Loading...
HomeMy WebLinkAboutMIN 1997 0521 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California May 21, 1997 A Regular Meeting of the City Council of the City of Moorpark was held on May 21, 1997 in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Pro Tem Perez called the meeting to order at 7 :12 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Debbie Teasley. 3. ROLL CALL: Present: Councilmembers Evans, Perez, Rodgers Teasley, and Wozniak. Absent: Mayor Hunter Staff Present: Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Ken Gilbert, Director of Public Works; Mary Lindley, Director of Community Services; Dirk Lovett, Assistant City Engineer; Captain Mike Lewis, Sheriff's Department; Steven Hayes, Economic /Redevelopment Manager; Nelson Miller, Director of Community Development; Don Reynolds, Administrative Services Manager; Martin Cole, Management Analyst; Nancy Burns, Management Analyst; Lillian Hare, City Clerk; and Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS AND COMMENDATIONS: A. Recognition of Kiwanis Club Builder's Club Week, May 5 - 10, 1997. Councilmember Teasley presented the proclamations to representatives from the Builders' Clubs of Mesa Verde and Chaparral Middle Schools. B. City Manager's Monthly Report. The City Manager deferred his report to Captain Mike Lewis to present the 1996 Crime Statistics. 000318 Minutes of the City Council Moorpark, California Page 2 5. 21 7. 0 91 C. 1996 Crime Statistics Presentation. May 21, 1997 Captain Lewis and Senior Deputy Ed Tumbleson presented the 1996 Crime Statistics for Moorpark. AT THIS POINT in the meeting, a recess was declared to convene the Redevelopment Agency. The time was 7:42 p.m. The Council reconvened at 7 :46 p.m. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. PUBLIC COMMENT: Linda Plaks, 4957 Mira Sol Drive, spoke as President of the Chamber of Commerce and encouraged the Council to support Item 10.L., Request from Vortech Engineering for support of their industrial development bond application to the State of California. She also stated that the circus is in town on Tuesday and Wednesday, May 27 and 28, and encouraged community participation at this Chamber of Commerce - sponsored event. Gerald Goldstein, 11932 Los Angeles Avenue, spoke regarding law enforcement in the City. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Pro Tem. Perez read the announcement of activities that are upcoming in the City. Councilmember Evans requested as future agenda items: 1) Discussion of the Ventura County's District Attorney's recent written request for City Councils to review the Going Out of Business sales being conducted by businesses in their jurisdiction; 2) Review of City of Moorpark Resolution No. 96- 1210 relative to how the Mayor makes committee appointments and the manner in which those names are brought forward for consideration by the full Council. PUBLIC HEARINGS: None. PRESENTATIONS /ACTION /DISCUSSION: 00031.9 Minutes of the City Council Moorpark, California Page 3 May 21, 1997 AT THIS POINT in the meeting, Councilmember Evans left the meeting to avoid the perception of a possible conflict of interest. A. Consider Allowing Processing of Tentative Tract 5053 and Residential Planned Development 96 -01 (Pacific Communities) Prior to the Approval of General Plan Amendment 96 -02 and Zone Change 96 -02, While a Proposed Development Agreement is Negotiated Providing Affordable Housing and Also Appointment of a City Council Ad Hoc Committee to Review a Proposed Development Agreement. Staff Recommendation: 1) Approve processing of the applications for Tentative Tract 5053, Residential Planned Development Permit 96 -04 prior to the approval of the General Plan Amendment and Zone Change; 2) Appoint a City Council Ad Hoc Committee to review and make recommendations regarding a Development Agreement for this proposed project. Mr. Miller gave the staff report. In response to Councilmember Perez, Nelson Chung, the applicant, said they would be willing to grant early approval for any time extension that might be necessary in this process. MOTION: Councilmember Teasley moved and Councilmember Wozniak seconded a motion to approve processing of the applications for Tentative Tract 5053, Residential Planned Development Permit 96- 04 prior to the approval of the General Plan Amendment and Zone Change; and to appoint a City Council Ad Hoc Committee comprised of Councilmember Perez and Councilmember Teasley to review and make recommendations regarding a Development Agreement for this proposed project. The motion carried by 3 -0 voice vote, Mayor Hunter and Councilmember Evans absent for the vote. Councilmember Evans rejoined the meeting. B. Consider the Removal of Elm Trees on Cornett Avenue and McFadden Avenue. Staff Recommendation: Approve the removal of the remaining elm trees on Cornett Avenue and McFadden Avenue and proceed with the previously planned replacement program. Councilmember Wozniak requested that this item be continued to the City Council meeting of June 18 so the Council can receive additional information from the arborist. 000320 Minutes of the City Council Moorpark, California Page 4 May 21, 1997 MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to continue this item to the June 18, 1997 City Council meeting. The motion carried by 4 -0 voice vote, Mayor Hunter absent for the vote. C. Consider Urgency Ordinance to Impose a Moratorium on Rent Increases in Mobilehome Parks. Staff Recommendation: Adopt Ordinance No. and refer this matter to the Budget and Finance Committee for further study. Ms. Burns gave the staff report. Richard Elias, 725 Brea Canyon Road, Suite 6, Walnut, CA, Vice President and Director of Property Management for Bessire and Casenhiser, spoke in opposition to a rent freeze. He said his company would rather arbitrate than litigate. Mark Wormers, 15750 E. Los Angeles Avenue, onsite resident manager of the Villa del Arroyo Mobile Home Park, said he is present to answer questions. In response to Councilmember Evans, Mr. Wormers stated that the park management charges each customer $6.25 per month for the rental of gas meters and that they are on a master meter system. He stated that since March 1, 1991, park tenants are billed separately for utilities. Glenn Mondo, 200 E. Sandpointe, no city given, legal counsel representing the mobilehome park owner, addressed the Council stating that the Settlement Agreement between Bessire and Casenhiser and the City states that it is to remain in effect unless Hall vs. Santa Barbara is overturned which has not happened. He said there is no legal basis for making an urgency finding to pass an urgency moratorium ordinance. He said the park owners prefer that everyone work together to arrive at a solution. He said they would agree not to raise rents for 90 days and that the owners would like to avoid taking legal action. Alice Rowan, 15750 E. Los Angeles Avenue, Space #90, requested that the Council waive their rules of procedure to accept new information. CONSENSUS: By consensus, the Council determined to waive their rules of procedure and accept new information. 00o321L Minutes of the City Council Moorpark, California Page 5 May 21, 1997 The City Clerk handed out the new information from Alice Rowan to the City Councilmembers. Councilmember Evans stated that, since he believes the Council has significant exposure to litigation and should have legal representation present, this item should be continued to the June 4th City Council meeting when the City Attorney can be present. Councilmember Perez agreed with Councilmember Evans' concerns. MOTION: Councilmember Teasley moved and Councilmember Wozniak seconded a motion to continue this item to a planned adjourned City Council meeting of May 28, 1997. The motion carried by 4 -0 voice vote, Mayor Hunter absent. D. Consider Resolution No. 97 -1316, Petitioning the Local Agency Formation Commission (L.A.F.C.O.) to Dissolve the Moorpark Mosquito Abatement District and Transferring Services and Property Tax to the City. Staff Recommendation: Approve Resolution No. 97 -1316 petitioning L.A.F.C.O. to dissolve the Moorpark Mosquito Abatement District. Richard Hare gave the staff report. He made two changes to the resolution as it was presented in the staff report: 1) Added the following words to the fifth recital: "And the County can do the same for that part of the District in the unincorporated territory;" to read as follows: "1. The City can provide the same or greater services at less cost to that part of the District within City boundaries, and the County can do the same for that part of the District in the unincorporated territory;" 2) Changed the wording of the sixth recital to change the word "of" to "on" in the first line to read: "WHEREAS, an election on the dissolution of the Moorpark Mosquito Abatement District would be an unnecessary expenditure and waste of public funds; and" Eloise Brown, 13193 Annette Street, addressed the Council 000322 Minutes of the City Council Moorpark, California Page 6 May 21, 1997 and said the Moorpark Mosquito Abatement District is an anachronism and it is time to dissolve it. Jim Hartley, 5950 Gabbert Road, Chairman of the Board of Trustees of the Moorpark Mosquito Abatement District, said he is present to answer questions. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to Approve Resolution No. 97 -1316 as amended above petitioning Local Agency Formation Commission (LAFCO) to dissolve the Moorpark Mosquito Abatement District. The motion carried by 4 -0 voice vote, Mayor Hunter absent for the vote. E. Consider Proceeding with the 1997 July 3rd Fireworks Event; Approval of Additional Funds; and Approval of Resolution No. 97 -1317 Amending the FY 1996/97 Budget. Staff Recommendation: 1) Direct the Fireworks Committee and staff to proceed with the 1997 July 3rd Fireworks Event; 2) Commit additional funds in an amount not to exceed $5,700 towards the 1997 event; and 3) Approve Resolution No. 97- 1317 amending the City's FY 1996/97 budget by transferring $5,000 from the City's General Fund Reserves to the Community Services Department budget. Ms. Lindley gave the staff report. Councilmember Wozniak commented that there will be an additional recommendation that the City Council receive a post event report in September as to what will happen with the event in the future. He said that the Council needs to continue with its efforts for this year. Councilmember Evans agreed that the event planning needs to continue to completion for this year's event. Councilmember Teasley said she has struggled with this because of how it came about with the large amount of funding needed but no funding mechanism. She said she is concerned because the City does not fund programs such as the literacy program, but yet finds money to support a fireworks event. She said she probably will not support this program. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to 1) Direct the Fireworks Committee and staff to proceed with the 1997 July 3rd Fireworks Event; 2) Commit 000323 Minutes of the City Council Moorpark, California Page 7 May 21, 1997 additional funds in an amount not to exceed $5,700 toward the 1997 event; and 3) Approve Resolution No. 97 -1317, amending the City's FY 1996/97 budget by transferring $5,000 from the City's General Fund Reserves to the Community Services Department budget; and 4) Direct staff to return with a post event report by the September 3rd City Council meeting. The motion carried by 3 -1 roll call vote, Councilmember Teasley dissenting and Mayor Hunter absent for the vote. F. Consider Authorizing City Manager to Select and Execute a Professional Services Agreement with a Qualified Landscape Architect for Plan Review and Inspection Services. Staff Recommendation: Authorize the City Manager to select a qualified independent landscape architect or landscape architecture company and execute a professional services agreement for the provision of landscape plan review and landscape inspection services. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to authorize the City Manager to select a qualified independent landscape architect or landscape architecture company and execute a professional services agreement for the provision of landscape plan review and landscape inspection services. The motion carried by 4 -0 voice vote, Mayor Hunter absent for the vote. G. Consider Authorization to Advertise for Bids for the Retrofitting of Storm Drain Inlets at Certain Locations Throughout the City. Staff Recommendation: 1) Approve a revised scope of work for the retrofit installation of storm drain inlet cross bars to include inlets with an opening of 7 -1/2" or greater; 2) Approve the plans and specifications for this revised project and authorize staff to advertise for receipt of bids; 3) Adopt Resolution No. 97 -1318 approving a budget amendment to fund initial costs for this project for the procurement of new grates for certain storm drain inlets: from $0 to $5,100 ($5,100 increase), from the Gas Tax Fund 240.801.8055.000.9903. Mr. Gilbert gave the staff report. He requested that staff be directed to proceed with the project for Schedules A and B only. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to 1) Approve a revised scope of work for the retrofit installation of storm drain inlet cross bars to include 000324 Minutes of the City Council Moorpark, California Page 8 May 21, 1997 inlets with an opening of 7 -1/2" or greater; 2) Approve the plans and specifications for this revised project and authorize staff to advertise for receipt of bids addressing Schedules A and B only; 3) Adopt Resolution No. 97 -1318 approving a budget amendment to fund initial costs for this project for the procurement of new grates for certain storm drain inlets: from $0 to $5,100 ($5,100 increase), from the Gas Tax Fund 240.801.8055.000.9903. The motion carried by 4 -0 roll call vote, Mayor Hunter absent for the vote. H. Consider Designating May 28, 1997 and June 11, 1997 as Special Meetings of the City Council and Redevelopment Agency Board for the Purpose of Conducting Budget Workshops. Staff Recommendation: that the City Council designate May 28, 1997 and June 11,1997 as Special Meetings of the City Council and the Redevelopment Agency Board for the purpose of conducting budget workshops. Mr. Cole gave the staff report. MOTION: Councilmember Wozniak moved and Councilmember Teasley seconded a motion to designate May 28, 1997 and June 11,1997 as Special Meetings of the City Council and the Redevelopment Agency Board for the purpose of conducting budget workshops. The motion carried by 4 -0 voice vote, Mayor Hunter absent for the vote. I. Consider 1997/98 Goals and Objectives. Staff Recommendation: Defer consideration to Budget Workshop dates. No staff report was given. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to defer consideration to Budget Workshop dates. The motion carried by 4 -0 voice vote, Councilmember Hunter absent for the vote. J. Consider Resolution No. 97 -1319, Adopting a Salary Plan for Non - Competitive Service Employees. Staff Recommendation: Approve Resolution No. 97 -1319, establishing a Salary Plan for Non - Competitive Service Employees. Mr. Hare gave the staff report. MOTION: Councilmember Teasley moved and Councilmember Evans 0OU32.S Minutes of the City Council Moorpark, California Page 9 May 21, 1997 seconded a motion to approve Resolution No. 97 -1319, establishing a Salary Plan for Non - Competitive Service Employees. The motion carried by 4 -0 voice vote, Mayor Hunter absent for the vote. K. Consider Merit Increase for City Manager. Staff Recommendation: 1) Approve 2.5% merit increase with effective date of 7/16/96; 2) Approve on first reading Ordinance No. amending Moorpark Municipal Code Section 2.12.100 B (Removal from Office); and 3) Approve the conversion of 40 hours per year of accrued vacation leave beyond a 240 minimum vacation leave accrual to deferred compensation. Mr. Hare gave the staff report. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to approve 2.5% merit increase with effective date of 7/16/96; and approve the conversion of 40 hours per year of accrued vacation leave beyond a 240 minimum vacation leave accrual to deferred compensation. The motion carried by 4 -0 voice vote, Mayor Hunter absent for the vote. Ms. Hare read the ordinance title. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to read the ordinance title only and waive further reading. The motion carried by 4 -0 voice vote, Mayor Hunter absent for the vote. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to declare Ordinance No. 230 introduced for first reading. The motion carried by 4 -0 voice vote, Mayor Hunter absent for the vote. 10. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to approve the Consent Calendar with the exception of the minutes of the Regular City Council meeting of April 16, Items 10.C. and 10.L. The motion carried by 4 -0 roll call vote, Councilmember Hunter absent for the vote. A. Consider Approval of Minutes of the Special Joint Meetina of the City Council and the Parks and Recreation Commission of March 26, 1997. 000326 Minutes of the City Council Moorpark, California Page 10 May 21, 1997 Consider Approval of Minutes of the Regular Meeting of the City Council of April 2, 1997. Consider Approval of Minutes of the Special Meeting of the City Council of April 16, 1997. Consider Approval of Minutes of the Special Meeting of the City Council of May 7, 1997. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register. Manual Warrants 33511 -33519 $ 5,601.04 Regular Warrants 33521 -33562 33563 -33699 $ 684,751.81 Staff Recommendation: Approve the Warrant Register. D. Consider Approval of Parcel Map 5038 (Blockbuster) . Staff Recommendation: 1) Approve Parcel Map 5038; 2) Authorize the Mayor and City Clerk to sign the Map Title Sheet; and 3) Authorize the City Clerk to record Parcel Map 5038. E. Consider Approval of a Notice of Completion for the Poindexter Avenue Right Turn Lane Project. Staff Recommendation: 1) Accept the work as complete; 2) Direct the City Clerk to send a Notice of Completion to the County Recorder for recordation; and 3) Authorize the release of the retention upon satisfactory clearance of the thirty - five (35) day lien period. F. Consider Reauest for the Exoneration of the Cash Deposit for Water Line Construction on Gabbert Road, West America IPD 96 -3. Staff Recommendation: Authorize the City Clerk to refund the cash deposit to Precision Plumbing in the amount of $3,000. G. Consider the Reauest for the Reduction of Bonds for Improvements in Tracts 4637 -1 and 4637 -2 (California Community Builders). Staff Recommendation: Authorize the City Clerk to reduce the bonds to the "Recommended Reduced Amounts" as set forth in Table 1 of the staff report. H. Consider Authorization to Solicit Bids for the Acquisition of a Skiploader with Scraper. Staff Recommendation: 000327 Minutes of the City Council Moorpark, California Page 11 May 21, 1997 Approve the procurement specifications for the skiploader and scraper and authorize staff to solicit bids for same. I. Consider a Resolution of the City Council and the Moorpark Redevelopment Agency Approving and Authorizing the Chairman and City Manager to Execute a Cooperation Agreement by and between the Moorpark Redevelopment Agency and the City of Moorpark for Public Works Projects (Fiscal Year 1996/1997 Capital Improvement Project). Staff Recommendation: That the City Council adopt Resolution No. 97 -1320 and the MRA Board adopt a resolution authorizing the City Manager and MRA Board Chairman to execute the Cooperation Agreement by and between the Moorpark Redevelopment Agency and the City of Moorpark. J. Consider a Resolution of the City Council and the Moorpark Redevelopment Agency Approving and Authorizing the City Manager and Chairman to Execute a Reimbursement Agreement by and Between the Moorpark Redevelopment Agency and the City of Moorpark for City Loan for Agency Operations Costs for Fiscal Year 1996/1997. Staff Recommendation: That the City Council adopt Resolution No. 97 -1321 and the Agency adopt a resolution authorizing the City Manager and Chairman to execute the Reimbursement Agreement by and between the City of Moorpark and the Moorpark Redevelopment Agency. K. Consider Resolution of Intent to Vacate Pedestrian Easements on Lots 64 and 65 of Tract 4342 -3, at the East End of Sagewood Drive (American Stores). Staff Recommendation: 1) Adopt the Resolution of Intent, Resolution No. 97 -1322, setting the date of a public hearing to consider the vacation of pedestrian easements on Lots 64 and 65 of Tract 4342 -3, at the east end of Sagewood Drive, and , 2) Direct the Planning Commission to review the proposed vacation as to conformance with the Moorpark General Plan. The following items were pulled from the Consent Calendar for individual consideration: A. Consider Approval of Minutes of the Regular Meeting of the Citv Council of April 16, 1997. Councilmember Wozniak pulled these minutes from the Consent Calendar to request a technical correction to his title at the bottom of the Closed Session 000328 Minutes of the City Council Moorpark, California Page 12 May 21, 1997 discussion - change from "Mayor Wozniak" to " Councilmember Wozniak ". MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to approve the minutes of the regular meeting of the City Council of April 16, 1997 as amended above. The motion carried by 4 -0 voice vote, Mayor Hunter absent for the vote. C. Consider the Formation of a Youth Sports Committee. Staff Recommendation: Approve the formation of a Youth Sports Committee consisting of one representative from each youth sports organization as identified in the staff report and two City Parks and Recreation Commissioners which will meet twice a year for the purpose of discussing shared use of City park facilities and identifying mutual concerns. In response to Council question, Mr. Kueny stated that the recommendation could be modified to include all sports organizations that are chartered in the City. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to approve the formation of a Youth Sports Committee consisting of one representative from each youth sports organization that is chartered in the City as identified in the staff report dated May 12, 1997 and two City Parks and Recreation Commissioners which will meet twice a year for the purpose of discussing shared use of City park facilities and identifying mutual concerns. The motion carried by 4 -0 voice vote, Mayor Hunter absent for the vote. L. Consider Support of Vortech Enaineerinals Industrial Development Bond Application to the State of California. Staff Recommendation: That the City Council express their support for Vortech's application for IDB'S in the form of letters to the appropriate parties at the state level and direct staff to prepare the letters of support for the Mayor's signature. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion that the City Council express their support for Vortech's application for IDB's in the form of letters to the appropriate parties at the state level and direct staff to prepare the letters of support for the Mayor's signature. The motion carried by 4 -0 voice vote, 000329 Minutes of the City Council Moorpark, California Page 13 May 21, 1997 Mayor Hunter absent for the vote. 11. ORDINANCES: None. 12. CLOSED SESSION: None was held. 13. ADJOURNMENT: Mayor Pro Tem Perez adjourned the meeting to 6:00 p.m. on May 28, 1997 in honor of the memory of Edward Thayer Hunter, father of Mayor Hunter. The time was 9:10 p.m. ATTEST: 00033(1