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HomeMy WebLinkAboutMIN 1995 0517 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California May 17, 1995 A Regular Meeting of the City Council of the City of Moorpark was held on May 17, 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 7:18 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led jointly by Nathan Ouellette and Kai Schott. 3. ROLL CALL: Present: Councilmembers Hunter, Montgomery, Perez, Wozniak, and Mayor Lawrason Staff Present: Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Ken Gilbert, Director of Public Works; Jim Aguilera, Director of Community Development; Christine Adams, Director of Community Services; Mary Lindley, Assistant to the City Manager; Dirk Lovett, Assistant City Engineer; Don Reynolds, Administrative Services Manager; Lieutenant Marty Rouse, Sheriff's Department; Lillian Hare, City Clerk; and Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: A. Recognition of Miss Moorpark, Becky Bryan, and Miss Teen Moorpark, Tracey Wallace Mayor Lawrason indicated that Miss Moorpark, Becky Bryan, and her court would be recognized at the June 7 meeting as she wasn't able to be present this evening. Mayor Lawrason presented certificates of recognition for Miss Teen Moorpark, Tracy Wallace, and First Princess, Laurel Heitzman. He also presented certificates of recognition to Veronica Brooks, Rene Kinnan, of the Miss Teen Moorpark court. B. Recognition of Disaster Preparedness Class Graduates. Mary Lindley assisted Mayor Lawrason in presenting certificates to the Disaster Preparedness Class graduates. 00008 Minutes of the City Council Moorpark, California Page May 17, 1995 C. Recognition of Nathan Thomas Ouellette, Eagle Scout Award. Mayor Lawrason presented a Certificate of Recognition to Nathan Ouellette for his achievement of Eagle Scout. D. Recognition of Kai Chadwick Schott, Eagle Scout Award. Mayor Lawrason presented a certificate of recognition to Kai Chadwick Schott for his accomplishment of Eagle Scout. E. Proclamation recognition Moorpark Senior Center, Incorporated. Mayor Lawrason indicated :his item would be continued to the June 7 meeting. F. Introduction of Susan Meyer, new Records Clerk. Mayor Lawrason indicated that Susan Meyer was unable to be in attendance. AT THIS POINT in the meeting, the Council recessed to convene the Redevelopment Agency meeting. The time was 7:37 p.m. The Council reconvened into Open Session at 7:40 p.m. 5. REORDERING OF, AND ADDITIONS 10 THE AGENDA: None. 6. PUBLIC COMMENT: Connie Lawrason, 4291 Ambermeadow Street, gave the CTAC /SSTAC report. She indicated that SB821 monies had been approved and the City of Moorpark came in second in the rating. She also indicated her support of the police bicycle patrol. Leslie James, 655 Bard Street, addressed the Council regarding the need for affordable housing. David Aguirre, 633B New Los Angeles Avenue, addressed the Council regarding the need for affordable rental housing and affordable homes for purchase. Gerald Goldstein, 11932 Los Angeles Avenue, said he agreed with the need for affordable rousing in the City. 80609 Minutes of the City Council Moorpark, California Page May 17, 1995 Eloise Brown, 13193 Annette Street, spoke regarding the increased Peach Hill Road speed limit. She said she was concerned with the children at Mesa Verde School crossing Peach Hill Road with the new speed limit in effect. She also spoke regarding the publication of the County's Flood Control Assessment, and the cable tv franchise and trash service billings. 7. COMMITTEE REPORTS: None. 8. CONSENT CALENDAR: MOTION: Councilmember Hunter moved and Councilmember Montgomery seconded a motion to pull Items 8.E. and 8.F. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of the Regular City Council Meeting of March 15, 1995. Consider Approval of Minutes of the Special Citv Council Meeting of March 22, 1995. Consider Approval of Minutes of the Regular City Council Meeting of April 5, 1995. Consider Approval _of_Minutes of the Special Citv Council Meeting of May 1, 1995. Staff Recommendation: Approve the minutes as processed. B. Consider Approval of the Warrant Register. Manual Warrants 2610; - 2610 " $ 3,472.00 Regular Warrants 26110 - 26235 $360,001.49 Staff Recommendation: Approve the warrant register. C. Consider Opposing SB 176, Household Hazardous Materials - Information Alternatives. Staff Recommendation: Oppose SB 176 and authorize the Mayor to send letters expressing the City Council's position 00610 Minutes of the City Council Moorpark, California Page May 17, 1995 D. Consider Closure of City with July 4th Holiday. recommends closure of conjunction with the July to use available leave on pay. iall on July Staff Recoi City Hall 4th holiday that day or 3rd in Conjunction emendation: Staff on July 3rd in and allowing staff take leave without G. Consider Master Plan of Drainage. Staff Recommendation: Receive and file the report. H. Consider Approval of Lot Line Adjustment 95 -2. A Request to Modify the Property Line Between Parcels A & B Which Are Located in the Carlsberg Specific Plan No. 92 -1. Staff Recommendation: Receive and file the report. I. Consider Approval of Minor Modification No. 5 to Development Plan No. 290 (Litton) . Staff Recommendation: Receive and file the report. The following items were pulled from the Consent Calendar for individual consideration: E. Consider Approval of a Change to the Design for the Walnut Street Reconstruction Project to Preserve Two Existing Trees. Staff Recommendation: Approve a field change to the project design, as generally described on Exhibit 'A' of the staff report, to allow the two existing trees near the southwest corner of Walnut Street and Charles Street to be protected in place. Councilmember Montgomery indicated he pulled this item for the public's benefit and requested the Director of Public Works to provide Lnformation relative to this matter. Mr. Gilbert said the resolution would allow a field change during construction to preserve the trees. He said three parking spaces would be lost at the southwest corner as opposed to the two previously designated in the design because of this change. MOTION: Councilmember Hunter moved and Councilmember Wozniak seconded a motion to approve a field change to the project design as generally described In Exhibit A of the staff report to allow the two existing trees near the southwest corner of Walnut Street and Charles Street to be protected in place. The motion carried by unanimous voice vote. 86011 Minutes of the City Council Moorpark, California Page May 17, 1995 Mayor Lawrason requested that a copy of this information be provided to Joy Cummings. F. Consider Amicus Brief Harris v. County of Madera - Unfunded Mandates Related to Housing Element Law. Staff Recommendation: Join Amicus. Councilmember Perez requested that the Council defer action on this item until he has an opportunity to review the information relative to Harris and their reason for bringing suit on this matter. Mr. Kueny indicated that if the June 7 meeting is too late to provide this information to the Council, that it will be agendized for the Special Meeting of May 24. MOTION: Councilmember Perez moved and Mayor Lawrason seconded a motion to continue this matter to May 24 or June 7 as dictated by the timing of the -itigation hearing. The motion carried by unanimous roll --all jote 9. PUBLIC HEARINGS: None. 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Montgomery requested that staff prepare a report on the ability of the legislative body to control the billing practices of the cable companies. He also requested the Ad Hoc Committee negotiating for the residential and commercial refuse contracts review trash billing practices. Councilmember Perez said the radar trailer should be placed at Laurelhurst and Rolling Knoll 11. ACTION /DISCUSSION: A. Consider Approval of a Project to Reconstruct the Parkway Landscaping on the West Side of Spring Road South of Peach Hill Road. Staff Recommendation: 1) Approve the subject project for a total cost not to exceed $6,000. Mr. Gilbert gave the staff report. Councilmember Perez said the City should find out if the trees are able to be saved by cutting the roots and putting root barriers in place. 00011 Minutes of the City Council Moorpark, California Page f. May 17, 1995 Councilmember Montgomery indicated he is against the removal of the trees. He also said he could not support funding the cost from the Assessment District. He suggested hiring an arborist to look at the trees to determine if they can be saved. Mr. Kueny requested that the Council set a dollar amount to be used for retaining an arborist to check two or three of the trees relative to saving them. MOTION: Councilmember Montgomery moved and Mayor Lawrason seconded a motion to approve $1200 to be funded from the existing appropriation of Gas Tax Funds to be used to pay an arborist to examine two or three of the trees to determine if they can be saved; report to be provided back to the Council. The motion carried by unanimous voice vote. Councilmember Perez indicated it would be helpful in future to see the cost of force account items included in the report. B. Consider Upgrade of Central Computer System. Staff Recommendation: Approve 1) the purchase of IBM AS400 and associated financial software proposed by BRC, 2) Declare the System 36 as "surplus" and authorize its disposition to IBM in exchange for $1, 500 credit towards the purchase of the AS400, and 3) Consider reappropriating the balance of the budgeted amount of $50,000 estimated to be $8,940, for the upgrade of PC's. Mr. Reynolds gave the staff report. Mr. Hare explained that this appropriation was made in the 94/95 budget. He said there will be a surplus that staff would like to use to upgrade the accounting computer. Jan Myers, representative from BRC, responded to Council questions. Mayor Lawrason said he was in agreement with the recommendation. Councilmember Montgomery indicated the $8,900 should be part of the overall strategy being developed for the total City computer system. He said he wanted to see a standardization that he was not seeing at present. 00613 Minutes of the City Council Moorpark, California Page May 17, 1995 MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to approve the purchase of the IBM AS400 and associated financial software proposed by BRC and Attachment C of the staff report dated May 17; to declare the System 36 as surplus and authorize its disposition to IBM in exchange for $1500 credit towards the purchase of the AS400 and; to reallocate $1,000 of the balance of the budgeted amount to upgrade PC's as determined by the Deputy City Manager. The motion carried by unanimous voice vote. C. Consider Bicycle Patrol in the City of Moorpark. Staff Recommendation: Approve the Moorpark Police Department to solicit donations for possible funding of the police bicycles and uniforms. Lieutenant Rouse gave the staff report. In response to Councilmember Hunter, Lieutenant Rouse said he hopes to implement the program by midsummer. In response to Mayor Lawrason, Lieutenant Rouse indicated that the bikes were specially made. MOTION: Councilmember Montgomery moved and Councilmember Montgomery seconded a motion to give approval for the Moorpark Police Department to solicit donations for possible funding of the police bicycles and uniforms for this program; the funds to be deposited into the City's trust account. The motion carried by unanimous voice vote. Councilmember Perez said he would like a report for the plans for the program as the funds are spent. D. Consider Proposal Accepting Increased Staffing and Costs Associated with COPS FAST Grant. Staff Recommendation: Authorize the Mayor to sign and submit the COPSFAST grant with the understanding that participation shall be subject to available revE-nues. Lieutenant Rouse gave the staff report. Mayor Lawrason indicated that although participation in the COPS FAST GRANT would require a large amount of money, he felt it was best to submit the grant application and defer the final judgment on whether to accept the grant at a later date. 00614 Minutes of the City Council Moorpark, California Page f May 17, 1995 MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to authorize the Mayor to submit the grant with the understanding that participation would be subject to adequate revenues being available in the Fiscal Year 95/96 Budget. The motion carried by unanimous voice vote. E. Consider Letter Apnealing_to Southern California Railroad for Changes to the Scheduling of Construction. Repairs and Maintenance of Railroad Crossings on Heavily Travelled Streets and Roads. Staff Recommendation: Authorize the Mayor to write on behalf of the City Council to Southern Pacific Railroad informing them of the problem and concern, and requesting that they consider such when scheduling of maintenance, repair and construction crews. Mr. Hare gave the staff report. Councilmember Wozniak requested that the letter to Southern Pacific Railroad be worded as strongly as possible and specify the changes that the City wants to see and elaborate the hours of peak traffic in the City. He also said if City police are required to monitor the railroad's traffic arms, the railroad should be billed for the police officers' time. Councilmember Perez said the signals should be taken off circuit during maintenance cycles. Councilmember Hunter indicated that the City Manager or Deputy City Manager should be authorized to address in a more proactive manner any situation arising with railroad blockages. He said they should take whatever action they deem appropriate. Gerald Goldstein, 11932 Los Angeles Avenue, addressed the Council regarding the blockage of the street by train. OA *6 1S Minutes of the City Council Moorpark, California Page May 17, 1995 MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to authorize the Mayor to write on behalf of the City Council to Southern Pacific Railroad informing them of the problem and concern, and requesting that they consider such when scheduling of maintenance, repair and construction crews; the letter to be worded as strongly as possible specifying changes that the City wants to see and indicating hours of peak traffic in the City; the letter to indicate that if City police are required to monitor railroad traffic arms the railroad will be billed for police officers' time; the letter to request that the signals be taken off - circuit during maintenance cycles. The motion carried by unanimous voice vote. F. Update on Assembly Bill 1669 (AB1669) - Commercial Traffic Legislation. Staff Recommendation: Direct staff as deemed appropriate. Councilmember Hunter provided an update on Assembly Bill 1669 relative to commercial traffic legislation. He said the bill is awaiting its turn in the Rules Committee. He said as a result of meetings that the staff and Council have had with the California Highway Patrol, more resources have been committed, targeting commercial traffic in the City. He said inspections will be routine three days a week. Councilmember Perez said the City must continue to monitor the activity and make sure it does not get pulled back. Councilmember Hunter said what is lacking now is local control over the resources. G. Consider Resolution No. 95 -1124. Relative to Presubmittal No. 95 -5 on the Application of Ali Z. Boukhan - Requesting the City Council to Consider Revisions to Section 17.20.060 (Permitted Uses in Commercial and Industrial Zones) of the Moorpark Municipal Code (City of Moorpark Zoning Ordinance) to Allow Automobile Service Stations in Industrial Zones. Staff Recommendation: Adopt Resolution No. 95 -1124 directing the Planning Commission to study, set a public hearing and provide a recommendation to the City Council pertaining to the proposed change to the City's Zoning Ordinance. 041014 Minutes of the City Council Moorpark, California Page 10 May 17, 1995 Mr. Aguilera gave the staff report. In response to Councilmember Hunter, Mr. Aguilera said Section 1 should read "...the initiation of proceedings to consider amendments..." rather than "initiation of amendments ". Mr. Aguilera said Section 3 will state that Planning Commission is authorized to consider both a change in the Land Use Designation and rezoning. MOTION: Councilmember Montgomery moved and Mayor Lawrason seconded a motion to adopt Resolution No. 95 -1124 as amended to authorize the Planning Commission to consider both a change in the Land Use Designation and rezoning of the property. The motion carried by unanimous voice vote. H. Consider Funding for 1995 Summer Concerts in the Park Program. Staff Recommendation: Appropriate $1,300 from the General Fund Reserve and transfer same to Special Events budget line item (01.4.148.642) to assist with funding of the summer corcerts in 1995. Ms. Adams gave the staff report. In response to Councilmember Perez, Ms. Adams indicated that the funding for the summer concerts in the park program will be part of the upcoming budget discussions. MOTION: Councilmember Perez moved and Mayor Lawrason seconded a motion to appropriate $1300 from the General Fund Reserve and to transfer same to special events budget line item 01.4.148.642 to assist with funding of the summer concerts in 1995. The motion carried by tnanimous roll call vote. I. Consider Fourth of July Fireworks Program. Staff Recommendation: Consider including funding for proportional contribution for a .Tuly 3 or 4, 1996 event in the 1995 -96 City budgE't. Ms. Adams gave the staff report. Debi Ryono, 4458 Cedarglen Court, addressed the Council saying that the Moorpark News Mirror would commit up to $7800 in matching funds or they will give $7,000 outright for this event. She said she envisioned sixty minutes of entertainment prior to the fireworks and would like to get the service clubs invclved. 00017 Minutes of the City Council Moorpark, California Page 11 May 17, 1995 In response to Councilmember Perez, Ms. Ryono indicated that the newspaper is requesting City co- sponsorship, permission to use Arroyo Vista Community Park, and that the City pick up the cost for law enforcement. In response to Council question, Mr. Hare indicated that the City has special event insurance but this event would not qualify for receiving that special event insurance because the School District facilities would be used for the event. Councilmember Perez requested that the City move the proposed July 9 concert to July -�. Ms. Ryono said the newspaper would handle advertising. Mr. Kueny said this item could be concluded this evening with Council direction on appropriation of monies and with the direction to staff that the insurance be "worked out" by staff. He said the funding does not need to be approved as it will be a part of the fiscal 95/96 budget. He said the direction could be given to move the concert to July 3 and that liability issues be worked out by staff; that the City would pay the cost for law enforcement and that staff will only be involved on the day of the event; that security will be provided by volunteers at the park.. Mr. Kueny indicated that this matter could be placed on the May 24 agenda for a report to the Council on the resolution of these items. Councilmember Montgomery indicated he believed this matter was being decided too quickly without adequate review and study. He indicated he would vote against it. MOTION: Councilmember Perez moved and Councilmember Hunter seconded a motion to direct staff to move one summer concert to July 3 to be held at the Moorpark High School stadium; insurance coverages to be "worked out" by staff; to appropriate approximately $2.000 in the 95/96 budget for police services; approximately 30 hours of Community Services staff time to be donated; a status report to be provided on May 24 and /or June 7 as needed. The motion carried by roll call vote 4 -1, Councilmember Montgomery dissenting. 60018 Minutes of the City Council Moorpark, California Page 12 May 17, 1995 J. Reconsider Membership of Board of Appeals. Staff Recommendation: Rescind Resolution No. 95 -1110 and authorize appointment of hearing officer to serve as Board of Appeals. In response to Council question, Mr. Kueny indicated that the cost per person to sit on the board would be approximately $500.00. He said the funding will come out of professional services from the City's share of building permit fees. In response to Council question, Ms. Kane indicated that the appointment is to be made by the governing body and serve at the pleasure of that body. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to authorize that three hearing officers be appointed to the Board of Appeals and that a resolution rescinding Resolution No. 95 -1110 be returned to the Council for approval at :he next meeting. The motion carried by unanimous voice vote. K. Consider Proposed Goals and Obiectives for 1995196. Staff Recommendation: Direct staff as deemed appropriate. (Continued item) CONSENSUS: By consensus, this matter was continued to the next meeting. 12. ORDINANCES: A. Second Readina and Adoption of Hillside Ordinance No. 207 - City of Moorpark. Staff Recommendation: Adopt Ordinance No. 207. Ms. Kane read the ordinance title. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to read the ordinance title only and waive further reading. The motion carried by unanimous voice vote. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to adopt Ordinance No. 207 as read. The motion carried by unanimous voice vote. The Board of Appeals was reconvened and adjourned at 11:22 p.m. @019 Minutes of the City Council Moorpark, California Page 13 May 17, 1995 13. CLOSED SESSION: MOTION: Councilmember Perez moved and Mayor Lawrason seconded a motion to adjourn to Closed Session for discussion of all items. A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) to Section 54956.9 of the Government Code: (Number of cases to be discussed - two) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - two) C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (pursuant to Government Code Section 54957) Title: City Manager, Deputy City Manager, Director of Community Services, Director of Community Development, Public Works Director, City Clerk, Chief of Police, City Engineer, and City Attorney D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (pursuant to Subdivisior (a) Government Code Section 54956.9) Name of Case: D.W. Burhoe Construction, Inc. vs. City of Moorpark The motion carried by voice vote 4 -1, Councilmember Montgomery dissenting. Present in Closed Session were all Councilmembers, but Councilmember Montgomery; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; and Cheryl Kane, City Attorney. The time was 11:23 p.m. The Council adjourned from Closed Session at 11:40 p.m. Mr. Kueny stated that Items 13.A. and B. had been discussed and that the City Council directed the City Attorney to initiate a civil action and once the action is formally commenced, the identity of the action, defendant and other particulars will be disclosed to any person upon inquiry. He indicated there was no other action to report out of closed Session. DOG20 Minutes of the City Council Moorpark, California Page 14 May 17, 1995 MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to reject the claim of David Shaw and so notify the claimant. The motion carried by voice vote 4 -0, Councilmember Montgomery absent for the vote. 14. ADJOURNMENT: Mayor Lawrason adjourned the meeting at 11:40 p.m. � L L Paul W. Lawr son Jr., ATTEST: illian E. Hare, City Clerk r 00621