Wozniak indicated until Council has a
definitive report from staff relative to the impacts to
the Assessment District, he does not want to move forward
with the project.
Mr. Kueny suggested that the matter be brought back at
the second meeting in February and that Sunridge be asked
to look at the design from a maintenance standpoint to
determine if there were any enhancements that would save
money on maintenance.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to continue this matter to February
15, 1995 as an Action /Discussion item. The motion carried by
voice vote 4 -0, Councilmember Hunter absent for the vote.
H. Consider Approval of Minor Modification No. 3 and
Adoption of Resolution No. 95- 1 Rescinding
Resolution 90 -630 Which Approved Major Modification
No. 1 to DP 348. Staff Recommendation: Adopt
Resolution No. 95- rescinding Resolution No. 90-
630 and approving Minor Modification No. 3 to DP
348.
Mr. Aguilera said that relative to the proposed
resolution Section 2. No. 1, the applicant had requested
a change in Sunday operation hours of 9:00 a.m. to 6:00
p.m. Mr. Aguilera said he recommended approval of the
resolution with that change.
Mike Thackar, 8619 Reseda Blvd., No. 302, Northridge,
addressed the Council as the applicant. He indicated
that Sunday is his most important business day and he
would like to be able to open at 9:00 a.m. and conduct
business until 6:00 p.m
Councilmember Perez said if there had been a continuing
problem with the residents adjoining this facility, it
would have been brought to the Council's attention. He
indicated he could support 9:00 a.m. to 6:00 p.m.
operation on Sunday.
MOTION: Councilmember Perez moved and Councilmember
Montgomery seconded a motion to revise Sunday hours of
operation to be from 9:00 a.m. to 6:00 p.m.
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Mayor Lawrason indicated he could support hours of
operation of 10:00 a.m. to 6:00 p.m.
CONSENSUS: By consensus, the Council determined to table the
item until the original resolution of approval could be
checked for current permitted hours of operation and vote on
the motion on the floor at that time.
J. Consider Approval of Radar Purchase Reauest. Staff
Recommendation: 1) Authorize purchase of the
Kustom Eagle radar unit or another unit that has
equal radar capabilities, after receiving bids; 2)
Transfer the purchase price ($2,500) of the radar
from the equipment replacement fund (account 31) to
the specialized equipment fund (account
01.4.121.906).
Councilmember Perez indicated he requested this item to
be pulled to note that the amount and the staff
recommendation is actually $2,500 not $25,000.
In response to Councilmember Perez, Lieutenant Rouse
indicated that seven years is the maximum life of radar
because of its sensitive internal circuitry. He said one
of the backup units is 10 years old and the other one is
five years old.
MOTION: Councilmember Perez moved and Councilmember
Montgomery seconded a motion to approve the staff
recommendation to authorize the purchase of a custom Eagle
radar unit and a transfer of $2,500, the purchase price of the
radar, from the equipment replacement fund to the specialized
equipment fund 01.4.121.906. The motion carried by roll call
vote 4 -0, Councilmember Hunter absent for the vote.
9. PUBLIC HEARINGS:
A. Adopt Resolution No. 95 -1098 Approving the City's 1995
Americans with Disabilities Act Paratransit Plan Update.
Staff Recommendation: Receive public testimony and adopt
Resolution No. 95- approving the City's 1995 Americans
with Disabilities Plan update.
Ms. Lindley gave the staff report.
Mayor Lawrason opened the public hearing.
The Deputy City Clerk stated that this is a duly noticed
public hearing and the proof of publication is on file in
the City Clerk's office
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As there were no speaker cards received for this item,
Mayor Lawrason closed the public hearing.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to approve Resolution 95 -1098
approving the City's 1995 American's with Disabilities Act
Paratransit Plan Update. The motion carried by voice vote 4-
0, Councilmember Hunter absent for the vote.
10. ANNOUNCEMENTS AND FUTURE AGENDA LTEMS:
Councilmember Perez requested a staff report on the Violence
Prevention Pre - Summit workshop attended by the Director of
Community Services.
Councilmember Perez indicated a Citizen Application workshop
would be held at the Community Center and to call 983 -2336,
extension 224 or 223 for more information.
11. ACTION /DISCUSSION:
A. Consider Appointments to the Parks and Recreation
Commission. (Continued item)
Mayor Lawrason listed the nominees for the Parks and
Recreation Commission to be David Badoud, Arlene Butler,
James Hartley, Harold Jordan, Sandra Thompson and John
Hall. He indicated that Ginger Stratton had not
reapplied.
NOMINATION: Mayor Lawrason nominated and Councilmember Perez
seconded the nomination of David Badoud to the Parks and
Recreation Commission. The nomination carried by voice vote
4 -0, Councilmember Hunter absent for the vote.
NOMINATION: Mayor Lawrason nominated and Councilmember
Wozniak seconded the nomination of Arlene Butler to the Parks
and Recreation Commission. The nomination carried by voice
vote 4 -0, Councilmember Hunter absent for the vote.
NOMINATION: Mayor Lawrason nominated and Councilmember
Wozniak seconded the nomination of James Hartley to the Parks
and Recreation Commission. The nomination carried by voice
vote 4 -0, Councilmember Hunter absent for the vote.
NOMINATION: Mayor Lawrason nominated and Councilmember
Montgomery seconded the nomination of Sandra Thompson to the
Parks and Recreation Commission. The nomination carried by
voice vote 4 -0, Councilmember Hunter absent for the vote.
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Moorpark, California Page 8 January 18, 1995
NOMINATION: Mayor Lawrason nominated and Councilmember
Wozniak seconded the nomination of John Hall to the Parks and
Recreation Commission. The nomination carried by voice vote
4 -0, Councilmember Hunter absent for the vote.
B. Consider Approval of the City's Legislative Program for
1995. Staff Recommendation: Approve the Legislative
Program for 1995. (Continued Item 11.L. from 12/14/94;
Item 11.A. from 1/4/95; Item 1`..A. from 1/11/95)
Ms. Lindley gave the staff report.
The following was discussed by the Council and amended as
indicated:
Local Government Finance, bullet 9 "Support the repeal of
SB2557 which imposed booking fees and additional property
tax administration collection fees or that allow cities
to collect fees from convicted persons as part of their
sentencing ", to be changed by deleting "fees from
convicted persons as part. of their sentencing."
General Government, bullet 8 "Support legislation that
would change the Election Code provisions if no one or
only one person has been nominated to office to allow for
automatic appointment to office ", to be deleted in its
entirety.
Local Government Finance, bullet 4, "Support measures
which safeguard existing revenue sources from preemption
or seizure by the state or county ", to be changed to
insert the word "city" prior to the word "revenue ".
Local Government Finance, bullet 5, "Oppose any change in
revenue allocations which would negatively affect
Municipal Government, including the redistribution of
sales tax, property tax, transient occupancy tax and
vehicle in lieu fees ", to be amended to read "Oppose any
change in revenue allocations which would negatively
affect the City of Moorpark, including but not limited to
the redistribution of sales tax, property tax, transient
occupancy tax, and vehicle in lieu fees."
Labor Relations, bullet 2, "Oppose any efforts which
would reduce local authority to resolve public employee
disputes, and impose regulations of an outside agency
(such as the Public Employee Relation Board), to be
deleted in its entirety
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Moorpark, California Page 9 January 18, 1995
Labor Relations, bullet 6, "Oppose legislation that would
remove the separation of the PERS fund from the state's
budget ", to be deleted in its entirety.
Public Safety, bullet 5, "Support legislation that
provides cities that are bisected by State highways with
the authority to perform safety inspections on trucks ",
to be amended to read: "Support legislation that
provides cities that are bisected by State highways by
way of surface streets with the authority to perform
safety inspections on trucks."
Environment, bullet 4, "Support legislation that would
transfer funding responsibility for water course
pollution prevention programs to the State or Federal
governments ", to be amended to clarify that this refers
to unfunded mandates.
General Government, bullet 7, "Oppose legislation that
preempts local ordinances ", to be deleted in its
entirety.
MOTION: Mayor Lawrason moved and Councilmember Perez seconded
a motion to approve the legislative program as amended this
evening. The motion carried by voice vote 4 -0, Councilmember
Hunter absent for the vote.
C. Consider a Date for City Council Emergency Response
Training. Staff Recommendation: Set a date and time for
City Council emergency response training. (Continued Item
11.C. from 1/11/95)
Ms. Lindley gave the staff report.
CONSENSUS: By consensus, the Council determined to schedule
the emergency response training for February 22, 1995.
D. Consider Town Hall Meeting Schedule for 1995. Staff
Recommendation: Direct staff as deemed appropriate.
(Continued Item 11.J. from 1/11/95)
CONSENSUS: By consensus, the Council determined to schedule
April 22, July 22, and October 28 as Town Hall Meeting dates;
the meeting places to be determined by staff at rotating sites
in the City.
Councilmember Perez said consideration might be given to
scheduling a Town Hall Meeting in conjunction with
another event in order to draw more people to the Town
Hall meeting.
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AT THIS POINT in the meeting, the Council returned to
consideration of Item S.H.
H. Consider Approval of Minor Modification No. 3 and
Adoption of Resolution No. 95- Rescinding Resolution
90 -630 Which Approved Manor Modification No. 1 to DP 348.
Staff Recommendation: Adopt Resolution No. 95-
rescinding Resolution No. 90 -630 and approving Minor
Modification No. 3 to DP 348.
Mr. Aguilera indicated that the current allowed hours of
operation are from 8:00 a.m. to 8:00 p.m. Monday through
Saturday and from 10:00 a.m. to 4:00 p.m. on Sunday.
AMENDMENT TO THE MOTION: Councilmember Montgomery moved to
amend and Councilmember Perez seconded the amendment that the
hours of operation be 8:00 a.m. to 8:00 p.m. Monday through
Saturday and that all hours )f operation be documented in a
new resolution.
VOTE ON THE AMENDMENT: The amendment carried by voice vote 4-
0, Councilmember Hunter absent for the vote.
VOTE ON THE MAIN MOTION: The motion failed by voice vote 2 -2,
Mayor Lawrason and Councilmember Wozniak dissenting and
Councilmember Hunter absent for the vote.
MOTION: Councilmember Montgomery moved and Councilmember
Wozniak seconded a motion that the hours of operation be from
8:00 a.m. to 8:00 p.m. Monday through Saturday and from 10:00
a.m. to 6:00 p.m. on Sunday; resolution 95 -1099 to be adopted
as amended. The motion carried by voice vote 4 -0,
Councilmember Hunter absent for the vote.
E. Consider Name for Downtown Park Site. Staff
Recommendation: Review names as submitted by Parks and
Recreation Commission ind select one name for the
downtown park site.
Ms. Adams gave the staff report.
Councilmember Perez indicated his choice for the downtown
park name is Poindexter Park.
Mayor Lawrason indicated his choice of name for the
downtown park to be Heritage Memorial Park.
Councilmember Montgomery indicated he favored the name
Poindexter Park.
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Councilmember Wozniak indicated his concurrence of the
choice of Poindexter Park as the name for the downtown
park.
MOTION: Councilmember Wozniak moved and Councilmember Perez
seconded a motion to name the downtown park Poindexter Park.
The motion carried by voice vote 4 -0, Councilmember Hunter
absent for the vote.
AT THIS POINT in the meeting, the Mayor declared a recess.
The time was 9:18 p.m. The Council reconvened at 9:45 p.m.
F. Consider Prescreenina ADDlication No. 95 -1 for General
Plan Amendment to have General Plan Land Use Map
Correspond to Existing Zoning ( Colmer). Staff
Recommendation: Require the applicant to simultaneously
process a General Plan Amendment to high density and a
change of Zone to RPD (Residential Planned Development)
in conjunction with the filing of a tentative map and
Residential Planned Development Permit.
Mr. Aguilera gave the staff report.
Elaine Freeman, 2509 East Thousand Oaks Blvd, Thousand
Oaks, spoke representing Colmer Development. She
requested that the staff recommendation be approved by
the Council.
Councilmember Montgomery indicated his belief that the
request by Colmer Development was a reasonable one.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to approve the staff recommendation to
require the applicant to simultaneously process a General Plan
Amendment to high density and a change of zone to RPD
(Residential Planned Development) in conjunction of a filing
of a Tentative Map and Residential Planned Development permit.
The motion carried by voice vote 4 -0, Councilmember Hunter
absent for the vote.
G. Consider Staff Comments on Callequas Municipal Water
District (CMWD) Draft Program Environmental Impact Report
(EIR) for the Las Posas Basin Aquifer Storage and
Recovery Project. Staff Recommendation: Direct staff to
prepare a comment letter to CMWD on the Draft Program EIR
which includes both Cite Council and staff comments.
Ms. Traffenstedt gave the staff report.
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The Council discussed the following points for inclusion
in the comment letter to be prepared by staff relative to
the draft program Environmental Impact Report for the Los
Posas Basin Aquifer Storage and Recovery Project:
1. The City to request clarification regarding the
legal rights CMWD presently has to use the City
street rights of way identified in the draft EIR.
2. That the impact discussion does not adequately
address the potential for increased liquefaction
impacts from the proposal to inject water into the
aquifer.
3. The City concurs that site specific geotechnical
studies should be conducted after selection of the
preferred location for the pipeline to ensure
construction would withstand the greatest
forecasted geologic- event on the Simi Santa Rosa
Fault.
4. The City to request that tunnelling techniques be
considered for potential alignments along Los
Angeles Avenue, New Los Angeles Avenue, Spring
Road, and Tierra Rejada and to communicate the
City's concern regarding any proposal to disturb
the new roadbed surface or Tierra Rejada Road.
5. Clarification to be requested relative to the
mitigation being planned for the hydro pump station
regarding its location in a sensitive habitat area.
6. That the City would be opposed to the location of
the CMWD pipeline along the Arroyo Simi if it would
reduce the area available for riparian woodland
creation and reduce the opportunity for public
trails or pathways located along the Arroyo Simi.
CONSENSUS: By consensus, the Council determined to direct
staff to draft a comment letter on the draft program
Environmental Impact Report for the Los Posas Basin Aquifer
Storage and Recovery Project including those points outlined
in the staff report dated January 1', 1995 and including the
Council comments this evening.
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Moorpark, California Page 13 January 18, 1995
H. Consider Project Pride Annual Report. Staff
Recommendation: 1) Accept the Annual Evaluation of
Moorpark Project Pride from E1 Concilio for 1992 -94; 2)
Discontinue funding for Project Pride after January 31,
1995.
Mr. Kueny indicated that a request had been received from
El Concilio to continue this matter.
MOTION: Councilmember Montgomery moved and Councilmember
Wozniak seconded a motion to continue this matter to February
1, 1995. The motion carried by voice vote 4 -0, Councilmember
Hunter absent for the vote.
12. ORDINANCES:
A. Second Reading and Adoption of Ordinance No. 203 - An
Ordinance of the City of Moorpark, California, Approving
Zone Change No. 93 -3, An Application Submitted by UWC-
Moorpark Investors, Ltd. to Change the Zoning Designation
from RPD 13.28u to RPD 12.2lu
Ms. Kane read the ordinance title.
MOTION: Councilmember Montgomery moved and Councilmember
Wozniak seconded a motion to waive further reading and declare
Ordinance No. 203 read for the second time. The motion
carried by voice vote 4 -0, Councilmember Hunter absent for the
vote.
MOTION: Councilmember Montgomery moved and Councilmember
Wozniak seconded a motion to adopt Ordinance No. 203 as read.
The motion carried by voice vote 4 -0, Councilmember Hunter
absent for the vote.
13. CLOSED SESSION:
None was held.
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Minutes of the City Council
Moorpark, California
14. ADJOURNMENT:
Mayor Lawrason adjourned
ATTEST:
Page 14 January 18, 1995
the meeting at 10:13 p.m.
r"
Paul W. Law on Jr., Ma
LL
F r
Ir;%u-ee_
Lillian E. Hare, City Clerk
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