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HomeMy WebLinkAboutMIN 1996 0117 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California January 17, 1996 A Regular Meeting of the City Council of the City of Moorpark was held on January 17, 1996 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 7:08 p.m. 2. PLEDGE OF ALLEGIANCE: Nyall Robert London, Jr. led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Hunter, Perez, Wozniak, and Mayor Lawrason Staff Present: 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; Lt. Marty Rouse, Sheriff's Department; Lillian Hare, City Clerk; Dorothy Vandaveer, Deputy City Clerk. 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: A. Recognition of Moorpark Sheriff's Department. Mayor Lawrason presented a certificate of recognition to Lt. Marty Rouse in appreciation for the service to the community of all the officers in the Moorpark Sheriff's Department. B. Recognition of Eagle Scout, Nyall Robert London, Jr. Mayor Lawrason presented a certificate of recognition for his achievement of Eagle Scout. C. Recognition of the Moorpark Boys and Girls Club Tenth Anniversary. Mayor Lawrason presented a City plaque to Bruce Thomas. AT THIS POINT IN THE MEETING the Council recessed in order to convene the Redevelopment Agency. The time was 7:20 p.m. The Council reconvened at 7:21 p.m. Minutes of the City Council Moorpark, California Page 2 January 17, 1996 5. REORDERING OF, AND ADDITIONS TO THE AGENDA: CONSENSUS: By consensus the Council determined to adjourn to Closed Session for the consideration of one item under 12.A. during the first Council recess. 6. PUBLIC COMMENT: Lynn Owens, 4647 Adonis Place, thanked Councilmember Wozniak for his quick response to her concerns regarding A.C. Construction. 7. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to pull items 7.F., 7.I., 7.P., 7.R. and 7.S. and approve the balance of the Consent Calendar. The motion carried by roll call vote 4 -0. • • - • • • • y - • - - • y - - • • Staff Recommendation: Approve the minutes as processed. As of January 3, 1996: Manual Warrants 28808 - 28810, 28951 $ 13,247.48 Voided Warrant 28920 (30,402.46) Regular Warrants 29250 -29359 $ 500,944.83 As of January 17, 1996: Manual Warrants 29360 -29363 $ 16,445.13 Voided Warrants 28505 & 29250 (160.87) Regular Warrants 29366 -29466 $ 350,989.21 Staff Recommendation: Approve the Warrant Register. C. Consider Authorizing Recordation of the Notice of Completion for Sidewalk Construction Project 95 -1. Staff Recommendation: 1) Accept the work as completed, subject to satisfactory completion of the maintenance period; 2) Instruct the City Clerk to file the Notice of Completion for the project; 3) Authorize the release 1711 -1 Minutes of the City Council Moorpark, California Page 3 D. E. January 17, 1996 of the retention upon satisfactory clearance of the thirty -five (35) day lien period. and Amendment to the Budget for Said Projgct. Staff Recommendation: 1) Accept the work as complete, subject to satisfactory completion of the maintenance period; 2) Instruct the City Clerk to file the Notice of Completion for said project; 3) Authorize the release of the retention upon satisfactory clearance of the thirty five day lien period; and 4) Approve an additional appropriation from the Gas Tax Fund and amend Acc. No. 03.142.903.009 from $10,000 to $20,000. Avenue and Roberts Avenue. Staff Recommendation: Approve the Certificates of Acceptance for the Sidewalk Easements identified in the staff report and direct the City Clerk to record said certificates and related Easement Deeds. G. Consider Adoption of Resolution No. 96 -1173 Authorizing Submittal of a Grant Application Under the Hazard Mitigation Grant Program for Partial Funding of the Spring Road Bridge. Staff Recommendation: Adopt Resolution No. 96 -1173 authorizing submittal of the subject Hazard Mitigation Grant Program Application. H. Preparation of Engineer's Reports for Assessment District 84 -2 (Lighting and Landscaping Maintenance) and Assessment District 85 -1 (Parks_ Maintenance) for FY 26197; and 2) Approval of Consulting Services Required for the Preparation of Said Engineer's Reports and Other Related Services. Staff Recommendation: 1) Adopt Resolution No. 96 -1174 authorizing preparation of an Engineer's Report for the Moorpark Lighting and Landscaping Maintenance Assessment District 84 -2 for FY 1996/97, said report to include provisions allowing for the establishment of a new Zone of Benefit for the maintenance of certain landscaping within the Mountain Meadows Planned Community (PC -3); 2) Adopt Resolution No. 96 -1175 authorizing preparation of an Engineer's Report for the Moorpark Parks Maintenance Assessment District 85 -1 for FY 1996/97; 3) Approve the selection of Dwight French and Associates to prepare FY 96/97 Engineer's Reports for AD 84 -2 and AD 85 -1 for a fee WW113 Minutes of the City Council Moorpark, California Page 4 J. 13 L. January 17, 1996 not to exceed $10,800 ($7,980 for the reports plus a Not to Exceed Amount of $2,920 in reimbursable expenses); and, 4) Authorize the City Manager to sign a letter of agreement with Dwight French and Associates for said services. HUD Required "Analysis of Impediments to Fair Housing Choice ". Staff Recommendation: 1) Authorize the use of $1,200 of the current CDBG administrative allocation of $23,000, for payment to the County to complete the HUD required Fair Housing Impediment Study; and 2) Authorize the City Manager to enter into agreement with the County for the services described in the staff report subject to approved final language from the City Attorney and City Manager. in SIUWort of the Redevelopment Agency's Housing Rehabilitation Program. Staff Recommendation: Authorize the City Manager to prepare and submit an application for 1996/1997 H.O.M.E. Program Funds in the amount of $50,000 to augment and potentially expand the City's existing Housing Rehabilitation and Loan Program outside of the Redevelopment Area. Fence Enclosure for Area Behind City Hall. Staff Recommendation: Appropriate $2,000 from General Fund Reserves to 01.4.149.900 (Facility Capital Improvements) to contract for the installation of a chain link fence behind City Hall, and a wrought iron gate at the walkway entrance to the Conference Room. M. Consider Community Celebration Program. Staff Recommendation: Receive and file the report. N. at Arroyo Vista Community Park. Staff Recommendation: Approve a transfer of funds of $137.50 equally from 01.4.148.642 (Contract Services), 01.4.148.995 (Teen Programs), 01.4.148.992 (Classes) and 01.4.148.991 (Sports) to 01.4.148.906 (Capital Equipment) for a total of $550.00 for the construction and installation of a marquee sign at Arroyo Vista Community Park. O. Consider Minor Modification No. 2 to Development Plan Permit 285 (Fluid Ink Technology,,), Request for 1 E i 1 . • Minutes of the City Council Moorpark, California Page 5 January 17, 1996 Installation of Equipment Outdoors. Staff Recommendation: Receive and file the report. Q. Consider the Approval of the Parcel Map for Home Acres F}uffer Zone, PM 4997 (Urban West Communities /City of Moorpark. Staff Recommendation: 1) Authorize the Mayor and City Clerk to sign the Title Sheets and; 2) Direct the City Clerk to record Parcel Map 4997 and; 3) Direct the City Engineer to prepare and record deeds transferring Parcel A to the Homeowners Association and deed or merge Parcel C to the owners of Lot 65 Tract 4341 -2. The following items were pulled from the Consent Calendar for individual consideration: F. Consider Bids for the Construction of the Tierra Re„iada Road Subsurface Drainage System. Staff Recommendation: 1) Award a contract to CNM Paving, Inc. In the amount of $162, 521.00 for the subject project without the deduct alternate; 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. CONSENSUS: By consensus the Council determined to postpone consideration of this item until after the last Presentation /Action /Discussion item. I. Staff Recommendation: Authorize staff to request proposals for the use of CDBG funds for the upcoming 1996/97 appropriations and schedule the public hearing for March 6, 1996. Councilmember Perez requested that the recommendation appearing in the agenda report be changed to delete the words consistent with this report. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to authorize staff to request proposals for the use of CDBG funds for the upcoming 1996/97 appropriations and pursuant to the following schedule: Request for proposals 1/18/96 to 2/16/96 OM5 Minutes of the City Council Moorpark, California Page 6 January 17, 1996 Staff to review proposals 2/19/96 to 2/23/96 Open Public Hearing receive public testimony 3/6/96 Budget & Finance Committee review 3/11/96 Final appropriations 3/20/96 Proposals due to County 4/1/96 The motion carried by voice vote 4 -0. P. Pacific Capital). Staff Recommendation: 1) Approve Parcel Map 4961; and 2) Authorize the Mayor and City Clerk to sign the Title Sheets and; 3) Direct the City Clerk to record parcel Map 4961. Mayor Lawrason indicated that this item had been pulled from the Consent Calendar in error. MOTION: Mayor Lawrason moved and Councilmember Perez seconded a motion to approve Parcel Map 4961 and authorize the Mayor and City Clerk to sign the title sheets and direct the City Clerk to record the Parcel Map 4961. The motion carried by voice vote 4 -0. R. Consider Approval of Minor Modification No. 3 to Major Modification No. 2 of CPD 89 -1 Request (Ventura Pacific Capital Group. Staff Recommendation: Receive and file the report. Councilmember Wozniak requested information on the neon lights accent. In response, Mr. Aguilera said the conditions could be rewritten to indicate that the neon light accent was not to exceed one foot candle. MOTION: Councilmember Wozniak and Councilmember Perez seconded a motion to receive and file the report. The motion carried by voice vote 4 -0. S. Consider Support for Recovery of State Library Funding. Staff Recommendation: Adopt Resolution 96 -1176. Councilmember Hunter requested that Section 1 of the resolution be modified to read "The City of Moorpark recognizes the critical role libraries play in the Minutes of the City Council Moorpark, California Page 7 January 17, 1996 lives of the residents of the City and feel that it is the City's obligation to all citizens service by County Library Systems to ensure that local library's obtain adequate funding to operate at appropriate service levels." LION: Councilmember Hunter moved and Councilmember Perez seconded a motion to adopt Resolution 96 -1176 as amended by Councilmember Hunter above. The motion carried by voice vote 4 -0. 8. PUBLIC HEARING: None. 9. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Hunter indicated he would like to acknowledge the letters received from the residents of Fremont Street relative to their noise problems. 10. PRESENTATIONS /ACTION /DISCUSSION: A. Consider Request from Caltrans for the Acceptance of Traffic Signal Improvements at the Intersection of Campus Park Drive and Collins Drive. Staff Recommendation: Authorize staff to forward a letter to Caltrans stating that it is the intent of the City to accept the subject traffic signal upon completion of the modifications described in their letter dated November 22, 1995. (Continued item) Mr. Gilbert gave the staff report. In response to Councilmember Hunter, Mr. Gilbert said the traffic signal improvements would increase the level of service at the intersection. MOTION: Councilmember Perez moved and Councilmember Hunter seconded a motion to authorize staff to forward a letter to Caltrans stating that it is the intent of the City to accept the traffic signal upon completion of the modifications described in their letter November 22, 1995. The motion carried by voice vote 4 -0. B. Consider Response from Caltrans Regarding City Request -- to Restrict Left Turn Traffic at the Intersection of 010 Minutes of the City Council Moorpark, California Page 8 Los Angeles Avenue and Flory Avenue. Recommendation: Approve the Caltrans modifications to traffic controls at intersection and direct staff to eva effectiveness of same. Mr. Gilbert gave the staff report. January 17, 1996 Staff proposed the subject luate the In response to Council question, Lt. Rouse indicated that the proposed striping will help the situation. He said eventually paddle markers may need to be installed. Councilmember Wozniak said he felt a left turn pocket from Los Angeles Avenue onto Moorpark Avenue needed to be evaluated. MOTION: Councilmember Hunter moved and Councilmember Perez seconded a motion to approve the Caltrans proposed modifications to traffic control at the intersection of Los Angeles Avenue and Flory Avenue and direct staff to evaluate their effectiveness; Caltrans to be requested to evaluate a left turn pocket from Los Angeles Avenue onto Moorpark Avenue. The motion carried by voice vote 4 -0. C. Consider Authorization to Advertise for Receipt of Bids for the Construction of the Moorpark Avenue Storm Drain and the Spring Road Storm Drain. Staff Recommendation: Approve the plans and specifications for the subject project and authorize staff to advertise for receipt of bids. Mr. Gilbert gave the staff report. Councilmember Wozniak indicated that "windows of opportunity" relative to scheduling with the utility companies should be considered if necessary otherwise Spring Road should be scheduled first. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to approve the plans and specifications for the subject project and authorize staff to advertise for receipt of bids; the staff to discuss with Caltrans any "windows of opportunity" and schedule Spring Road to be completed first if there are no conflicts. The motion carried by voice vote 4 -0. 1 • Minutes of the City Council Moorpark, California Page 9 January 17, 1996 D. Consider Conceptual Proposal for the Economic Development Collaborative of Ventura County (EDC VC). Staff Recommendation: Direct staff as deemed appropriate. CONSENSUS: By consensus, the Council determined to defer this item until the arrival of Supervisor Schillo. E. Consider the Citv's Participation in Landfill Memorandum of Understanding and Solid Waste Joint Powers Authority Agreements. Staff Recommendation: Approve, in concept, the City's participation in the landfill Memorandum of Understanding and the Solid Waste Joint Powers Authority agreements. Ms. Lindley gave the staff report. Mayor Lawrason expressed his concern that he does not want transfer trucks coming through the City of Moorpark at all. Councilmember Perez expressed his concern that the question of adequate waste shed still needs to be further considered. He said the Council needs to see the tonnage projections and the projection for the life of the Simi Valley Landfill. Eloise Brown, 13193 E. Annette Street, said that the current date on the projection for the life of the Simi Valley Landfill is 2004 with the hope of extending it to 2013. Mrs. Brown asked that the City not be the first to move forward on this issue. She said waste should not be transferred through the City. MOTION: Mayor Lawrason moved and Councilmember Wozniak seconded a motion to provide conceptual approval for the City's participation in the MOU with waste management and the solid waste JPA and to direct staff to communicate the Council's action to the other participating parties. The motion carried by voice vote 4 -0. D. Consider Conceptual Proposal for the Economic Development Collaborative of Ventura County (EDC VC). Staff Recommendation: Direct staff as deemed appropriate. Minutes of the City Council Moorpark, California Page 10 January 17, 1996 At 8:40 p.m. the Council took up this item. Ventura County Board Supervisor Schillo addressed the Council and spoke in support of the Economic Development Collaborative of Ventura County. He said this organization would be able to attract federal money. He said he hopes Moorpark will appoint someone to serve as a representative. He said six cities have given their approval and the first meeting will be held on February 15, 1996. He said there will be a panel of people from around the state to initiate the EDC VC. Mayor Lawrason thanked Supervisor Schillo for his personal efforts relative to this program. Mr. Kueny clarified that the City is considering conceptual approval of the EDC VC at this time and to have a Councilmember participate in the meetings. He said the decision to actually become a member would be made at a later date. MOTION: Mayor Lawrason moved and Councilmember Hunter seconded a motion to conceptually approve the EDC VC and to move forward to join in the activities with Mayor Lawrason as the initial representative of the City. The motion carried by voice vote 4 -0. 12. CLOSED SESSION: AT THIS POINT IN THE MEETING the Council adjourned to Closed Session for discussion of item 12.B. as listed on the agenda: B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision © of Section 54956.9 of the Government Code: (Number of cases to be discussed - two) Present in Closed Session were all Councilmembers; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Ken Gilbert, Director of Public Works. The Council reconvened into open session at 9:17 p.m. Mr. Hare stated there was nothing to report and only item 12.B. had been discussed. 000020 Minutes of the City Council Moorpark, California Page 11 January 17, 1996 AT THIS POINT IN THE MEETING the Council recessed. The time was 9:18 p.m. The Council reconvened at 9:30 p.m. 10. F. Consider Revision to Facility Reservation Policy to Allow City of Moorpark Non - Profit Organizations One City Wide Event Per Year. Staff Recommendation: Approve Moorpark Operating Procedure No. 12 to amend the current facility reservation policy to allow City of Moorpark nonprofit organizations to hold one city- wide event per year with only direct staff costs being charged the organization for that one event. Ms. Adams gave the staff report. AT THIS POINT IN THE MEETING Mr. Kueny rejoined the meeting. The time was 9:31 p.m. In response to Councilmember Perez, Mr. Kueny indicated that the policy would be limited to non - profit organizations based in the City. He said other organizations could be considered by the Council on a case to case basis. MOTION: Councilmember Hunter moved and Councilmember Perez seconded a motion to approve Moorpark Operating Procedure No. 12, to amend the current facility reservation policy to allow City of Moorpark non - profit organizations to hold one city -wide event per year with only direct staff costs charged to the organization for that one event. The motion carried by voice vote 4 -0. H. Consider Administrative Permit No. 95 -20 to Planned Development Permit 863 (Tellos Mexican Food), Request for Liquor Public Convenience and Necessity Permit for Off Sale Alcoholic Beverage Sales (for Consumption Off - Site). Staff Recommendation: Adopt Resolution No. 96- Denying Administrative Permit No. 95 -20. Mr. Aguilera gave the staff report. Lt. Rouse indicated there have been no reports of disturbances at Tellos Mexican Food. He said his denial of the alcohol beverage license is based on the liquor concentration issue. Selsa Tello, 415 -417 Moorpark Avenue, addressed the 000021. Minutes of the City Council Moorpark, California Page 12 January 17, 1996 Council. She indicated she had previously had a license for alcoholic beverage off - sales. Councilmember Perez said he has no concerns about granting the ABC license as long as food sales continued at this site. Councilmember Hunter said if food sales ceased tomorrow then he was concerned that in essence the City would have a liquor store on that corner able to sell liquor without food. He said he would oppose the motion. MOTION: Councilmember Perez moved and Mayor Lawrason seconded a motion to allow off -sale of alcohol beverages based upon the continued sale of take out food; if the take out food sales cease then the license for alcoholic beverages would be revoked; if ABC refuses to issue the permit for off -sale of alcoholic beverages after being notified of City approval, then this item will be reconsidered by the Council. The motion carried by roll call vote 3 -1, Councilmember Hunter dissenting. 1 • 1 � - � � � • 1 11 - 1 • 1 - y • • � . , y • . � • � • . - 11 - 1 92 IR-159 0 IM, NOMINATION: Mayor Lawrason nominated and Councilmember Wozniak seconded the nomination of David Austin to be appointed to the Moorpark Mosquito Abatement District for a two year term to expire January 1998. The motion carried by voice vote 4 -0. • 1 - A *3 • • 1 II - 1 • 1 - y • • . - 1 • 4NOVIIINK44 Ms. Hare indicated that one of the applicants, Steve Allen, had been contacted and was not 55 or older and therefore was not eligible for the appointment. NOMINATION: Mayor Lawrason nominated and Councilmember Wozniak seconded the nomination to appoint Mary Lou Murphy to the Senior Center Advisory Committee for the term to expire November 1996. The motion carried by voice vote 4 -0. K. Consider Appointment to the Ventura County Animal Regulation Commission. CONSENSUS: By consensus, the Council did not select an ()OOOZZ Minutes of the City Council Moorpark, California Page 13 January 17, 1996 appointee but indicated that this item would be considered again after the seating of the new Councilmember. L. CONSENSUS: By consensus the Council determined not to make an appointment at this time. M. Consider Council Standing Committees and Assignments. Staff Recommendation: Direct staff as deemed appropriate. CONSENSUS: By consensus the Council determined to leave the Committees unchanged until a new Councilmember is seated, relying on alternates to serve in the interim. N. Consider Town Hall Meetina Dates for 1996. Staff Recommendation: Select meeting location(s) and date(s). CONSENSUS: By consensus, the Council determined to set the Town Hall meetings for February 3rd, April 20th, June _ 22nd and September 21st, all to be held at the Community Center; the first meeting on February 3rd to be held at 11:00 a.m. and a time for the following Town Hall meetings to be determined at the first meeting. 7. F. Consider Bids for the Construction of the Tierra Rejada Road Subsurface Drainage System. Staff Recommendation: 1) Award a contract to CNM Paving, Inc. In the amount of $162,521.00 for the subject project without the deduct alternate; 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. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to award a contract to CNM Paving, Inc. in the amount of $162,521.00 for the subject project without the deduct alternate; 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; authorized the City Manager to sign necessary contract documents. The motion carried by roll call vote 4 -0. 000023 Minutes of the City Council Moorpark, California Page 14 11. ORDINANCES: None. 12. CLOSED SESSION: January 17, 1996 Ms. Kane announced the Council would be considering a letter received from Mitch Kahn on behalf of G.H. Palmer under item 12.A. Mr. Hare announced the Council would be considering the claim of Jennifer Shaffer under item 12.A. Mr. Kueny announced the Council would be considering one case under item 12.B. MOTION: Councilmember Hunter moved and Councilmember Perez seconded a motion to adjourn to Closed Session for a discussion of those items announced by Ms. Kane, Mr. Hare and Mr. Kueny and all other items listed on the Closed Session portion of the agenda. The motion carried by voice vote 4 -0. The time was 10:42 p.m. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Jim Aguilera, Director of Community Development; Ken Gilbert, Director of Public Works. Mr. Gilbert left the Closed Session at 10:52 p.m. Mr. Aguilera left the Closed Session at 11:05 p.m. The Council reconvened into Open Session at 11 :30 p.m. Mr. Kueny stated there was no action to report under 12.A., 12.C., 12.D., and 12.E., one case was discussed under 12.B., the Council authorized initiation of litigation, the identity of which together with the defendant and other particulars shall, once formally commenced, be disclosed to any person upon inquiry. No other items were discussed. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to reject the claim of Jennifer -- Shaffer and so notify the claimant. The motion carried by 000024 Minutes of the City Council Moorpark, California Page 15 January 17, 1996 voice vote 4 -0. 13. ADJOURNMENT: Mayor Lawrason adjourned the meeting at 11:35 p.m. � '�' �P'.J V —Z 6- 4 A A , , " �. I Paul W. a ason Jr., MQbr ATTEST: 000025