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HomeMy WebLinkAboutMIN 1997 1119 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California November 19, 1997 A Regular Meeting of the City Council of the City of Moorpark was held on November 19, 1997 in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 7 :22 p.m. 2. PLEDGE OF ALLEGIANCE: Planning Commission Vice Chair Lowenburg led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Evans, Teasley, Wozniak and Mayor Hunter. Absent: Councilmember Perez; arrived at 8:04 p.m. Staff Present: Steven Kueny, City Manager; Ken Gilbert, -- Director of Public Works; Mary Lindley, Director of Community Services; Nelson Miller, Director of Community Development; Captain Mike Lewis, Sheriff's Department; Don Reynolds, Administrative Services Manager; Dirk Lovett, Assistant City Engineer; Lillian Hare, City Clerk; and Lisa Pope, Deputy City Clerk 4. PROCLAMATIONS AND COMMENDATIONS: A. Introduction of New City Employees, Shannon Magana, Virginia Montoya and Hugo Tamayo Mayor Hunter introduced Shannon Magana, Virginia Montoya, and Hugo Tamayo as new employees of the City. B. "Buckle Up for Life" Proclamation C. Consider Nomination and Selection of Mayor Pro Tempore. This item was deferred until later in the evening. D. City Manager's Monthly Report. Mr. Kueny indicated that he would defer his report until December 17. Minutes of the City Council Moorpark, California Page 2 November 19, 1997 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Wozniak asked that Item 9.D. and 9.G. be taken concurrently. Mayor Hunter suggested moving Item 9.K. prior to Public Hearings and that Item 10.F. be moved to be Item 8.C. CONSENSUS: By consensus the Council determined to re -order the agenda as requested by Councilmember Wozniak and Mayor Hunter. 6. PUBLIC COMMENT: Debra Reyono, 4458 Cedarglen Court, addressed the Council regarding the City co- sponsoring the bone marrow drive with the Chamber of Commerce. In response to Mayor Hunter, Ms. Reyono stated the bone marrow drive would be held on March 7. Alice Rowan, 15751 E. Los Angeles Avenue, addressed the Council regarding the mobilehome ordinance. She stated her previous suggestions were to streamline the process, and to save time and money. She discussed the hardship tenant section of the ordinance. June Dubriel, 4236 Laurel Glen, addressed the Council regarding the policy for Council correspondence. She stated she was concerned about private correspondence not being on record in the City. Gerald Goldstein, 11932 Los Angeles Avenue, discussed his belief that the police were unresponsive to him. 7. ANNOUNCEMENTS: Mayor Hunter announced that the last opportunity for public comment on the Hidden Creek Ranch Environmental Impact Report would be December 3, 1997. 9. PRESENTATIONS /ACTION /DISCUSSION: A. Presentation by Senator Cathie Wright Senator Cathie Wright discussed the Welfare Reform Committee and the State budget process. In response to Councilmember Teasley, Senator Wright stated job training was available to assist people in getting off welfare. She discussed the proposal for women with infants to be trained at home and that the training was less costly Minutes of the City Council Moorpark, California Page 3 November 19, 1997 than placing them in a minimum wage job and paying for child care. She stated the Wisconsin plan was not successful. In response to Mayor Hunter, Senator Wright stated the next legislative session begins Monday, January 5. Councilmember Perez arrived at 8:04 p.m. 4.C. Consider Nomination and Selection of Mayor Pro Tempore. Councilmember Perez recommended Councilmember Wozniak to serve as Mayor Pro Tempore. Councilmember Wozniak respectfully declined the nomination due to the Council's previous practice of rotating the position and his recent past service as Mayor Pro Tempore. Councilmember Wozniak recommended Councilmember Teasley. MOTION: Mayor Hunter moved and Councilmember Wozniak seconded a motion to nominate Councilmember Teasley as Mayor Pro Tempore. The motion carried by unanimous voice vote. 8. PUBLIC HEARINGS: A. Consider Adoption of Ordinance No. 240 Adding Chapter 8.52 to the Moorpark Municipal Code Relating to Storm Water Quality Management. Staff Recommendation: 1) Open the public hearing; 2) Accept public testimony; 3) Close the public hearing; and 4) Introduce Ordinance No. Adding Chapter 8.52 to the Moorpark Municipal Code Relating to Storm Water Quality Management for first reading. Mr. Gilbert gave the staff report. In response to Mayor Hunter, Mr. Gilbert explained that all 10 cities were co- permittees and 3 or 4 of the cities had adopted the ordinance. He explained that difference between an infraction and a misdemeanor. He stated the program was set up for the purpose of education and compliance rather than punishment. In response to Councilmember Perez, Mr. Gilbert stated the Management Analyst would expend 300 -400 hours per year on the program. Mr. Kueny stated the program would cost approximately $20,000. Mayor Hunter opened the public hearing. There were no speakers. Mayor Hunter closed the public hearing. Minutes of the City Council Moorpark, California Page 4 November 19, 1997 Ms. Hare read the ordinance title. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to waive further reading. The motion carried by unanimous voice vote. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to declare Ordinance 240 introduced for first reading. The motion carried by unanimous voice vote. B. Consider Revisions to the Land Use Development Fee Rate. Staff Recommendation: Rescind Resolution No. 96 -1245, and replace it with Resolution No. 97- , establishing the Community Development staff rate per hour at $86, the Code Enforcement rate per hour of $65, and the Administrative Services rate per hour at $81. Mr. Reynolds gave the staff report. Mayor Hunter opened the public hearing. There were no speakers. Mayor Hunter closed the public hearing. In response to Mayor Hunter, Mr. Reynolds stated a public meeting was required and had been properly noticed. Mayor Hunter suggested a change to the resolution to indicate a public hearing was held. MOTION: Councilmember Perez moved and Councilmember Teasley seconded a motion to adopt Resolution 97 -1405 as amended as requested by Mayor Hunter. The motion carried by unanimous voice vote. 10.F Consider Resolution No. 97 -1406 To Enable the Enforcement of the California Vehicle Code in the Privately Owned Facilities Located at 14501 Los Angeles Avenue (Kavlico - IPD 97- 3/DP318). Staff recommendation: Adopt Resolution No. 97 -1406 declaring certain privately owned parking facilities to be subject to certain provisions of the California Vehicle Code. Mr. Gilbert gave the staff report. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to approve Resolution 97 -1406. The motion carried by unanimous voice vote. 9. PRESENTATIONS /ACTION /DISCUSSION B. Consider Adoption of Resolution No. 97- Rescindi Minutes of the City Council Moorpark, California Page 5 November 19, 1997 Resolution No. 97 -1276 and Adopting Revised Rules of Procedure. Staff Recommendation: Adopt Resolution No. 97- rescinding Resolution No. 97 -1276 and revising the Rules of Procedure and direct staff to bring back the Council Policies Resolution for revision if the conflict of interest appraisals policy and policy for referral of items to committee are approved. (CONTINUED ITEM) Ms. Hare gave the staff report. She said that she would recommend that no revisions to the Municipal Code regarding Commission responsibilities be considered until after the Commissions hold the public hearings directed by the Council on this matter. CONSENSUS: By consensus, the Council determined to delay consideration of any change to the Municipal Code as stated by the City Clerk above. James Hartley, 5950 Gabbert Road, addressed the Council regarding the use of City letterhead. He stated his concern with not maintaining full disclosure. He recommended utilizing the City's Web site to allow the availability of pertinent documents to the public. Eloise Brown, 13193 Annette Street, congratulated Councilmember Teasley on becoming Mayor Pro Tem. She stated she had no concern with Councilmembers privately writing letters of congratulations. She said it was a matter of courtesy for other councilmembers to be copied on letters written on City letterhead. She expressed concern about committee assignments holding up the progression of items to Council. In response to Mayor Hunter, Mr. Kueny explained that any one committee member can ask that an item be placed on an agenda. Councilmember Wozniak suggested creating a routing list for the Council and maintaining a chronological file on the public counter. He also suggested utilizing the web site to reduce paper copies created. Councilmember Teasley stated that it is important for all councilmembers to be copied. She suggested putting the information on disk. She stated all Councilmembers should be provided with all correspondence but the method of copying should be discussed. Councilmember Perez suggested a weekly or monthly file be maintained and older copies removed after a certain period of time. He stated he wanted to see all items related to city business or agenda items. Minutes of the City Council Moorpark, California Page 6 November 19, 1997 Mr. Kueny stated the least number of copies needed would be 2, one for the permanent chronological file and one for reference. He stated the chronological file is kept for five years after a Councilmember leaves the Council. CONSENSUS: By consensus, the Council determined that all outgoing Council correspondence will be copied to the Council reading file unless " Councilmember" is listed as a carbon copy on correspondence, in which case the correspondence will be provided by individual copy to each Councilmember. CONSENSUS: By consensus, the Council determined that an invocation would be added to regular meeting agendas. The opportunity to offer the invocation to be rotated among local clergymen unless no one is available, in which case "silent prayer" will be listed on the agenda. CONSENSUS: By consensus, the Council determined that items should be referred from committee to the full Council by a consensus of the committee members to do so but not necessarily with a consensus on the recommended action. Also discussed by the Council was the ability for any -- Councilmember to request that an item be placed on the Council's agenda at any time. CONSENSUS: By consensus, the Council determined to direct staff to revise the Council Rules of Procedure resolution as recommended by the ad hoc committee and presented in the staff report dated October 21, 1997 and as modified by the consensus actions taken this evening; and to direct staff to revise the Council Policies resolution to include the ad hoc committee recommendation that one conflict of interest appraisal be allowed per year per Planning Commissioner and two per year be allowed for each Councilmember with the amount of funding for these appraisals to be a budgetary consideration determined during the budget process. Both resolutions to be provided to the Council for adoption at the December 17 City Council meeting. C. Consider Use of Written Statement Card at Council Meetings. Staff Recommendation: Direct staff as deemed appropriate. Ms. Hare gave the staff report. In response to Councilmember Wozniak, Ms. Hare stated the City Attorney suggested that statements received be read into the record for public hearing items because the comments could influence the Council's decision. She said the City Attorney indicated that if there were voluminous statements, the statements could be summarized by the City Clerk, the Mayor or another designated person. Minutes of the City Council Moorpark, California Page 7 November 19, 1997 In response to Council question, Ms. Hare said that the names and comments of those submitting written speaker cards would be included in the minutes. Mr. Kueny discussed an early submission of a statement card being treated as a letter. Mayor Hunter stated the committee had not discuss the card in depth but he preferred the proposed draft written statement card included with the staff report. In response to Mayor Hunter, Ms. Hare stated anonymous speakers could not submit written comment cards. Mayor Hunter requested that "Anonymous cards will not be accepted" be added to the card. MOTION: Councilmember Perez moved and Councilmember Evans seconded a motion to direct staff to revise the draft written statement card as requested by the Mayor and to designate the City Clerk to read the statement cards for public hearings. The motion carried by unanimous voice vote. Items 9.D. and 9.G. were taken concurrently. D. Consider Future July 3rd Fireworks Events. Staff Recommendation: Defer consideration of City funding and coordination of the 1998 3rd of July Fireworks Event, 15th Anniversary Event and 1998 Summer Concerts until the impacts of Proposition 218 on the City's budget are known. G. Consider Potential Options to City's Parks Maintenance Assessment District (AD85 -1). Staff Recommendation: Direct staff as deemed appropriate. Ms. Lindley gave the staff report for Item D. Deanie Gregory, 4308 Cedarmeadow Court, discussed the failure of Measure P. She stated her support for any cuts the City Council deemed necessary due to the measure's failure. Robert Pereira, 4074 Brindisi Place, discussed the poor turn out at the November 4 election. He recommended allowing the voters to have a say by resubmitting the measure to the voters. Dave Badoud, Moorpark Parks and Recreation Commissioner, encouraged Council to postpone a ballot measure until November 1998. He discussed other opportunities to increase revenue. Minutes of the City Council Moorpark, California Page 8 November 19, 1997 Councilmember Evans stated he felt the voters rejected the measure. He suggested going through one or two budget cycles prior to making any further decisions and suggested the matter be referred to the Budget and Finance Committee. Councilmember Wozniak stated the fireworks ceremony is important to him but with the loss of the parks maintenance funding, cuts would be needed. Councilmember Perez said he did not favor waiting one or two budget cycles before holding another election. He said that there would be some enhanced revenue over time but a $600,000 "hit" would severely impact City services. He stated he was hopeful that with a greater voter turn out and more education, the measure would gain more support. He suggested allowing staff to look at revenue sources and alternatives. Mayor Hunter stated that over 8,000 people attended the last fireworks event. He concurred with referring the matter to the Budget and Finance Committee. Mr. Kueny suggested directing the Budget and Finance -- Committee to come back to Council one month prior to the deadline for a June election so that an election is not precluded as an option. He stated the election calendar would be provided to Council as a box item as soon as it is received. MOTION: Mayor Hunter moved and Councilmember Perez seconded a motion to refer this matter to the Budget and Finance Committee to consider options and to have a report back to the full Council prior to the deadline for calling a June election. The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 9:22 p.m. The Council reconvened at 9:43 p.m. E. Consider Installation of No Engine Braking (Jake Brakes) Signs on Walnut Canyon Road, New Los Angels Avenue and Los Angeles Avenue (State Route 118). Staff Recommendation: Direct staff to proceed with the installation of advisory (black on yellow) "No Jake Braking" signs in a manner consistent with the of the Caltrans Encroachment Permit. Mr. Gilbert gave the staff report. In response to Councilmember Evans, Mr. Gilbert stated the City was required to do a noise study before and after installation of the signs. Mayor Hunter stated his opposition to the use of slang on Minutes of the City Council Moorpark, California Page 9 November 19, 1997 a sign and felt "Easy on the Jack Brake" would not get compliance. Councilmember Wozniak proposed the sign read "No Jake Brake ". He stated his feeling that the proposed sign would not accomplish anything and did not support the sign as proposed. In response to Councilmember Teasley, Mr. Gilbert stated the City was being charged with determining the effectiveness of the sign. Councilmember Teasley wanted more "bite" in the sign. In response to Councilmember Evans, Mr. Gilbert stated Assembly member Takasugi had written a letter to Caltrans regarding the matter. Joe Ahearn, 484 E. Los Angeles Avenue, addressed the Council on behalf of the Moorpark Chamber of Commerce. He stated Mr. Gilbert had represented the City well. He discussed the difficulty they had encountered with Caltrans. Councilmember Wozniak stated he could not rationalize the need for the $5,000 study required for putting up the signs. In response to Councilmember Teasley, Mr. Gilbert stated the City could appeal the requirement of the study. Mayor Hunter stated he would be meeting with the local Caltrans representative. He said he did not support the cost related to installing an advisory sign. He recommended taking no action until after his meeting with Caltrans. Councilmember Perez suggested Caltrans look at where the speed reduction occurred on the road. CONSENSUS: By consensus the Council deferred the matter until after the Mayor meets with Caltrans. F. Consider Preliminary Scope of Work and Authorizing Staff to Request Proposals from Qualified Consultants for Development of a Citywide Traffic Mitigation Fee and Improvement Program. Staff Recommendation: 1) Concur with preliminary scope of work for a citywide traffic mitigation fee and improvement program including consideration of potential amendment to the General Plan Circulation Element for the extension of Spring Road to Walnut Canyon as a four -lane arterial and potential request for redesignation of Spring Road as State Route 23 to replace the parallel Minutes of the City Council Moorpark, California Page 10 November 19, 1997 segment of Walnut Canyon Road, 2) Authorize staff to request proposals from qualified consultants for development of a citywide traffic mitigation fee and improvement program, traffic model update, General Plan Amendment to the Circulation Element, and preparation of an Initial Study and Negative Declaration or Mitigated Negative Declaration, and 3) Authorize staff to modify the Request for Proposals /Scope of Work document as needed, consistent with the staff report and any further City Council direction, prior to seeking proposals. Mr. Miller gave a staff report. Frank Zamrock, 8424 Happy Camp Road, suggested including in the traffic study the area north of the City but within the sphere of influence of the City. Mr. Kueny stated that the cost of the study would not come out of the General Fund but from the City Wide Traffic Fund. Councilmember Wozniak said that because of budget concerns he could not vote to spend the money for this study. MOTION: Councilmember Perez moved and Councilmember Teasley seconded a motion to approve staff recommendation. The motion carried 4 -1 with Councilmember Wozniak dissenting. 10. CONSENT CALENDAR MOTION: Councilmember Wozniak moved and Councilmember Perez seconded to pull items 10.A., minutes of September 17, 1997 Regular City Council meeting, minutes of October 1, 1997 Regular City Council meeting, and Item 10.D. 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 October 8, 1997. Consider Approval of Minutes of the Redevelopment Agency Meeting of October 15, 1997. Consider Approval of Minutes of the Special City Council Meeting of October 15, 1997. Consider Approval of Minutes of the Special City Council Meeting of October 22, 1997. Staff Recommendation: Approve the minutes as processed. B. Consider Approval of Warrant Register. Minutes of the City Council Moorpark, California Page 11 November 19, 1997 Fiscal Year 1997/98 Manual Warrants 40000 - 40006 $ 29,771.86 Regular Warrants 40007 - 40037 - D $ 120,090.26 40038 - 40153 - V $ 117,723.05 Staff Recommendation: Approve the Warrant Register. E. Consider Approval of a Notice of Completion for the Arrovo Vista Community Park Pedestrian Bridge. 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 Resolution No. 97 -1406 To Enable the Enforcement of the California Vehicle Code in the Privately Owned Facilities Located at 14501 Los Angeles Avenue (Kavlico - IPD 97- 3/DP318). Staff recommendation: Adopt Resolution No. 97 -1406 declaring certain privately owned parking facilities to be subject to certain provisions of the -- California Vehicle Code. G. Consider Notice of Completion for Wick's and Valley Roads Rehabilitation. Staff Recommendation: 1) Accept the work as complete; 2) Instruct the City Clerk to file a Notice of Completion for the project; and 3) Authorize the release of the retention upon satisfactory clearance of the thirty five (35) day lien period and completion of all labor compliance documentation. H. Consider Release of CMAQ Grant Funds. Staff Recommendation: Decline the CMAQ grant funds and direct staff to forward a letter to VCTC communicating this action. I. Consider Authorizing Cooperative Agreement Between the County of Ventura and the City of Moorpark for Participation in the Ventura County Regional Mortgage Credit Certificate Program and Adopting Resolution No. 97- 1410, Amending the FY 1997 -98 Budget for Costs of Program Initiation. Staff recommendation: 1) Approve Cooperative Agreement between the County of Ventura and the City of Moorpark for participation in the Ventura County Regional Mortgage Credit Certificate Program, subject to final language approval of the City Attorney and City Manager and 2) adopt Resolution No. 97 -1410, to amend the FY 1997 -98 Budget by appropriating $1,000 from the City's Housing Rehabilitation Cost (221.504.0000.000.9402) to Other Contractual Services (221.504.0000.000.9191) Minutes of the City Council Moorpark, California Page 12 November 19, 1997 J. Consider Adopting Resolution No. 97 -1411, Supporting the Efforts of the Regional Defense Partnership - 21st Century to Strengthen and Diversify the Defense Industry in Ventura County. Staff recommendation: Adopt Resolution No. 97 -1411 supporting the efforts of the Regional Defense Partnership - 21st Century. K. Consider Request to Co- Sponsor Bone Marrow Drive. Staff Recommendation: Agree to co- sponsor the bone marrow drive with Rotary and other community organizations. The following items were pulled from the Consent Calendar for individual consideration: A. Consider Approval of Minutes of the Regular City Council Meetina of September 17, 1997. Consider Approval of Minutes of the Regular City Council Meeting of October 1, 1997. MOTION: Councilmember Perez moved and Councilmember Evans seconded a motion to approve the minutes with the correction of -- the minutes by the City Clerk after speaking with Councilmember Evans. The motion carried by unanimous voice vote. C. Consider Adoption of Resolution No. 97 -1407, Amendment to the FY 1997 -98 Budget for Expenditures Related to LAFCO Action on the Moorpark Mosquito Abatement District, and Adopting Resolution No. 97 -1408, Amendment to FY 1997 -98 Budget Related to Personnel Costs for Vector Control Employees. Staff Recommendation: 1) Adopt Resolution No. 97 -1407, amending the FY 1997 -98 Budget by appropriating $7,500 from the General Fund Reserve to the Administrative Services Department's "Other Contractual Services" account (100.500.0000.000.9191) for costs related to the LAFCO application for the dissolution of the Mosquito Abatement District, and 2) Adopt Resolution No. 97 -1408, amending the FY 1997 -98 Budget by establishing new accounts for salaries, benefits and other costs in a new division under the Public Works Department for vector control services, and appropriating the amounts of $50,190.00 for salaries and $19,455.00 for benefits. Also, a new revenue account (100.804.0000.000.3899) is created in the amount of $69,645.00 for reimbursements from the Moorpark Mosquito Abatement District. Mayor Hunter stated he pulled the item because he wanted to use a different source of funds. Mr. Nowak stated other sources of revenue had been looked at and it was a City wide benefit and would not qualify for Minutes of the City Council Moorpark, California Page 13 November 19, 1997 other funding. He and organizational funding. stated the site and space needs study study could be looked at as a source of Mr. Kueny stated the organization study could be deferred but he felt the space needs study was still needed. Mayor Hunter recommended using $7,500 of the previously allocated $17,000 for the organization study for this matter. MOTION: Mayor Hunter moved and Councilmember Evans seconded a motion to adopt Resolution 97 -1407 as amended to reflect the new funding source from monies previously allocated from the organization study. The motion carried by unanimous roll call vote. MOTION: Mayor Hunter moved and Councilmember Evans seconded a motion to adopt Resolution 97 -1408. The motion carried by unanimous roll call vote. D. Consider Adoption of Resolution Approving Commercial Planned Development Permit (CPD) 97 -1 and Conditional Use ._ Permit (CUP) 97 -2 (Ahhmad Eddie Gharebaghi) for an Automobile Service Station with Fourteen "Vehicle Fueling Positions, a Mini -mart of Approximately 4,050 Square Feet in Size with No Beer or Wine Sales and a Full Service Car Wash and a Mini -lube Facility Located at the Southwest Corner of Los Angeles Avenue and Liberty Bell Road (Assessor's Parcel No. 506 -0- 050 -37). Staff Recommendation: Adopt Resolution No. 97 -1409, approving Commercial Planned Development Permit No. 97 -1 and Conditional Use Permit No. 97 -2. In response to Councilmember Evans regarding the sidewalk on the west side of the project, Mr. Kueny suggested allowing the engineers to work out the details with the Director of Community Development in the field. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to adopt Resolution 97 -1409 and to approve the balance of the staff recommendation. The motion carried by unanimous voice vote. 11. ORDINANCES None. 12. CLOSED SESSION None was held. Minutes of the City Council Moorpark, California Page 14 November 19, 1997 13. ADJOURNMENT MOTION: Councilmember Perez seconded a motion to adjourn. voice vote. The time was 10:2 ATTEST: Y-5--& Lisa Pope, Deputy City Clerk moved and Councilmember Wozniak T" motion carried by unanimous