HomeMy WebLinkAboutMIN 1995 0705 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California July 5, 1995
A Regular Meeting of the City Council of the City of Moorpark was
held on July 5, 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 7:59 p.m.
2. PLEDGE OF ALLEGIANCE:
Councilmember Wozniak led the Pledge of Allegiance.
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; Deborah Traffenstedt,
Senior Planner; Mary Lindley, Assistant to the
City Manager; Dirk Lovett, Assistant City
Engineer; Lieutenant Marty Rouse, Sheriff's
Department; Lillian Hare, City Clerk; and
Dorothy Vandaveer, Deputy City Clerk
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
A. Presentation by Ventura County Library Services Agency.
Dixie Adeniron, Director of the Ventura County Library
Services Agency, spoke regarding the 1995/1996 Ventura
County budget and how it will affect the funding for the
County libraries.
Sara Ellenwood, librarian for the Moorpark branch of the
library, addressed the Council and outlined two proposals
for increasing the hours of operation for the Moorpark
library. She stated that Proposal 1 would increase the
hours by 9 per week at a cost of $23,400 over a twelve-
month period; and Proposal 2 would increase the hours by
22 per week at a cost of $52,000 over a twelve -month
period.
Ms. Adeniron addressed the Council again and indicated
that there will be a budget study session with the Board
of Supervisors on July 12 to discuss Funding Solution
Alternatives.
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5. REORDERING OF, AND ADDITIONS TO THE AGENDA:
July 5, 1995
CONSENSUS: By consensus, the Council determined to consider
Item 11.E. as the first Action /Discussion item.
6. PUBLIC COMMENT:
Gerald Goldstein, 11932 Los Angeles Avenue, addressed the
Council regarding the need for libraries.
7. COMMITTEE REPORTS:
Councilmember Perez stated that he attended the League of
California Cities Economic Development /Affordable Housing
Committee meeting on June 29 and will report on this at the
next Quarterly Meeting of the League of California Cities'
Channel Counties Division.
8. CONSENT CALENDAR:
MOTION: Mayor Lawrason moved and Councilmember Perez seconded
a motion to pull Item 8.K. and approve the balance of the
Consent Calendar. The motion carried by unanimous roll call
vote.
A. Consider Minutes of the Special City Council Meeting of
May 24, 1995.
Consider Minutes of the Regular City Council Meeting of
May 17, 1995.
Consider Minutes of the Adjourned Regular Meeting of the
City Council of June 14, 1995.
Consider Minutes of the Adjourned Regular Meeting of the
City Council of June 20, 1995.
Consider Minutes of the Special Meeting of the City
Council of June 7, 1995.
Consider Minutes of the Special Meeting of the City
Council of June 14. 1995.
Staff Recommendation: Approve the minutes as processed.
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B. Consider Approval of Warrant Register.
July 5, 1995
Fiscal Year 1994/1995:
Manual Warrants 27143 - 27144,
27301 -27302 $ 1,691.24
Regular Warrants 27303 -27386 $104,393.02
Fiscal Year 1995/1996:
Regular Warrants 27396 -27403 $ 7,617.38
Staff Recommendation: Approve the Warrant Register.
C. Consider Tract 4637 (South Village) Grading Export.
Staff Recommendation: Approve the requested export
quantity and route.
D. Consider Annual Cost -of- Living Adjustment for Street
Sweeping Contract. Staff Recommendation: Receive and
file the report.
E. Consider Resolution No. 95 -1138 Approving IPD 95 -1.
TT4986 (West America Construction Corporation) A Proposal
to Construct Three Industrial Buildings on Poindexter
Avenue. Staff Recommendation: Adopt Resolution No. 95-
1138.
F. Consider Resolution No. 95 -1139 Establishing the Salaries
for Competitive Service, Non - competitive Service, and
Hourly Employees. and Rescinding Resolution No. 95 -1050.
Staff Recommendation: Adopt Resolution No. 95 -1139.
G. Consider Memorandum of Agreement with the Public
Employees Association of Ventura County. Service
Employees International Union (SEIU) for FY 1995/96 and
1996197. Staff Recommendation: Approve the Memorandum
of Agreement for FY 1995/96 and 1996/97 subject to final
language approval of the City Manager.
H. Consider Executive Secretary Job Share Position. Staff
Recommendation: Approve the Executive Secretary Job
Share Position as outlined in the staff report and
proceed with recruitment.
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I. Consider Reauest from Burke, Williams and Sorensen for an
Increase in the City Attorney Rate and Monthly Retainer
Fee. Staff Recommendation: Approve addendum to
agreement for City Attorney services which increases the
City Attorney rate from $135/$165 to $140/$170, monthly
retainer fee for the first 20 hours of service from
$1,500 to $2,000 and other hourly rate increases per the
staff report.
J. Consider Adjustment to the Contract Price for the
Installation of Conduits for Street Lighting and Other
Utilities on High Street. Staff Recommendation: Approve
an adjustment to the contract price for the subject
project from $106,459 to $119,459.
The following item was pulled from the Consent Calendar for
individual consideration:
K. Consider Use of a Portion of Budget Appropriation for At
Risk Youth Program for Summer Program at Moorpark Project
Pride. Staff Recommendation: Approve $1,200 for summer
program at Project Pride.
Councilmember Perez left the dais so as to remove any
perception of a conflict of interest as he serves on the
Board of Directors of El Concilio de Condado, sponsor of
Project Pride program.
MOTION: Mayor Lawrason moved and Councilmember Wozniak
seconded a motion to approve $1,200 for a summer program at
Moorpark Project Pride. The motion carried 4 -0, Councilmember
Perez absent for the vote.
Councilmember Perez returned to the dais.
9. PUBLIC HEARINGS:
None.
10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Mayor Lawrason complimented City staff for their role in the
coordination and planning of the July 3rd fireworks
celebration. He stated it was a job well done and was well
attended by the community.
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11. ACTION /DISCUSSION:
E. Consider Request by Mr. Saadallah ( "SmogPro") Regarding
Use of His Property at 347 Moorpark Avenue as a Truck
Rental Yard and a Recreational Vehicle Yard. Staff
Recommendation: Direct staff as deemed appropriate.
Councilmember Wozniak requested that this item be
continued to July 19 because he has received telephone
calls from citizens who live in the vicinity of this
business and they want to be present when this item is
considered. Councilmember Wozniak said due to their
schedules the concerned citizens were unable to attend
the meeting this evening. He said he would like
direction given to staff to notify the residents on the
east side of McFadden Avenue and those on Moorpark
Avenue, both adjacent to and across the street from this
site, of the date that this item will be considered.
Councilmember Hunter requested that it be continued to
August 2 with the current enforcement action being
suspended pending action by the Council at that meeting.
Mr. Saadallah, spoke as owner of SmogPro, 347 Moorpark
Avenue, and requested that the Council approve the use of
his property as a truck rental yard and a recreational
vehicle storage yard. He stated that he was not aware of
any concerns by the neighbors.
MOTION: Councilmember Wozniak moved and Mayor Lawrason
seconded a motion to continue this item to August 2, 1995.
The motion carried by unanimous voice vote.
A. Consider Appointment of Seven to Nine Teen Council
Members to the Teen Council. Staff Recommendation:
Appoint Teen Council Members for a one year term to begin
July 1, 1995 and end June 30, 1996. (Continued item)
Mayor Lawrason stated that one of the overall criteria
the Council hoped to achieve with the Teen Council is to
have a representation of different grade levels.
MOTION: Mayor Lawrason moved and Councilmember Montgomery
seconded a motion to appoint Stephanie Bowman, Ginny Hankins,
Patricia Isidro, Oscar Rocha, Anthony Paul Rodriguez, Joshua
Scherbenski, Fernando Serra, Ari Shaw, and John Sherwood to
the Teen Council for a one year term to begin July 1, 1995 and
to end June 30, 1996. The motion carried by unanimous voice
vote.
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B. Consider Appeal No. 95 -2 (Braemar Urban Ventures) - Appeal
of Director of Community Development's Decision Requiring
Need for a General Plan Amendment for Allowing 120
Residential Units in Conjunction with Construction of New
Elementary School at Casey Road High School Site Staff
Recommendation: Direct staff as deemed appropriate.
(Continued item)
Councilmember Wozniak left the dais because he is
employed by the Moorpark Unified School District and will
not be present during consideration of this item so as to
remove any perception of a conflict of interest.
Mr. Kueny stated that notification had been received by
the City just prior to the meeting that Braemar Urban
Ventures is withdrawing the appeal of the Director of
Community Development's decision.
No action was taken by the Council since the appeal was
withdrawn by the applicant.
Councilmember Wozniak returned to the dais.
C. Consider Amending the City Council Policy Regarding the
Method Used to Select and Hire Environmental Consultants
for Specific Plans. Staff Recommendation: Direct staff
as deemed appropriate. (Continued item)
Mr. Aguilera gave the staff report.
Councilmember Montgomery stated that it seems unfair to
allow one landowner to hire their own consultant to do a
certification on property that is owned by them and to
have the City choose a consultant for another landowner
to use. He said he could entertain a compromise to allow
the choice of consultant be made by the Council if an
applicant requests it. He said he will consistently vote
to allow the applicant and the property owner to hire
someone of their own choosing.
In response to Council question, Mr. Aguilera said the
City has provided the applicant of Specific Plan 2 a
choice of approved contractors and they have interviewed
each of them and selected the one to be used. He
continued by explaining that a scope of work was then
negotiated and a contract is now being finalized.
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Councilmember Wozniak stated that he favors allowing the
applicant to make the selection with the Council's
approval. He said some groundrules should be set to
allow more open communication between the applicant and
the consultant.
MOTION: Councilmember Wozniak moved and Councilmember
Montgomery seconded a motion that the City allow the process
of selection of environmental consultants for specific plans
to be such that, at the request of the applicant at the time
of filing his Specific Plan, he can request City Council
approval to select a consultant of applicant's choice. The
motion carried by unanimous voice vote.
D. Consider Further Studv of a Potential Northerly Alignment
for the Future Extension of State Route 118 (SR -118) and
Related Circulation Alternatives. Staff Recommendation:
Direct the Mayor and staff to meet with identified County
officials regarding a potential northerly alignment for
the extension of SR -118 and related circulation
alternatives.
Debbie Traffenstedt gave the staff report.
Councilmember Hunter said it would be desirable if the
elected officials would meet to discuss the alternatives
and to have others included in the meeting such as
personnel from Caltrans, the utility companies, and other
appropriate persons.
Mr. Kueny indicated that the Ventura County staff who
should be in attendance are the County Planning Director
and the County Public Works Director.
MOTION: Councilmember Hunter moved and Councilmember
Montgomery seconded a motion to direct the Mayor and staff to
meet with County officials regarding a potential northerly
alignment for the extension of SR -118 and related circulation
alternatives. The motion carried by unanimous voice vote.
F. Consider Discussion of the Feasibility of Constructing -a
Temporary Traffic Signal at the Intersection of Tierra
Relada Road and Moorpark Road. Staff Recommendation: 1)
Direct staff to secure participation of the County of
Ventura for one -third of the total cost of the project;
2) Direct staff to proceed with the action as described
in the staff report upon receipt of approval of County
funding; 3) Approve an appropriation and budget amendment
for this project in the amount of $70,000 (26- 142 -903) to
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be funded by a loan from the
Rejada Road /Spring Road Area
Not to Exceed $35,000). (ROLL
July 5, 1995
Gas Tax fund to the Tierra
of Contribution (Net Cost
CALL VOTE REQUIRED)
Ken Gilbert gave the staff report.
He indicated that the County of Ventura has offered to
purchase a controller for the traffic signal and that the
cost is now estimated to be $70,000. He stated that
half of this amount would be reimbursed by the County
when payment is made for the controller. The County to
pay for 90% of the controller.
MOTION: Councilmember Montgomery moved and Councilmember
Wozniak seconded a motion to direct staff to proceed with the
following action upon receipt of approval of County funding:
a) proceed with the installation of a temporary traffic signal
at the intersection of Moorpark Road and Tierra Rejada Road,
utilizing a fixed -time controller, b) upgrade the design for
this installation to use a traffic - actuated controller with
detector loops, provided all or a majority of the costs for
this upgrade can be reimbursed by one of the methods described
in the report dated 6/27/95; and to approve an appropriation
and budget amendment for this project in the amount of $70,000
(26- 142 -903) to be funded by a loan from the Gas Tax fund to
the Tierra Rejada Road /Spring Road AOC (Net cost Not to Exceed
$35,000 because of County contribution to cost of controller).
The motion carried by unanimous roll call vote.
G. Consider Design for Parkway and Sidewalk Improvements on
the West Side of Spring Road South of Peach Hill Road.
Staff Recommendation: 1) Select Design Alternate #1 and
direct staff to proceed with project implementation using
contract services as defined in the staff report; 2)
Approve an appropriation of funds and a budget amendment
for the project as follows: a) 003 - 142 - 903 -0280 -
$9,000; b) 023 - 400 - 903 -0280 - $4,000. (ROLL CALL VOTE
REQUIRED)
Ken Gilbert gave the staff report.
In response to Council question, Mr. Gilbert explained
that the maintenance costs would be an additional charge
to the assessment district.
Councilmember Perez stated that he prefers Alternate 4,
but with the deletion of the two foot wide strip of
sidewalk adjacent to the block wall.
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In response to Councilmember Hunter, Mr. Kueny stated
that only Alternates 1 and 4 propose the removal of any
trees.
MOTION: Councilmember Perez moved and Councilmember
Montgomery seconded a motion to adopt Alternate #4 as follows:
1) remove and replace sidewalks required for the installation
of tree grates; 2) remove and replace other lifted sidewalks
as required; 3) install tree grates (1/2 tree grate at each
tree); 4) the number of trees and tree well grates will be a
maximum of six (6) ; and Approve an appropriation of funds and
a budget amendment for the subject project as follows: 003-
142- 903 -0280 - $6,000 and 023 - 400 - 903 -0280 - $2,550. The
motion carried by unanimous roll call vote.
12. ORDINANCES:
None.
13. CLOSED SESSION:
MOTION: Councilmember Perez moved and Mayor Lawrason seconded
a motion to adjourn to Closed Session for discussion of Item
13.A. to address the claim of Ann Marie LoPiccolo, 13.B. for
only one item instead of the two as listed, and 13.C. for all
items on the agenda.
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 - three)
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
The motion carried by voice vote 4 -1, Councilmember Montgomery
dissenting. The time was 10:35 p.m.
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Moorpark, California Page 10 July 5, 1995
Present in Closed Session were all Councilmembers, but
Councilmember Montgomery; Steven Kueny, City Manager; Richard
Hare, Deputy City Manager; and Cheryl Kane, City Attorney.
Mr. Hare and Ms. Kane left the meeting at 10:50 p.m.
The Council adjourned from Closed Session at 11:20 p.m.
MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion to reject the claim of Ann Marie LoPiccolo
and so notify the claimant. The motion carried by voice vote
4 -0, Councilmember Montgomery absent for the vote.
Mr. Kueny stated that Items 13.A., 13.B., and 13.C. had
been discussed. He indicated there was no action to
report out of Closed Session.
14. ADJOURNMENT:
Mayor Lawrason adjourned the meeting at 11:20 p.m.
Paul W. Lawrason Jr., Mayor
ATTEST: By Mayor Pro Tem Bernardo M. Perez
illian E. Hare, City Clerk
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