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HomeMy WebLinkAboutMIN 1996 1106 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California November 6, 1996 A Regular Meeting of the City Council of the City of Moorpark was held on November 6, 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 :01 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Perez led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Brown, Hunter, 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; Martin Cole, Management Analyst; Mary Lindley, Assistant to the City Manager; Dirk Lovett, Assistant City Engineer; Steven Hayes, Economic Development /Redevelopment Manager; Nelson Miller, Director of Community Development; Don Reynolds, Administrative Services Manager; Captain Mike Lewis, Sheriff's Department; Jill Rubin - Myers, Solid Waste Coordinator; Lillian Hare, City Clerk; Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS AND COMMENDATIONS: A. City Manager's Monthly Report. Mayor Lawrason indicated that the City Manager's Monthly Report would be reordered to the end of the proclamations and commendations. B. Introduction of Captain Mike Lewis as New Police Chief for the City of Moorpark. Mayor Lawrason introduced Captain Mike Lewis. C. Recognition of Captain Marty Rouse for His Service as Police Chief of Moorpark. Mayor Lawrason presented Captain Rouse with a City plaque "' commemorating his years of service to the City of Moorpark. Minutes of the City Council Moorpark, California Page 2 November 6, 1996 D. Presentation by Ray Hebel and Chorale. The chorale led by Mr. Hebel presented several musical selections ending with Happy Birthday sung to Mayor Lawrason. AT THIS POINT IN THE MEETING, the Mayor declared a recess. The time was 7:32 p.m. The Council reconvened at 7:48 p.m. A. City Manager's Monthly Report. Mr. Kueny gave a brief update on various projects in process within the City. He introduced Mr. Don Reynolds, Administrative Services Manager, who provided a synopsis of his primary responsibilities and current projects and activities. AT THIS POINT in the meeting, the City Council recessed to convene the Redevelopment Agency. The time was 7 :54 p.m. The Council reconvened at 8:21 p.m. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 6. PUBLIC COMMENT: Joe Latunski, 289 Casey Road, addressed the Council regarding the lack of disciplining of children that he sees. He also congratulated the winners of the election. 7. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to pull items 7.A, the Special and Regular Minutes of October 2, 1996, 7.C., 7.D., 7.G., and 7.H. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of the Special City Council Meeting of September 18, 1996. Consider Approval of Minutes of the Special City Council Meeting of October 9, 1996. `MW' Consider Approval of Minutes of the Special City Council Meeting of October 16, 1996. Minutes of the City Council Moorpark, California Page 3 November 6, 1996 Consider Approval of Minutes of the Special City Council Meetinq of October 22, 1996. Staff Recommendation: Approve the minutes as processed. B. Consider Approval of the Warrant Register. Manual Warrants 31863 -31866 $ 45,247.30 31962 -31980 Voided Warrants 28373,30052,30237, 31721,31892,31953 $ (3,218.80) Regular Warrants 31981 -32108 $544,668.14 Staff Recommendation: Approve the Warrant Register. E. Consider Resolution NO. 96 -1242 Memorializing the Appropriation of Funds for the Optical System Upgrade. Staff Recommendation: Adopt Resolution N0. 96 -1242. F. Consider Resolution No. 96 -1243 Desianatina Sierra Avenue in the Vicinity of Lassen Avenue a Through Street and Directing the Placement of a STOP Sign at the Lassen Avenue Entrance Thereto. Staff Recommendation: Adopt Resolution No. 96 -1243 designating Sierra Avenue in the vicinity of Lassen Avenue as a through street and directing the placement of a STOP sign at the westbound entrance thereto. The following items were pulled from the Consent Calendar for individual consideration: A. Consider Approval of Minutes of the Regular City Council Meeting of October 2, 1996. Consider Approval of Minutes of the Special City Council Meeting of October 2, 1996. Councilmember Hunter indicated he would abstain from voting on these minutes as he was not present at the meeting. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to approve the minutes of the Special City Council meeting of October 2, 1996 and minutes of the Regular City Council meeting of October 2, 1996. The motion carried by voice vote 4 -0, Councilmember Hunter abstaining. C. Consider Resolution No. 96 -1244 Approving a Budget Amendment for Replacement of Carpetina in the Citv Hall Minutes of the City Council Moorpark, California Page 4 November 6, 1996 Conference Room from the General Fund Reserve. Staff Recommendation: Adopt Resolution No. 96 -1244 approving a budget amendment for replacement of carpeting in the City Hall Conference Room in the amount of $815.00 from the General Fund Reserve. Councilmember Brown indicated she had provided a folder with carpet samples to staff. She said the samples were of a very stain resistant material. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to approve the staff recommendation to adopt Resolution No. 96 -1244 approving a budget amendment for replacement of carpeting in the City Hall Conference Room in the amount of $815.00 from the General Fund Reserve. The motion carried by unanimous roll call vote. D. Consider Notice of Completion for 1996 Slurry Seal Project and Resolution No. 96- Approving a Budget Amendment to Fund Remaining Expenditures for the Subject Project. Staff Recommendation: 1) Adopt Resolution No. 96- approving a budget amendment to fund remaining expenditures for the subject project from the Local Transportation 8A Fund (LTF) (Fund 203) in the amount of $60,000; 2) Accept the work as completed; 3) Instruct the City Clerk to file the Notice of Completion for the project; and, 4) Authorize the release of the retention upon satisfactory clearance of the thirty five (35) day lien period. In response to Councilmember Wozniak, Mr. Lovett indicated he believed that the punch list had been successfully completed and problems at various intersections taken care of. Councilmember Wozniak requested that this item be continued in order to obtain a more definitive answer regarding corrections relative to the Slurry Seal project which had been needed on several streets. MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to continue this item to November 20, 1996. The motion carried by unanimous voice vote. G. Consider Veteran's Day Ceremony with the American Legion at Poindexter Park. Staff Recommendation: Receive and file the report. Councilmember Wozniak indicated he pulled this item in order to make the public aware of the Veteran's Day ceremony to be held Monday, November 11, at 10 :00 a.m. at Minutes of the City Council Moorpark, California Page 5 November 6, 1996 Poindexter Park. MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to receive and file the report. The motion carried by unanimous voice vote. H. Consider Traffic Study for the Reali( Road South of Tierra Rejada Road. Sta Receive and file the report. ent of Moorpark Recommendation: Mr. Hunter indicated he pulled this item so that the staff report could be given orally for the benefit of the public. Mr. Gilbert gave the staff report. MOTION: Councilmember Hunter moved and Councilmember Wozniak seconded a motion to receive and file the report. The motion carried by unanimous voice vote. 8. A. Consider Resolution No. 96 -1245, Revisions to the Land Use Development Fee Rate. Staff Recommendation: That the City Council rescind Resolution No. 95 -1157, and adopt Resolution No. 96 -1245 increasing the Land Use Development Fee Rate to $86 per hour, to become effective January 6, 1997, and that staff return to the Council in April 1997, to consider budget changes to the cost allocation system, and present a second change to be effective July 1, 1997. Mayor Lawrason opened the public hearing. Dr. G. Sanchez, 567 B Sespe, Fillmore, addressed the Council in support of the staff recommendation. He indicated he would be opening a dental office in Moorpark. Mayor Lawrason closed the public hearing. Mr. Reynolds indicated a minor change to the resolution. He said section 7 would now be, "That this resolution shall be effective January 6, 1997 for all increases in fees, and for reductions in fees as contained in Item 3.A. and 4.A. on Exhibit A shall become effective immediately." Minutes of the City Council Moorpark, California Page 6 November 6, 1996 MOTION: Councilmember Brown moved and Mayor Lawrason seconded 18.0 a motion to adopt Resolution No. 96 -1245 as amended by Mr. Reynolds and to direct staff to return to the Council in April 1997 to consider budget changes to the cost allocation system and to present a proposed change to be effective July 1, 1997. The motion carried by unanimous roll call vote. 9. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Lawrason announced that there will be a free landfill day for Moorpark residents on Sunday, November 17, from 10:00 a.m. until 3:00 p.m. at the Simi Valley Landfill. He also announced that there will be a holiday craft fair at Arroyo Vista Community Center on November 16 from 10:00 a.m. - 4:00 p.m. and that there will be a remembrance ceremony on Veteran's Day, November 11, at Poindexter Park at 10:00 a.m. 10. PRESENTATIONS /ACTION /DISCUSSION: A. Consider Resolution No. 96- Relative to Administrative Permit No. 96 -17 to Commercial Planned Development Permit No. 90 -2 Major Modification No. 1 a Request to Allow On- Site Beer and Wine Sales in Conjunction with a Restaurant (West Coast Pizza) in the Mountain Meadows Plaza, Located at the Southwest Corner of Tierra Rejada Road and Mountain Trail Street. Staff Recommendation: Adopt Resolution NO. 96- Approving Administrative Permit No. 96 -17. (Continued item) NEW STAFF RECOHMNDATION: Continue Administrative Permit No. 96 -17 to the November 20, 1996 meeting. Mr. Hunter indicated he would refrain from participating in this item because of the proximity to his home. He said, however, that as a result of discussions with the City Attorney he may not need to refrain from the discussion in the future. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to continue Administrative Permit No. 96 -17 to the November 20, 1996 meeting. The motion carried by voice vote 4 -0, Councilmember Hunter abstaining. B. Consider Issues, Priorities and Staffing Levels Relating to Code Enforcement Program. Staff Recommendation: Direct staff as deemed appropriate. (Continued item) Mr. Miller indicated staff would be providing a Council report at the November 20 City Council meeting on this matter. Minutes of the City Council Moorpark, California Page 7 November 6, 1996 Councilmember Perez requested that staff provide additional information on the possible use of an attorney other than the City Attorney for code enforcement action. MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to continue this item to November 20, 1996. The motion carried by unanimous voice vote. C. Consider Classification and Compensation Study Results Prepared by Ralph Andersen & Associates and Approval of Resolution No. 96- Staff Recommendation: Adopt Resolution No. 96- .(Continued item) Mr. Hare indicated that there was additional information to be provided to the Ad Hoc Committee relative to this item. He indicated staff would be ready to bring this item back to the full Council at the December 4, 1996 City Council meeting. MOTION: Councilmember Brown moved and Councilmember Wozniak seconded a motion to continue this item to December 4, 1996. The motion carried by unanimous voice vote. D. Consider Resolution No. 96 -1246 Relative to Administrative Permit No. 96 -26 to Allow On -Site and Off - Site Beer and Wine Sales in Conjunction with a Restaurant at 561 W. Los Angeles Avenue (Bauducco's) . Staff Recommendation: Adopt Resolution No. 96 -1246 approving Administrative Permit No. 96 -26 subject to the conditions in the resolution. Mr. Miller gave the staff report. In response to Council question, the applicant, Mr. Bauducco, indicated that the Alcohol Beverage Control Board has agreed to all the changes that he requested in the letter which he copied to the City Council. MOTION: Councilmember Hunter moved and Councilmember Brown seconded a motion to approve the staff recommendation to adopt Resolution No. 96 -1246 approving Administrative Permit No. 96- 26 subject to the conditions in the resolution. The motion carried by unanimous voice vote. ITEM 10.E. WAS DEFERRED UNTIL AFTER ITEM 10.F. F. Consider Design for "Knuckle" at Unidos Avenue and Juarez Avenue. Staff Recommendation: Make no changes to the City Engineering Standards applicable to the design for the street improvements at the subject intersection. Minutes of the City Council Moorpark, California Page 8 November 6, 1996 Mr. Gilbert gave the staff report. ... Colin Velasquez, 476 Los Angeles Avenue, expressed his concerns regarding the design. He said he envisioned this street going "straight down with perhaps a planter at the end of the street. MOTION: Councilmember Wozniak moved and Councilmember Brown seconded a motion to approve a 48 ft. Right of way without a "knuckle" and no parkway planter but a planter barrier similar to the dead end of Williams Ranch Road; to require Mr. Velasquez to provide landscaping behind the sidewalk;; and to allow a driveway apron. The motion carried by unanimous voice vote. CONSENSUS: By consensus, the Council determined to direct staff to provide a conceptual design without elevations. Councilmember Perez said he would appreciate some slight radius. E. Consider G. I. Rubbish's Solid Waste Franchise Transfer Proposal. Staff Recommendation: 1) Rescind the City Council's action of September 4, 1996; 2) Consider and take action on G. I. Rubbish's request to transfer its Solid Waste Franchise Agreement to G. I. Industries; and 3) Direct staff to communicate the Council's actions to the judge in the G. I. Rubbish Bankruptcy case. Ms. Lindley gave the staff report. Mike Smith, 195 West Los Angeles Avene, Simi Valley, apologized to the Council for a "few inconsistencies" in the documents previously provided to the Council. In response to Mayor Lawrason, Jeremy Richards, Insolvency Counsel to G.I. Industries, indicated that the action being taken this evening would bring this issue to resolution for the bankruptcy court. He further responded to Council question that Western Waste is a wholly owned subsidiary of USA Waste. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to rescind the Council's previous action on this matter which occurred on September 4, 1996. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 9 November 6, 1996 MOTION: Councilmember Brown moved and Councilmember Perez .w.# seconded a motion to approve the request of G.I. Rubbish to transfer their solid waste franchise to G.I. Industries as requested in the letter from Jeremy Richards, dated May 13, 1996 and including conditions 1 through 4 outlined in the staff report dated October 29, 1996; and to communicate the Council's action to the judge in the G.I. Rubbish bankruptcy case. The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 9:49 p.m. The Council reconvened at 10:02 p.m. with Mayor Lawrason absent. G. Consider the Naming of a Street to be Constructed Along the West Side of Poindexter Park and the Timing for the Construction of that Street (Gisler Street) . Staff Recommendation: 1) Approve the name of Gisler Street as the name for this street and direct staff to proceed with the steps necessary to officially designate this street name; 2) Direct staff to proceed with the steps necessary to acquire all of the street right -of -way for this project; and, 3) Approve Design Option 2 as stated in the staff report and direct staff to finalize the project plans and specification and present same to the City Council within thirty (30) days for approval and authorization to advertise for receipt of bids. Mr. Gilbert gave the staff report. In response to Council question, Mr. Gilbert said that the current gravel road could be oiled for about $1,000 a year. CONSENSUS: By consensus, the Council determined they were not ready to name the street yet. MOTION: Councilmember Hunter moved and Councilmember Brown seconded a motion to determine to appropriate $1,500 to oil the road and place an item on the November 20 agenda to direct staff as to the appropriate funding source; to initiate the steps necessary to create a public street. The motion carried by unanimous voice vote. H. Consider the Redesign of Angeles Avenue East of Hi Street Parking. Direct sta the Street Stripin< gh Street to Facil ff as deemed appropriate. on Los ate On Mr. Gilbert gave the staff report. Minutes of the City Council Moorpark, California Page 10 November 6, 1996 Mike Dubrueil, 4236 Laurel Glen Drive, addressed the Council as the owner of Chuy's Restaurant. He requested ..00 that the Council agree to re- stripe Old Los Angeles Avenue in front of Chuy's to alleviate their parking problems. He indicated his willingness to pay for the costs, up to $6,000 after completion. In response to Councilmember Brown, Mr. Gilbert responded that typically Gas Tax funds would be used to complete this type of project. Councilmember Brown indicated that the conditioning for the original project ( Chuy's) should be reviewed and the exact cost of the project determined. She expressed concern as to what would be done if the project was more than $6,000 and if Caltrans would not permit the re- striping. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to direct staff to continue this item to December 4 and discuss with Mr. Dubrueil the cost and his participation. THE MOTION WAS WITHDRAWN. MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to appropriate $1,500 from Gas Tax for a conceptual design with the agreement that Chuy's is to reimburse the City. The motion carried by roll call vote, Councilmember Brown dissenting and Mayor Lawrason absent for the vote. I. Consider Citizens' Recognition Day. Councilmember Brown indicated that she would like a regular citizen recognition day established by the Council to be held in the Council Chambers or at Arroyo Vista Recreation Center approximately every 3 months. MOTION: Mayor Pro Tem Wozniak moved to appoint and Councilmember Perez seconded the appointment of Councilmember Brown to an Ad Hoc Committee to establish a regular recognition day. The motion carried by voice vote 4 -0, Mayor Lawrason absent for the vote. J. Consider Concerns of Campus Park Residents Relative to Blowing Dust from a Vacant Lot at Moorpark College. Staff Recommendation: Direct staff as deemed appropriate. Mr. Cole gave the staff report. Minutes of the City Council Moorpark, California Page 11 November 6, 1996 CONSENSUS: By consensus, the Council determined to direct staff to prepare a letter for the Mayor's signature to the Moorpark College Board of Trustees urging them to take corrective measures to alleviate the dust problem being experienced by residents of the Campus Park area and further to send a copy of the letter to the County Health Department. 11. ORDINANCES: None. 12. CLOSED SESSION: MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to adjourn to Closed Session for a discussion of 12.C. as listed below: 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 - 7) 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 - 7) C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Subdivision (a) of Section 54956.9 of the Government Code: Ali Z. Boukhari v. The City of Moorpark, Eloise Brown, Patrick Hunter, Bernardo M. Perez, Paul W. Lawrason Jr., and John E. Wozniak. The motion carried by voice vote 4 -0, Mayor Lawrason absent for the vote. AT THIS POINT in the meeting a recess was declared. The time was 11:09 p.m. Present in Closed Session were all Councilmembers but Mayor Lawrason; Steven Kueny, City Manager; Cheryl Kane, City Attorney; and Nelson Miller, Director of Community Development. Richard Hare joined the Closed Session at 11:25 p.m. The Council reconvened into Open Session at 11:33 p.m. Mr. Kueny reported there was no action to report and only Item Minutes of the City Council Moorpark, California Page 12 November 6, 1996 12.C. was discussed. %... MOTION: Councilmember Perez moved and Councilmember Brown seconded a motion to adjourn to Closed Session for a discussion of two cases under item 12.B. The motion carried by voice vote 4 -0, Mayor Lawrason absent for the vote. The time was 11:33 p.m. Present in Closed Session were all Councilmembers but Mayor Lawrason; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; and Nelson Miller, Director of Community Development. The Council reconvened into Open Session at 11:43 p.m. Mr. Kueny stated that two cases were discussed under Item 12.B. and that the Council authorized initiation of litigation in two code enforcement cases -- Cline (C95 -187), and Rockwell (C95 -232). 13. ADJOURNMENT: The Council adjourned at 11:44 p.m. 4r, - F; aul W. L wrason Jr. IMq yor