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HomeMy WebLinkAboutMIN 1995 1115 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California November 15, 1995 A Regular Meeting of the City Council of the City of Moorpark was held on November 15, 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 7:09 p.m. 2. PLEDGE OF ALLEGIANCE: Jim Aguilera led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Hunter, Wozniak and Mayor Lawrason Absent: Councilmember Perez Staff Present: Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Charles Abbott, City Engineer; Christine Adams, Director of Community Services; Jim Aguilera, Director of Community Development; Ken Gilbert, Director of Public Works; Steven Hayes, Economic Development /Redevelopment Manager; Cheryl Kane, City Attorney; Mary Lindley; Assistant to the City Manager; Dirk Lovett; Assistant City Engineer; Lieutenant Rouse, Sheriff's Department; Deborah Traffenstedt, Senior Planner; Jim MacDonald, Building Official; Lillian Hare, City Clerk; Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: None. AT THIS POINT in the meeting, the City Council recessed in order to convene the Redevelopment Agency. The time was 7:14 p.m. The Council reconvened with Councilmembers Hunter, Perez, Wozniak and Mayor Lawrason at 7:16 p.m. 000002 Minutes of the City Council Moorpark, California Page 2 November 15, 1995 S. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 6. PUBLIC COMMENT: Marianne Carlin, 4772 Talmadge Road, addressed the Council regarding the traffic and noise on Tierra Rejada Road. She indicated that her home backed up to Tierra Rejada Road and that the noise and pollution from the traffic is almost unbearable. Connie Lawrason, 4291 Ambermeadow Street, reported to the Council on the latest CTAC /SSTAC meeting. Mr. Tyler and Mr. Samarin, 14530 Jone Bridge, Baldwin Park, from Terra Cal indicated they were present to answer any questions. Alex Mireles, 661 East Channel Islands Blvd, Oxnard, representing the Center for Contract Compliance, addressed the Council. He said the Center has filed wage complaints against Terra Cal due to nonpayment of prevailing wage on their jobs. He requested that Terra Cal be considered a nonresponsive bidder with regard to the Poindexter Park bid. Rob Jacolone, 4473 Cedarglen, addressed the Council representing the Moorpark Little League. He stated that the Little League was not in a position to pay the additional monies requested by the City for the construction of the restroom /concession facility at Poindexter Park. Michael Intlekofer, 4859 Elderberry Avenue, addressed the Council as the current President of the Moorpark Little League. He said there is a change in the agreement that the Moorpark Little League had with the City. He said the additional dollars requested to be paid are approximately 50 percent of their total annual operating budget. He requested that the City honor the original agreement. Laura Burchfield, 12345 Sunnyglen, addressed the Council as the Treasurer of the Moorpark Little League. She said they do not have the additional funds to fulfill the request the City has made regarding Poindexter Park. 000003 Minutes of the City Council Moorpark, California Page 3 November 15, 1995 Colleen Hubler, 11910 Alderbrook Street, addressed the Council on behalf of the Moorpark Little League. She asked the City to reconsider and not require the additional funds being requested. 7. COMMITTEE REPORTS: None: 8. CONSENT CALENDAR: MOTION: Councilmember Hunter moved and Councilmember Wozniak seconded a motion to pull items 8.D, and 8.E. and approve the balance of the Consent Calendar. The motion carried by roll call vote 4 -0. A. Consider Approval of Minutes of the Town Hall Meeti of October 28, 1995. Consider Approval of Minutes of the Special City Council Meetinq of October 18, 1995. Consider Approval of Minutes of the Regular City Council Meeting of September 20, 1995. Consider Approval of Minutes of the Regular city council Meeting of October 4, 1995. Consider Approval of Minutes of the Regular Cit Council Meetinq of October 18, 1995. Staff Recommendation: Approve the minutes as processed. B. Consider Approval of Warrant Register. Manual Warrants Regular Warrants Staff Recommendation 28451 -28456 $ 16,327.05 28461 -28572 468,146.99 Approve the Warrant Register. ()UUU()4 Minutes of the City Council Moorpark, California Page 4 November 15, 1995 C. Consider Bids for the Construction of the Tierra Rejada Road Storm Drain Inlet Project. Staff Recommendation: 1) Award a contract to Timothy J. Ferrie in the amount of $14,351.00; 2) Approve a ten percent contingency for the project and authorize the City Manager to approve additional work, if required, for an amount not to exceed ten percent of the contract; 3) Authorize the City Manager to sign necessary contract documents; and, 4) Approve an appropriation of funds from the Gas Tax Fund and an amendment to the FY 1995/96 budget in the amount of $18,000 (03 -142- 903 - 0248). F. Consider Operational Area Agreement for Emergency Management Among the cities of Ventura County and the County of Ventura. Staff Recommendation: Approve the Operational Area Agreement and authorize the Mayor to execute the Agreement on behalf of the City. G. Consider Cooperative Agreement with Ventura County Transportation Commission (VCTC) for Section 9 Federal Transportation Administration Funding. Staff Recommendation: Approve the Cooperative Agreement with VCTC for Section 9 Federal Funding Transportation Administration funds and direct the Mayor to sign the Agreement on behalf of the City. H. Consider Resolution No. 95 -1158 Approving and Authorizing the Mayor and the City Manager to execute a Cooperation Agreement by and Between the Moorpark Redevelopment Agency and the City of Moorpark for Various Public Works Sidewalk Improvement Projects. Staff Recommendation: Approve Resolution No. 95 -1158 authorizing the Mayor and City Manager to execute the Cooperation Agreement by and between the City of Moorpark and the Moorpark Redevelopment Agency. I. Consider Resolution No. 95 -1159 and Resolution No. 95- 1160 Rescinding Resolution Nos. 90 -711 and 90 -712 and Reestablishing Speed Limits on the State Routes Within the City. Staff Recommendation: 1) Adopt Resolution No. 95 -1159 rescinding Resolution No. 90 -712 and reestablishing speed limits for street segments on State Route 23; and, 2) Adopt Resolution No. 95 -1160 r_esc:in( ling Resolution_ No. 90 -711 and reestablishing speed limits for street segments on State Route 118. 000003 Minutes of the City Council Moorpark, California Page 5 November 15, 1995 J. Consider Resolution No. 95 -1161 Initiating General Plan Land Use Element and Zoning Code Amendments to Create a New Open Space Land Use Designation and Zone District that Provides for More protection of Natural Open Space Areas, and to include Policy Language within the Land Use Element Relative to Protection of Greenbelt and Other Open Space Buffer Areas within the City's Area of Interest, and to accomplish Zoning Code Matrix, Table 17.20.050, Corrections. Staff Recommendation: Adopt Resolution No. 95 -1161 initiating a General Plan amendment and Zoning Code amendment. K. Consider Approval of an Addendum to the Professional Services Agreement Between the City of Moorpark and RRM Design Group for Preparation of a Downtown Specific Plan. Staff Recommendation: Authorize :he City manager to approve an Addendum to the Professional Services Agreement between the City of Moorpark and RRM Design Group, for an amount not to exceed $3,308. The following items were pulled from the Consent Calendar for individual consideration: D. Consider Award of Contract for Grading, Landscaping and Structural Improvements for Poindexter Park and Construction of Restroom /Concession Building at Arroyo Vista Community Park. Staff Recommendation: 1) Award contract for construction of grading, landscaping and structural improvements for Poindexter Park to Terra - Cal Construction of Baldwin Park, for the amount of $952,000, plus 5% contingency for both projects, and construction of Arroyo Vista Community Park restroom and concession facility for the amount of $124,000; 2) Request appropriation of $15,000 from the Redevelopment Agency to fund the balance of Poindexter Park construction, which is inclusive of a 5% contingency, and 3) Require Moorpark Little League to fund $5,580 for extension of utilities, grass infields and 20% for inspection and administration; and 4) Authorize Mayor to sign all appropriate contractua. agreements. In response to Councilmember Wozniak, Mr. Jacalone indicated that the restroom /concession bu.i.lding as it is currently designed is a collaboration between the City and the Little League. UUUUU�: Minutes of the City Council Moorpark, California Page 6 November 15, 1995 Steven Kueny stated that the Council could go forward and award the bid and then allow staff to meet with the Moorpark Little League and come up with a solution for the City Council to consider. In response to Councilmember Wozniak, Mr. Jacalone indicated that they very much want to negotiate. Councilmember Hunter said that this will not restrict the scope, the City will consider everything. In response to Councilmember Perez, Mr. Mireles, Center for Contract Compliance, reiterated that they consider Terra Cal to be a nonresponsive bidder and requested that Terra -Cal not receive the bid award. In response to Council question, Ms. Kane said that the law defines the low responsible bidder as having the fitness and capacity to satisfactorily perform the work. She said if the Council believes that Terra -Cal is able to perform, then there is no basis to deny their bid. She said that if the Council had any concerns, the Center for Contract Compliance could be asked to provide the City with a brief that would bring forward cases to support their position that not paying prevailing wage makes Terra -Cal an unsatisfactory bidder. She said the contract can be awarded by the Council to the low monetary bidder this evening. In response to Councilmember Hunter, Ms. Adams said that staff made twelve calls to public agencies in checking on Terra -Cal's references. She said all responses were positive. In response to Council question, Mr. Kueny indicated that he did not believe an appropriation from the Redevelopment Agency to fund the balance of Poindexter Park construction was necessary. AT THIS POINT in the meeting, the Redevelopment Agency was convened jointly wish the City Counci- The time was 8:15 p.m. UUUUU Minutes of the City Council Moorpark, California Page 7 November 15, 1995 4. CONSENT CALENDAR: B. Consider Additional Appropriation from Redevelopment Agency for Construction of Poindexter Park. Staff Recommendation: Appropriate $15,000 from the Redevelopment Agency to Fund 5 (Park Improvement Fund) to fund construction costs for Poindexter Park. MOTION: Agency Member Wozniak moved and Agency Member Perez seconded a motion to table this item. The motion carried by voice vote 4 -0. 5. ADJOURNMENT: Chairman Lawrason adjourned the Redevelopment Agency meeting at 8:16 p.m. E. Consider Purchase of New Computers and Upgrade of Existing Computers to Accommodate Future Networking of the Computer System. Staff Recommendation: Authorize the expenditure of $60,000 for the upgrade and standardization of City computers, through the government cooperative agreement with Computerland, and authorize the reassignment of the surplus equipment to the Department of Community Services. Councilmember Perez requested that staff provide to the Council options for disposing of the surplus computers. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to authorize the expenditure of $60,000 for the upgrade and standardization of City computers through the government cooperative agreement with Computerland and authorize the reassignment of surplus equipment to the Department of Community Services with the amendment as stated by Councilmember Perez above. The motion carried by voice vote 4 -0. 000008 Minutes of the City Council Moorpark, California Page 8 9. PUBLIC HEARINGS: November 15, 1995 A. Consider Adoption and First Reading of Ordinance No. Amending Measure F to Extend the Termination Date to December 31, 1996, and to Provide for Additional Annual Residential Development Allotments for the Extended Time Period. Staff Recommendation: Adopt Ordinance No. amending Measure F, introduce the ordinance for first reading, and waive full reading. (PUBLIC HEARING REMAINS OPEN) Ms. Traffenstedt gave the staff report. Councilmember Perez indicated that he did not recall that the Council gave specific direction about extending the ordinance, but rather requested that preparations be made so they could extend it should they determined to do so. Mayor Lawrason indicated that he was in agreement with Councilmember Perez. Carla Ryhal, no address given, spoke to the Council representing the Building Industry Association. She said she was a private land use lawyer and was the Chair of the Ventura County Building Industry Association Government Relations Committee. She indicated that the Building Industry Association was opposed to the extension of Measure F and referenced a letter from Mitch Kahn to the City dated November 6, 1995. In response to Council question, she said that Simi Valley's growth control ordinance was much more liberal than the City of Moorpark's and she further stated that the Building Industry Association did not necessarily endorse the Simi Valley ordinance. The City Clerk indicated that a letter had been received from the Environmental Coalition Moorpark Branch President, Janet Murphy, indicating that the Environmental Coalition Moorpark Branch supports extending Measure F. Councilmember Hunter expressed his desire to extend 0 ()Ij(jbs Minutes of the City Council Moorpark, California Page 9 November 15, 1995 Measure F. He indicated that he believes it is the rule of the people. Councilmember Wozniak said that the extension of Measure F makes a policy statement regarding managed growth. He said he supported the extension of Measure F. Mayor Lawrason closed the public hearing. MOTION: Councilmember Hunter moved and Councilmember Wozniak seconded a motion: to direct the City Attorney to read the title of the ord -nance extending Measure F. The motion failed by roil call vote 2 -2, Councilmember Perez and Mayor Lawrason dissenting. AT THIS POINT in the meeting, a recess was declared. The time was 8:58 p.m. The meeting reconvened at 9:10 p.m. 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Lawrason announced the City's Fall Clean Up Day on Saturday, December 2, from 8:30 a.m. until 2:30 p.m. to be held on the northeast corner of Spring Road and Flinn Avenue. He said the Rotary Club is providing pick -up assistance to Senior adults and disabled residents. He also said the public is invited to the Moorpark Holiday Craft and Gift Fair this Saturday, November 18, from 10:00 a.m. to 4:00 p.m. at the Arroyo Vista Community Park. 11. ACTION /DISCUSSION: A. Consider Revisions to the Council Rules of Procedure. Staff Recommendation: That revisions to the Rules of Procedure be made as presented and that the final document be placed on the next regular city council meeting agenda for receive and file action and that staff be directed to prepare the Mayor's script and revise Speaker Cards. Ms. Hare gave the staff report. Councilmember Hunter requested consideration for handling Council correspondence in the same way as the City of Simi Valley and Supervisor Mikels' office. He said Councilmembers should be allowed to generate Uk)(3010 Minutes of the City Council Moorpark, California Page 10 November 15, 1995 correspondence and request how that correspondence is to be copied, whether to the full Council or not. He indicated there are times when a Councilmember may want to correspond to a constituent privately. In response to Councilmember Hunter, Mayor Lawrason indicated his belief that the full Council should be copied on all correspondence created on City letterhead. Councilmember Wozniak indicated his concurrence with Mayor Lawrason on this issue. In response to Councilmember Perez, Councilmember Wozniak clarified that regarding the playing of videotape and the requirement that the videotape be produced by the person presenting it, if the person is representing a group and the videotape is made by that group that would be acceptable. Councilmember Perez concurred with Mayor Lawrason and Councilmember Wozniak regarding the handling of Council correspondence. He said it should be copied to the full Council. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to revise the Council's Rules of Procedure as presented in the staff report dated September 26, 1995 and to direct that the final document be placed on the next regular City Council meeting agenda for receive and file action and that staff be directed to prepare the Mayor's script and revised Speakers' Cards as outlined in the report. The motion carried by voice vote 4 -0. B. Consider Appointment to Fill a Vacancy on the Teen Council. MOTION: Mayor Lawrason moved and Councilmember Wozniak seconded a motion to continue this item to December 6, 1995. The motion carried by voice vote 4 -0. C. Consider Selcticn of Mayor Pro Tempore. MOTION: Mayor Lawrason nominated and Councilmember Hunter seconded the nomination of Councilmember Wozniak as Mayor Pro Tempore. The nomination carried by voice vote 4 -0. Minutes of the City Council Moorpark, California Page 11 November 15, 1995 D. Consider Southern California Association of Governments (SCAG) District 46 Representative Elections. Staff Recommendation: Consider the interest of Moorpark City Councilmembers serving as the SCAG District 46 representative. Mr. Kueny gave the staff report. Councilmember Perez indicated his interest in filling the position as the SCAG District 46 representative. CONSENSUS: By consensus, the Council determined to support Councilmember Perez in his interest in filling the SCAG District 46 representative position; staff directed to draft a letter to the other District 46 cities indicating Councilmember Perez's desire to serve as the representative. E. Consider Appeal No. 95 -4, Appeal of Director of Community Development's Decision to Require a Major Modification to PD 769 for Occupancy of an Existing Vacant Convenience Market with a Bank at 256 W. Los Angeles Avenue - Simi Valley Bank. Staff Recommendation: Direct staff as deemed appropriate. Mr. Aguilera gave the staff report. Elaine Freeman, 2509 E. Thousand Oaks Blvd, Thousand Oaks, addressed the Council 'on behalf of the applicant. She said her client did not know that the application had to be filed within 180 days in order to be approved as a Minor Modification. She said the Bank was willing to forego a drive -up teller window, hopefully removing the need for certain improvements. Marjorie Baxter, 498 -D Shelburne Lane, Simi Valley addressed the Council regarding Simi Valley Bank. She said the Bank had not been aware of the 180 day filing requirement. She provided a traffic report for distribution to the Council. In response to Council question, Ms. Kane said the Council could determine that the project be treated as a Minor Modification. Minutes of the City Council Moorpark, California Page 12 November 15, 1995 Councilmember Perez stated his belief that this was a Minor Modification situation rather than Major Modification. Mr. Kueny indicated that Park Lane improvements need to be considered during the process of conditioning the project. MOTION: Mayor Lawrason moved and Councilmember Perez seconded a motion to grant the appeal; conditions for the projec to be worked out with staff. The motion carried by voice vote 4 -0. F. Consider the Adoption of Revised Building Codes. Staff Recommendaton: 1) Introduce Ordinance No. for first reading; and 2) Direct staff to advertise the public hearing and second reading for December 6, 1995. Mr. MacDonald gave the staff report. Ms. Kane read the ordinance title. MOTION: Councilmember Wozniak moved and Mayor Lawrason seconded a motion to waive further reading. The motion carried by voice vote 4 -0. MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to declare Ordinance 210 introduced for first reading. The motion carried by voice vote 4 -0. CONSENSUS: By consensus, the Council determined to direct the public hearing be scheduled for December 6, 1995. G. Consider Rescheduling Joint City Council /Planning Commission Workshop for Specific Plan No. 2 (Morrison /JBR) and Downtown Specific Plan. Staff Recommendation: Direct staff to schedule a joint workshop for December 13, 1995. MOTION: Councilmember Wozniak moved and Mayor Lawrason seconded a motion to direct staff to schedule a joint workshop for December 13, 1995. The motion carried by voice vote 4 -0. Minutes of the City Council Moorpark, California Page 13 November 15, 1995 H. Consider Waiver of Fees for Use of Community Center, Apricot Room, for "Catch a Star Program" to be Held December 3, 1995 (5:00 p.m. to 8:00 p.m.). Staff Recommendation: Direct staff as deemed appropriate. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to waive all but out of pocket expenses for the event. The motion carried by voice vote 4 -0. 12. ORDINANCES: None. 13. CLOSED SESSION: MOTION: Councilmember Hunter moved and Councilmember Perez seconded a motion to adjourn Closed Session for a discussion of all items listed on the agenda: A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to li--igati.on 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. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Name of Case: People vs. James H. Scaroni as Trustee for the James and Lynette Scaroni Family Trust D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Name of Case: People vs. Lynette Scaroni as Trustee for the James and Lynette Scaroni Family Trust The motion carried by voice vote 4 -0. AT THIS POINT in the meeting, a recess was declared. The time was 10:19 p.m. The Council reconvened into Closed Session at 10:25 p.m. V kJ % i11. Minutes of the City Council Moorpark, California Page 14 November 15, 1995 Present in Closed Session were all Councilmembers, Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; and Ken Gilbert, Director of Public Works. Items 13.C. and 13.D. were discussed. At 10 :40 p.m. Steven Kueny left the meeting. Item 13.B. was discussed and the following action was reported out of Closed Session at 11:06 by Richard Hare, Deputy City Manager: Item 13.B: By unanimous vote, the City Council approved initiation of negotiations and legal action. The title of the action, the parties, and other participants shall be disclosed upon request once the action has been filed. Mr. Hare indicated there was no action to report regarding Items 13.C. and 13.D. 14. ADJOURNMENT: Mayor Lawrason adjourned the meeting at 11:10 p.m. L !I i 1,VV11V V-L -^- au W. La ason Jr., ATTEST: L_llian E. H`re, City Clerk ayor lyfrl.,�d�.5�