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HomeMy WebLinkAboutMIN 1999 0120 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California January 20, 1999 A Regular Meeting of the City Council of the City of Moorpark was held on January 20, 1999 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 7:17 p.m. 2. INVOCATION: Father John Love, Holy Cross Church, led the invocation. 3. PLEDGE OF ALLEGIANCE: Wayne Loftus led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Evans, Harper, Rodgers, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; John Nowak, Assistant City Manager; Nelson Miller, Director of Community Development; Ken Gilbert, Director of Public Works; Mary Lindley, Director of Community Services; Dirk Lovett, Assistant City Engineer; Captain Mike Lewis, Sheriff's Department; Don Reynolds, Administrative Services Manager; Nancy Burns, Senior Management Analyst; Wayne Loftus, Planning Manager; John Libiez, Principal Planner; Deborah Traffenstedt, City Clerk and Lisa Pope, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: A. Recognition of Everett Braun and Irene Cameron for the History of the Moorpark Senior Citizens Mayor Hunter presented certificates of recognition to Everett Braun and Irene Cameron. B. Recognition of Barton Miller as Outgoing Planning Commissioner Minutes of the City Council Moorpark, California Page 2 January 20, 1999 Mayor Hunter presented a plaque to Barton Miller in recognition of his years of service as a Planning Commissioner. C. City Manager's Monthly Report Mr. Kueny summarized the accomplishments in 1998 for each City department. 6. PUBLIC COMMENT: Kim Ramseyer, golf courses environmental golf courses. 3883 Ternez Drive, discussed the proposed within the City. She discussed the impacts and health risks associated with Lori Rutter, 11611 Pinedale Road, discussed the results of the Special election. She asked if the City would consider a roundtable to provide residents the opportunity to discuss and set goals. She suggested including rural neighbors on the borders of the City. Roseann Mikos, 14371 E. Cambridge Street, announced a Happy Camp hike on Saturday, January 23, 1999. She discussed the January 12, 1999 special election and thanked the volunteers and voters. Tony Bellasalma, 11823 Maplecrest Street, reported as the City's appointee to the Area Agency on Aging. He stated Moorpark would be receiving $27,000 for the Senior Center expansion project and may possibly receive an additional $12,000. AT THIS POINT in the meeting, a recess was declared to convene the Industrial Development Authority. The time was 7:47 p.m. The Council reconvened at 7:48 p.m. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2.9, Items to be withdrawn from the Consent Calendar shall be identified at this time.) CONSENSUS: to near Items items. By consensus, the Council reordered the agenda 10.A. through 10.G. prior to the public hearing Mayor Hunter indicated that he intended to pull item 11.J. from the Consent Calendar. Minutes of the City Council Moorpark, California Page 3 January 20, 1999 Councilmember Harper indicated he would abstain from Item 11.D. B. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Hunter announced the sale of "The History of Moorpark Senior Citizens 1973 to 1998" book and a "Meet the Authors" book signing planned for February 8, 1999. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Appointments to the Planning Commission. Staff Recommendation: Select five (5) Planning Commissioners to serve a two -year term ending December 2000. Mayor Hunter discussed the appointment process. Councilmember Evans requested the Mayor provide the Council with the names of all of his intended appointments and then proceed with a vote for each appointment. Councilmember Wozniak concurred with Councilmember Evans that the Council should have the opportunity to consider the list of nominees prior to appointing to commissions or committees. Mayor Hunter announced that he intended to nominate Gary Lowenberg, Mark DiCecco, Paul Haller, Keith Millhouse and Roseann Mikos to the Planning Commission. Councilmember Harper stated he thought it was an excellent slate. He stated the group was diverse and would serve the community well. Councilmember Evans asked why Mr. Acosta was not included in the list of nominees. Mayor Hunter stated he wanted to allow greater participation from new members and Mr. Acosta was the longest serving member of the Planning Commission. Councilmember Evans stated that there were other applicants, who were active in the community, and would serve well on the Commission. Mayor Hunter discussed the interview process he had conducted to fill the positions on the Commission. Minutes of the City Council Moorpark, California Page 4 January 20, 1999 MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to appoint Gary Lowenberg. The motion failed by roll call vote 2 -3, Councilmembers Evans, Rodgers, and Wozniak dissenting. MOTION: Mayor Hunter moved and Councilmember Evans seconded a motion to appoint Mark DiCecco. The motion carried by unanimous roll call vote. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to appoint Paul Haller. The motion carried by unanimous roll call vote. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to appoint Keith Millhouse. The motion failed by roll call vote 2 -3, Councilmembers Evans, Rodgers, and Wozniak dissenting. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to appoint Roseann Mikos. The motion failed by roll call vote 2 -3, Councilmembers Evans, Rodgers, and Wozniak dissenting. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to appoint Janice Parvin. The motion carried by roll call vote 4 -1, Councilmember Rodgers dissenting. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to appoint Bill Otto. The motion carried by roll call vote 4 -1, Councilmember Rodgers dissenting. MOTION: Mayor Hunter moved and Councilmember Wozniak seconded a motion to appoint Kipp Landis. The motion carried by roll call vote 4 -1, Councilmember Evans dissenting. B. Consider Appointments to the Parks and Recreation Commission. Staff Recommendation: Select five (5) Parks and Recreation Commissioners to serve a two -year term to end December 2000. Mayor Hunter announced that he intended to nominate June Dubreuil, Thom Pflaumer, Tina Hare, Sandra Thompson and Joseph Catrambone. Councilmember Harper stated he supported the nominations. Councilmember Wozniak discussed the roll of Ms. Thompson on the school campuses and her involvement with the Minutes of the City Council Moorpark, California Page 5 January 20, 1999 children, which would benefit the City in her role as a Commissioner. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to appoint June Dubreuil. The motion carried by unanimous roll call vote. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to appoint Tom Pflaumer. The motion carried by unanimous roll call vote. MOTION: Mayor Hunter moved and Councilmember Evans seconded a motion to appoint Tina Hare. The motion carried by unanimous roll call vote. MOTION: Mayor Hunter moved and Councilmember Wozniak seconded a motion to appoint Sandra Thompson. The motion carried by unanimous roll call vote. MOTION: Mayor Hunter moved and Councilmember Wozniak seconded a motion to appoint Joseph Catrambone. The motion carried by unanimous roll call vote. —" C. Consider Appointment to the Teen Council. Staff Recommendation: Appoint one (1) member to the Teen Council to fill the unexpired term to expire June 30, 1999. Councilmember Wozniak stated the candidates were all excellent individuals. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to appoint Ashley Jay Barondess. The motion carried by unanimous roll call vote. D. Consider Appointment to the Ventura Countv Air Pollution Control District Advisory Committee. Staff Recommendation: Appoint one representative to serve on the Ventura County Air Pollution Control District Advisory Committee for a four -year term to expire January 2003. MOTION: Mayor Hunter moved and Councilmember Evans seconded a motion to appoint William Poleri. The motion carried by unanimous roll call vote. E. Consider Appointment to the Ventura Citizens Transportation Advisory Committee. Staff Recommendation: Direct staff as deemed appropriate. Minutes of the City Council Moorpark, California Page 6 January 20, 1999 Mayor Hunter announced that no applications were received. Mr. Kueny suggested appointing Senior Management Analyst John Brand due to his being a resident and the staff member assigned to the Committee. He stated this would provide the City the opportunity to utilize its two votes. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to appoint Jim Hartley. The motion carried by unanimous roll call vote. MOTION: Mayor Hunter moved and Councilmember Wozniak seconded a motion to appoint John Brand as alternate. The motion carried by unanimous roll call vote. F. Consider Appointments to the Senior Center Advisory Committee. Staff Recommendation: Select five (5) Senior Center Advisory Committee members to serve a two -year term to end December 2000. Mayor Hunter announced that he intended to nominate Morrie Abramson, Ruth Farabaugh, Robert Moser, Mary Lou Murphy and Vera Sorrels. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to appoint Mary Lou Murphy. The motion carried by unanimous roll call vote. MOTION: Mayor Hunter moved and Councilmember Rodgers seconded a motion to appoint Vera Sorrels. The motion carried by unanimous roll call vote. MOTION: Mayor Hunter moved and Councilmember Evans seconded a motion to appoint Morrie Abramson. The motion carried by unanimous roll call vote. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to appoint Ruth Farabaugh. The motion carried by unanimous roll call vote. MOTION: Mayor Hunter moved and Councilmember Evans seconded a motion to appoint Robert Moser. The motion carried by unanimous roll call vote. Minutes of the City Council Moorpark, California Page 7 January 20, 1999 G. Consider Action on the Citizen Budget Review Committee. Staff Recommendation: Direct staff as deemed appropriate. Mayor Hunter recommended that the committee be considered again for the next budget cycle. Councilmember Wozniak stated the committee should begin earlier in the budget process. Mayor Hunter stated the Budget and Finance Committee had envisioned the first meeting to be a budget process overview. Councilmember Evans expressed his appreciation to those who had applied. He stated the time frame would not allow the committee to be formed this year. Mayor Hunter requested staff retain the applications and contact those applicants for the next year's budget process. AT THIS POINT in the meeting, the Council took a recess. The time was 8:27 p.m. The Council reconvened at 8:57 p.m. 9. PUBLIC HEARINGS: A. Consider Action Regarding a Change of Control for the Cable Communications Franchise held by TCI Cablevision of California, Inc. Staff Recommendation: Determine if the Council desires to disapprove or approve a change in control of the cable communications franchise held by TCI Cablevision of California, Inc. and adopt the appropriate resolution. Mr. Nowak gave the staff report. Marianne Jackson, 1850 Mr. Diablo Blvd., walnut Creek, addressed the Council as a representative of TCI. She stated TCI was prepared to comply with the terms and conditions of the franchise agreement but they had a dispute as to whether they are required to pay a transfer fee. In response to Mayor Hunter, Ms. Jackson discussed the fees they had already paid. Mr. Nowak indicated that a fee was charged for staff time and City Attorney's fees, in accordance to the City's fee Minutes of the City Council Moorpark, California Page 8 January 20, 1999 resolution. He stated the Assistant City Attorney had approved both resolutions that were before the Council. In response to Councilmember Evans, Mr. Nowak referenced the Municipal Code describing franchise fees and processing costs as being separate issues. He discussed the Municipal Code section regarding change of control. Ms. Jackson explained the reasons they believed they were not required to pay a transfer fee. In response to Mayor Hunter, Mr. Nowak explained that the $25,000 fee was an extrapolation based upon what Entertainment Express paid. In response to Councilmember Harper, Ms. Jackson discussed the cap of 5 percent of annual gross revenue for franchise fees. In response to Councilmember Harper, Mr. Nowak stated the City Attorney had reviewed the Federal Statute. He stated the City, at its sole discretion, could impose an additional franchise fee as the franchise holder. In response to Councilmember Harper, Mr. Nowak stated the City complies with the Federal Law. Mayor Hunter stated the franchise fee is 5 percent of the annual gross revenue. He discussed the Municipal Code sections related to fees that can be charged. Mr. Kueny stated the transfer is a discretionary action on the part of the City, and that a similar fee was imposed upon the refuse franchise change of ownership. Ms. Jackson stated a change of control was requested, not a transfer. In response to Councilmember Harper, Mr. Nowak stated the Federal Statute limited the subscriber from being charged over the 5 percent franchise fee. Ms. Jackson stated the franchise agreement is a contract between the City and TCI and that there is a dispute as to definitions. She indicated their willingness to extend the deadline to further allow the attorneys to discuss the matter. Minutes of the City Council Moorpark, California Page 9 January 20, 1999 Mayor Hunter suggested continuing the item to February 3, 1999. Councilmember Harper suggested that TCI formally acknowledge that they approve the extension. Ms. Jackson stated she concurred and had the authority to authorize the extension. Mayor Hunter suggested allowing the extension through February 17, 1999. Ms. Jackson stated their preference was that the extension would be until February 3, 1999. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to continue to February 3, 1999. The motion carried by unanimous voice vote. Consider Moorpark Highlands Specific Plan Project (Specific Plan 95 -2 /Specific Plan No. 2, General Plan Amendment No. 95 -2, and Zone Change 95 -4), Applicant Morrison - Fountainwood- Agoura. Staff Recommendation: Open public hearing; accept staff report and comments; accept project description testimony from applicant; hear public testimony, and continue hearing to date certain. AT THIS POINT in the meeting, Councilmember Wozniak left the dais, due a possible conflict of interest based on the location of his home in proximity to the project. The time was 9:24 p.m. Mr. Loftus gave the staff report. In response to Mayor Hunter, Mr. Miller explained the circulation plan for the project and why the truck traffic would be diverted from Spring Road. He stated Spring Road was a means of getting traffic from Walnut Canyon to the State Route (S.R.) 118 bypass. In response to Mayor Hunter, Mr. Miller stated the S.R. 118 bypass would accommodate six lanes. In response to Councilmember Evans, Mr. Miller stated 120 feet was the typical width for a six -lane arterial, with 40 feet on each side for grading. In response to Councilmember Evans, Mr. Miller stated Spring Road would be four lanes. Minutes of the City Council Moorpark, California Page 10 January 20, 1999 Michael Greynald, 711 Daily Drive, Camarillo, representing Morrison - Fountainwood- Agoura, provided a description of the plan. He discussed the proposed open space, parks and school site. He presented the housing opportunities. He discussed the roads and circulation for the project. In response to Mayor Hunter, Mr. Greynald stated Spring Road would be similar in design to Tierra Rejada Road regarding the bike paths. He stated concerns were expressed at the Planning Commission hearings regarding bikes in the street. He stated they had proposed to use the westerly portion of Spring Road for a bike lane. In response to Mayor Hunter, Mr. Greynald stated the grade on Spring Road would be approximately 6 percent. In response to Mayor Hunter, Mr. Greynald stated there would be 175 acres of open space. Mr. Kueny stated Area 19 was proposed for City ownership. Mr. Miller further explained that Area 19 was bounded on -` two sides by Happy Camp Canyon Regional Park and that this area was planned to be natural habitat area. He stated Area 19 was proposed to be dedicated to the City for some use in conjunction with Happy Camp Regional Park. He also stated that 65 acres were proposed to be designated for private open space, with scenic vistas and trails to be maintained by the homeowners association. Pete Peters, 7155 Walnut Canyon Road, indicated his support for the plan but expressed his concern with the proposed S.R. 118 bypass location, due to lack of Caltrans participation. He suggested using Happy Camp Road as the extension of S.R. 118. He also expressed his concern regarding the circulation element of the plan. Tina May, 13853 E. Los Angeles Avenue, stated her general approval of the project but indicated concern with maintenance of open space and circulation. Roseann Mikos, 14371 E. Cambridge Street, stated the project is lacking any type of substantial equestrian property, which would reduce density and traffic. Mark Stanley, 721 Sir George Court, stated his concern with the truck traffic and road design. Minutes of the City Council Moorpark, California Page 11 January 20, 1999 Mr. Greynald deferred further comment. Councilmember Harper stated the committee had met on the matter and a number of issues had come up including circulation. He discussed the possibility of moving "C" Street further north, away from the Campus Park Homes. He agreed with Ms. Mikos that larger lots should be included in the project, such as equestrian lots. He suggested moving the school site southward to allow better planning of the northern portion of the project. He stated the school site should not be located in close proximity to identified faults and should tie into a City park. He stated Dr. Duffy had suggested that land be dedicated to the School District rather than just reserved. Councilmember Evans indicated he has concerns with the EIR and with the overall density of the project. Councilmember Harper discussed the nature preserve area. He suggested the Santa Monica Mountains Conservancy maintain the area rather than a homeowners association. He stated the nature preserve should tie into Happy Camp Canyon Regional Park. Councilmember Rodgers stated she had also initially taken issue with the school site location. She concurred with the suggestion to move the school site and add equestrian properties. She discussed the affordable housing aspect of the project and suggested senior housing. Councilmember Harper stated Dr. Duffy would like to address the Council on the school site issue. He commended the applicant for his cooperation. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to continue to February 3, 1999, with the hearing open. The motion carried by voice vote 4 -0, Councilmember Wozniak absent. AT THIS POINT in the meeting, the Council took a recess. The time was 10:33 p.m. The Council reconvened at 10:52 p.m. with all Councilmembers present. 10. PRESENTATION /ACTION /DISCUSSION: H. Consider 1) Selection of a Consultant to Perform Certain Assessment Engineering Services; and, 2) Adoption of a Resolution Initiating the Proceedings Related to the Levy of Assessments for AD 84 -2 for Fiscal Year 1999/2000. Minutes of the City Council Moorpark, California Page 12 January 20, 1999 Staff Recommendation: 1) Authorize the City Engineer to prepare the FY 98/99 Engineer's Reports for AD 84 -2 for a fee not to exceed $6,800 including reimbursable expenses; 2) Direct staff to discontinue the past practices of mailed public hearing notices to each property owner and holding a public meeting prior to the Public Hearing; and, 3) Adopt Resolution No. 99 -1562 (Exhibit 1) authorizing preparation of an Engineer's Report for the Moorpark Lighting and Landscaping Maintenance Assessment District (AD 84 -2) for FY 1998/99. Mr. Gilbert gave the staff report. In response to Mayor Hunter, Mr. Gilbert stated the cost to mail the notices was greater than the engineering costs. In response to Councilmember Harper, Mr. Gilbert stated a news release or message on Channel 10 could be done to inform the public. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to: 1) Authorize the City Engineer to prepare the FY 98/99 Engineer's Reports for AD 84 -2 for a fee not to exceed $6,800 including reimbursable expenses; 2) Direct staff to discontinue the past practices of mailed public hearing notices to each property owner and holding a public meeting prior to the Public Hearing; and 3) Adopt Resolution No. 99 -1562 authorizing preparation of an Engineer's Report for the Moorpark Lighting and Landscaping Maintenance Assessment District (AD 84 -2) for FY 1998/99. The motion carried by unanimous voice vote. I. Consider Approval of the Plans and Specifications for a Project to Construct Traffic Signal and Related Improvements at the Intersection of Casey Road and Walnut Canyon Road (State Route 23): Staff Recommendation: 1) Approve the plans and specifications for the subject project; 2) Authorize staff to submit the State Encroachment Permit Application to Caltrans, upon execution of the City /MUSD Agreement and authorization from Caltrans; and 3) Authorize staff to advertise for receipt of bids upon completion of the prerequisites set forth in Section D -1 of the report. Mr. Gilbert gave the staff report. In response to Councilmember Harper, Mr. Gilbert stated the project schedule would not be impacted if the matter Minutes of the City Council Moorpark, California Page 13 January 20, 1999 is continued for two weeks. He stated the Council only needed to take action on approving the plans. Mr. Kueny stated it was necessary for the Council to approve the design and specifications per Council policy. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to: 1) Continue the matter of City Council approval of the plans and specifications for the subject project, to February 3, 1999, 2) Authorize staff to submit the State Encroachment Permit Application to Caltrans upon execution of the City /MUSD Agreement and receipt of authorization from Caltrans, and 3) Authorize staff to advertise for receipt of bids upon execution of the City /MUSD Agreement and receipt of authorization from Caltrans. The motion carried by unanimous voice vote. J. Consider Status of Minor Modification No. 1 to Commercial Planned Development No. 97 -1 for Approval of a Sign Program for the Mobil Gas Station Under Construction at the Southwest Corner of Liberty Bell Road and Los Angeles Avenue and Direction for Continued Processing (Gharabaghi). Staff Recommendation: Adopt Resolution No. 99 -1563, approving Minor Modification No. 1 to Commercial Planned Development Permit No. 97 -1. Mr. Loftus gave the staff report. In response to Mayor Hunter, Mr. Loftus summarized the issues in conflict. He stated staff had been working with the applicant to bring forward a sign program in compliance with the Code. He stated Council's previous direction regarding overall sign area was not clear. Councilmember Wozniak stated the signs should fit the same criteria as the other three existing gas stations. He stated the Council needed to make a determination on the size of the sign. He stated it was a unique situation due to multiple uses. Councilmember Evans stated the direction was clear and the applicant should not be charged $1,000 for the additional staff time to prepare the report for this meeting. Councilmember Rodgers stated she recalled that she had stated that 200 square feet was too much but 104 square feet was not enough. She stated the Council had directed staff to work with the applicant to make a sign program comparable with the other gas stations. Minutes of the City Council Moorpark, California Page 14 January 20, 1999 Mr. Kueny stated the Council could direct staff to bring back a resolution on the Consent Calendar approving the sign program. He suggested that the Council direct that the Planning Commission review the sign program. Joe Ahearn, 484 E. Los Angeles Avenue 4214, representing the applicant, suggested that sign applications be handled at that Planning Commission level. He asked about Condition 10. Mr. Loftus stated the condition could be deleted. Mr. Ahearn asked if the menu sign needed to have push through letters. Mr. Loftus suggested revising the condition to add an exception for the car wash pricing sign. Mayor Hunter concurred that a discussion should be made regarding the payment of fees. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to adopt Resolution No. 99 -1563 as amended. The motion carried by unanimous voice vote. K. Consider Approval of a Contract with Pentamation Enterprises, Inc. for the Purchase, Installation, Training and Maintenance of a Financial Accounting Software Package, and Adoption of Resolution No. 99- Amending the City Budget to Provide Additional Funds for the Accounting Software and Related Hardware Equipment. Staff Recommendation: 1) Approve a contract with Pentamation Enterprises, Inc. for the purchase, installation, training and maintenance of financial accounting software package in the amount of $139,113, and authorize the City Manager to sign the Service Agreement and Contract subject to final language approval by the City Manager and City Attorney; 2) Approve the purchase of the computer hardware indicated in the staff report for the accounting software utilization in an amount not to exceed $28,175; and 3) Adopt Resolution No. 99 -1564 amending the City Budget from various funds in the amount of $53,200. Mr. Nowak gave the staff report. In response to Councilmember Evans, Mr. Nowak stated several capital projects are funded through AOC and there was difficulty in tracking and billing AOC accounts, the new software would do that. Minutes of the City Council Moorpark, California Page 15 January 20, 1999 In response to Councilmember Evans, Mr. Nowak stated the ADP payroll system would be eliminated with the new software, and would save $2,000 dollars. He stated there would also be cost savings on computer maintenance for the AS400. In response to Councilmember Evans, Mr. Nowak explained the use of the new software by the Planning Department for billing applicants. In response to Councilmember Evans, Mr. Nowak discussed the time sensitivity of the request. Councilmember Harper stated the costs were high for training. He stated the cost for the upgrade of existing computers is high. Mr. Nowak explained that it included 2 computers, 4 monitors, and RAM upgrade. Councilmember Harper discussed the expense for the color laser printer. Mr. Nowak stated there would be additional review regarding the printer. In response to Councilmember Wozniak, Mr. Nowak stated $112,000 had already been appropriated. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to: 1) Approve a contract with Pentamation Enterprises, Inc. for the purchase, installation, training and maintenance of financial accounting software package in the amount of $139,113, and authorize the City Manager to sign the Service Agreement and Contract subject to final language approval by the City Manager and City Attorney; 2) Approve the purchase of the computer hardware indicated in the staff report for the accounting software utilization in an amount not to exceed $28,175; and 3) Adopt Resolution No. 99 -1564 amending the City Budget from various funds in the amount of $53,200. The motion carried by unanimous roll call vote. L. Consider Scheduling Joint City Council /Planning Commission and City Council /Parks and Recreation Commission Meetings in 1999. Staff Recommendation: Schedule 1999 joint Council and Commission meetings. In response to Councilmember Harper, Mr. Kueny stated there would be staff orientation for new commissioners. Mayor Hunter suggested conducting staff orientation in February with the joint meetings in March. Minutes of the City Council Moorpark, California Page 16 January 20, 1999 CONSENSUS: By consensus, the Council scheduled a joint City Council /Planning Commission meeting for March 10, 1999 and a joint City Council /Parks and Recreation Commission meeting for March 31, 1999, to be held in the Community Center and televised. M. Consider the Approval of an Early Grading Agreement to Allow Construction of Tentative Tract 4980 - Lennar Homes of California. Staff Recommendation: 1) Authorize the construction of improvements on Tentative Tract 4980, subject to all conditions of approval and conformance with the approved Tentative Tract and "Early Grading Agreement "; 2) Authorize the Mayor to sign the "Early Grading Agreement" subject to final language approval by the City Attorney and City Manager; 3) Authorize the City Clerk to forward the "Early Grading Agreement ", upon obtaining the necessary signatures, to the County Recorder for recordation. Mr. Lovett gave the staff report. In response to Councilmember Harper, Mr. Lovett stated the grading plans required adequate dust control. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to: 1) Authorize the construction of improvements on Tentative Tract 4980, subject to all conditions of approval and conformance with the approved Tentative Tract and "Early Grading Agreement "; 2) Authorize the Mayor to sign the "Early Grading Agreement" subject to final language approval by the City Attorney and City Manager; 3) Authorize the City Clerk to forward the "Early Grading Agreement ", upon obtaining the necessary signatures, to the County Recorder for recordation. The motion carried by unanimous voice vote. N. Consider City of Los Angeles Billboard Ordinance. Staff Recommendation: Direct staff as deemed appropriate. Mayor Hunter stated he had asked for the item to be on the agenda. He stated the messages displayed on the one billboard in the City are frequently inconsistent with the DARE message. Councilmember Evans indicated his support for an ordinance. Councilmember Harper indicated his support and discussed the possibility of removing the billboard. Minutes of the City Council Moorpark, California Page 17 January 20, 1999 Councilmember Wozniak indicated his support for the ordinance but suggested investigating the possibility of complete removal. Councilmember Rodgers indicated her support for the ordinance and concurred regarding the removal of the billboard. Mayor Hunter indicated he would work with staff to bring back an ordinance tailored for Moorpark as well as an update on the removal of the billboard. 0. Consider Adding Review of Legislation to the List of Budget and Finance Committee Assignments. Staff Recommendation: Direct staff as deemed appropriate. Mayor Hunter stated it was beneficial to track legislation. He requested the ability of a committee to regularly review pending legislation and recommend a position. CONSENSUS: By consensus, the Council added review of legislation to the list of assignments for the Budget and Finance Committee. P. Consider Update on E1 Rodeo Restaurant Condition Compliance (79 E. High Street). Staff Recommendation: Direct staff as deemed appropriate. Mr. Miller gave the staff report. Councilmember Harper asked for comment from the Sheriff's Department. Captain Lewis discussed recent incidents that had occurred at closing time of the restaurant. In response to Councilmember Harper, Captain Lewis stated the Police Department and City are supportive of the business venture at the location. He stated the owners have been cooperative and worked to make corrections. He stated there is a problem with the pattern of repeat calls for service. In response to Councilmember Harper, Captain Lewis stated the incidents were sporadic but there had been two felony arrests in two days. He stated arrests were made outside the location and off the premises but were of people exiting from the restaurant. Minutes of the City Council Moorpark, California Page 18 January 20, 1999 Councilmember Evans discussed the meeting he had with Captain Lewis and the owner. He requested an update from the business owner regarding what they had done to alleviate the problems. He stated he had suggested closing earlier and the applicant had stated that was a possibility. In response to Councilmember Evans, Mr. Miller stated the owner had received a permit for one pool table. In response to Mayor Hunter, Mr. Miller explained that the conditional use permit for the nightclub had not yet been initiated. Jerry LeAlmaguer, 1225 Walnut Canyon Road, discussed the recent incident at the location. Jose Espinoza, 538 Sierra Avenue, stated he was no longer involved in the business. He translated for Javier Hernandez. He stated they were closing at 9:00 p.m. He requested retaining their liquor license and stated they were going to increase the restaurant business. He stated they were willing to make the necessary changes. Councilmember Evans stated Mr. Hernandez had offered to remove the pool table. He suggested leaving the pool table and working on conducting business as a dinner house. Mayor Hunter stated his concern that if the restaurant is converted to a music business, there is nothing prohibiting the future use of a nightclub. He discussed the issue of graffiti, violence, and uncooperative behavior of the owner. He stated there was a compelling case for revocation of the conditional use permit due to violation of hours of operation. Captain Lewis stated police contacts were forwarded to ABC for monitoring. Councilmember Harper suggested exploring the possibility of restricting the sale of liquor to sale of food. Captain Lewis stated the current condition was that food must be offered while alcohol is offered. Councilmember Harper suggested checking with the Alcohol Beverage Control (ABC) agency to see if there is a Minutes of the City Council Moorpark, California Page 19 January 20, 1999 condition requiring food be purchased in order to sell alcohol. In response to Councilmember Wozniak, Mr. Miller explained the process for converting the business to a record store. He stated a zoning clearance would be required. Councilmember Wozniak indicated his support for revocation of the conditional use permit. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to direct staff to prepare a resolution to revoke the conditional use permit. Mr. Kueny suggested directing staff to place consideration of revocation on the agenda at the earliest available date. Mayor Hunter and Councilmember Harper agreed to the amendment to the motion. The motion carried by unanimous voice vote. In response to Mayor Hunter, Mr. Miller stated there is a beer and wine license in conjunction with the restaurant. Councilmember Rodgers supported restricting and reducing the hours of operation to serve the function as an eatery. She stated she could support alcohol being served to compliment the eatery if the bar were removed. Mr. Kueny stated the matter had been referred to Community Develop Committee for further discussion. He stated the administrative permit allowed the sale of beer and wine in conjunction with the restaurant. Mr. Miller explained that the standard condition required food be available. Mr. Kueny suggested allowing staff to explore the sale of alcohol and to bring the matter back to the Council. Councilmember Harper stated it was necessary to review the illegal activity to determine if it was due to location or alcohol service. In response to Mayor Hunter, Captain Lewis stated the graffiti found at the location had not been seen anywhere else in the City. Minutes of the City Council Moorpark, California Page 20 January 20, 1999 Councilmember Harper suggested forming an ad hoc committee and empowering the committee to act on behalf of the Council. Mayor Hunter stated the owners had received a warning 30 days ago and he is pessimistic that any changes will be made. Councilmember Evans stated the matter had been referred to an ad hoc committee at the last meeting. Mayor Hunter stated the committee had been directed to discuss violations of conditions of approval. Councilmember Rodgers suggested eliminating the pool table, closing at 9:00 p.m., and removing the bar. Mr. Miller stated the applicant could voluntarily comply with the suggestions but the City Attorney would need to determine if the City could change the hours of operation. Councilmember Harper suggested the Community Development Committee meet with the applicant to obtain voluntary compliance. CONSENSUS: By consensus, the Council directed the Community Development Committee to work with Captain Lewis, ABC, and the business owner to seek compliance, and directed staff to bring the matter back to Council on February 3, after exploring legal options of revocation of the conditional use permit. Q. Consider the FY 1997 -98 Section 66006 Report. Staff Recommendation: Receive and file the Section 66006 report for the Fiscal Year 1997/98. CONSENSUS: By consensus, the Council received and filed the report. 11. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Rodgers seconded a motion to pull Items 11.D. and 11.F. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. Minutes of the City Council Moorpark, California Page 21 January 20, 1999 A. Consider Approval of Minutes of the December 16, 1998 Special City Council Meeting. Staff Recommendation: Approve the minutes as processed. B. Consider Approval of Warrant Register of January 6, 1999. Fiscal Year 1998/99 Manual Warrants 43319 & 43419 - 43425 $ 4,396.62 Regular Warrants 43426 - 43468 - D $ 357,452.06 43469 - 43538 - V $ 68,240.74 C. Consider Approval of Warrant Register of January 20, 1999. Fiscal Year 1998/99 Manual Warrants 43539 - 43551 $ 28,000.08 Regular Warrants 43553 - 43587 - D $ 47,933.87 43588 - 43660 - V $ 72,503.13 E. Consider Resolution No. 99 -1565 Amending Resolution No. 84 -99 relating to the Entertainment Express Ltd. Cable Television Franchise and Repealing Resolution No. 98- 1550. Staff Recommendation: Adopt Resolution No. 99 -1565 related to the Entertainment Express Ltd. cable franchise agreement and repealing Resolution No. 98 -1550. F. Consider the Acceptance of Improvements and Bond Reduction for IPD 96 -3 West America Construction Corporation. Staff Recommendation: 1) Accept the improvements as complete; 2) Authorize the City Clerk to exonerate the Grading bond; 3) Authorize the City Clerk to reduce the street improvement bond to 10% for a one year maintenance period and then exonerate the bond, subject to the Engineering Department's final approval at that time; and 4) Authorize staff to record a "Release of Agreement" if requested by the Developer. G. Consider the Acceptance of Improvements and Bond Reduction for IPD 96 -1 - Gibbs and Associates. Staff Recommendation: 1) Accept the improvements as complete; 2) Authorize the City Clerk to exonerate the Grading bond; 3) Authorize the City Clerk to reduce the street improvement bond to 10% for a one year maintenance period Minutes of the City Council Moorpark, California Page 22 January 20, 1999 —' and then exonerate the bond, subject to the Engineering Department's final approval at that time; and 4) Authorize staff to record a "Release of Agreement" if requested by the Developer. H. Consider Standing City Council Committee Regular Meeting Schedule. Staff Recommendation: Approve the schedule included in the staff report as the Standing Council Committee Regular Meeting Schedule for 1999. I. Consider Acceptance of Certain Street Riaht of Wa Required for the Construction of Traffic Signal and Related Improvements at the Intersection of Casey Road and Walnut Canyon Road (State Route 23). Staff Recommendation: Approve Certificates of Acceptance for the three subject right -of -way deeds and direct the City Clerk to cause said documents to be recorded. K. Consider the Purchase of Earthquake and Flood Insurance for City Property. Staff Recommendation: Postpone the decision to buy earthquake and flood insurance for City facilities until after the Fiscal Year 1999/00 budget is considered. The following items were pulled from the Consent Calendar for individual consideration: D. Consider Reconsideration of Approval of November 18, 1998, Regular City Council Meeting Minutes and Reconsideration of Vote on December 16, 1998. Staff Recommendation: 1) Reconsider approval of November 18, 1998, Regular City Council meeting minutes; and 2) Reconsider vote on December 16, 1998, and adopt the corrected minutes as processed. Councilmember Harper indicated he would be abstaining from the vote on the minutes of November 18, 1998. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to reconsider approval of November 18, 1998, Regular City Council meeting minutes. The motion carried by roll call vote 4 -0, Councilmember Harper abstaining. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to reconsider the vote on December 16, 1998, and adopt the corrected minutes as processed. The motion carried by roll call vote 4 -0, Councilmember Harper abstaining. Minutes of the City Council Moorpark, California Page 23 January 20, 1999 J. Consider Modifications to the City's Employee Computer Purchase Loan Program. Staff Recommendation: Approve the modifications to the employee computer purchase loan program as described in the staff report. In response to Mayor Hunter, Mr. Nowak stated the total appropriation was $30,000. Councilmember Harper suggested changes to the eligible purchases to include PC cards, Ethernet cards, and removable drives. He discussed the use of laptop computers by staff. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to approve the modifications to the employee computer purchase loan program as described in the staff report with amendments to the eligible purchase items to add PC cards, Ethernet cards, and removable drives. The motion carried by unanimous voice vote. 12. ORDINANCES: None. 13. CLOSED SESSION: None was held. 14. ADJOURNMENT: MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 12:26 a.m. ATTEST: �D��5, /�.. /-) - Deborah S. Traffenstedt City Clerk atrick oHipter6,tMayor