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HomeMy WebLinkAboutMIN 1989 0123 CC ADJMINUTES OF THE CITY COUNCIL Moorpark, California January 23, 1989 An Adjourned Meeting of the City Council of the City of Moorpark, California was held on January 23, 1989 in the Council Chambers of City Hall of said City, located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: The Meeting was called to order at the hour of 7:06 P.M. by Mayor Brown. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Perez. 3. ROLL CALL: Present: Councilmembers Clint Harper, Paul Lawrason, Scott Montgomery, Bernardo Perez and Mayor Eloise Brown. Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Susan Cauldwell, Administrative Assistant; Phil Newhouse, Director of Community Services; and Carolyn Dyer, Records Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND_SPECIAL PRESENTATIONS: None were presented for approval. 5. REORDERING OF, AND ADDITIONS TO,_THE AGENDA; Steven Kueny, City Manager asked for consideration of an approximate $290,000 payment to Myers /McKean, contractor for Tierra Rejada Bridge project which came up after the posting of the agenda. The project has been completed and the notice of completion recorded. The contract requires the City to pay the retention prior to the date when the Council is scheduled to meet again. MOTION: Councilmember Perez moved and Councilmember Harper seconded a motion to add this item to the agenda since the matter arose after the agenda posting and a payment is required per the contract with Myers /McKean as Item 11.N. Motion carried unanimously by voice vote. 6. PUBLIC COMMENTS: None were presented. Minutes of the City Council Moorpark, California Page 2 7. COMMITTEE REPORTS: January 23, 1989 Councilmember Perez gave a report that Mayor Brown and himself met with Phyllis Patterson regarding the Renaissance Faire. This meeting was an informational meeting. The traffic study information should be available in two (2) weeks and after that time the permit is expected to be submitted to the County. The Faire representatives have no intent of coming sooner to meet with the Council until they have all the information. Councilmember Harper discussed the closest entrance to the Faire. Councilmember Perez stated that Tierra Rejada and Spring Road would be the entrance and that people coming from Thousand Oaks would take Moorpark Road. Councilmember Harper suggested that the Council contact them and let them know it would not be a good choice for an entrance. Councilmember Perez and Mayor Brown felt the representative was bringing information to let everyone know what the Faire is about rather than having specific details. Mayor Brown felt they were very naive by saying they were familiar with the area. Councilmember Lawrason asked how prepared were they for this Faire. Councilmember Perez stated he felt it was amazing that the Faire people had this site already picked out. Traffic was the reason the Faire was turned down in Simi Valley. 8. CONSENT CALENDAR: None were presented. 9. PUBLIC HEARINGS: None were presented. 10. COMMENTS FROM COUNCILMEMBERS: 10.B. Consider Council appointment of citizens to various committees. Mayor Brown requested that two (2) appointments be made to the Redevelopment Committee. Steven Kueny, City Manager, stated that Item 10.A. Consider appointments to the Redevelopment Project Area Committee (PAC) had been deferred by the Council until the next regularly scheduled meeting. 10.C. Consider establishment of City-Performing and Fine Arts Commission or Committee. Councilmember Harper asked to have this item on the agenda. There has been some discussion with the Chamber of Commerce of having art groups and art fairs in the downtown community. There is a need to form a self supporting committee or committees for performing and fine arts. Councilmember Lawrason and Mayor Brown support this concept and also support art in public places. Councilmember Harper would like to see representatives from Moorpark Community College, Moorpark Unified School District and Minutes of the City Council Moorpark, California Page 3 January 23, 1989 from the Council making this a seven (7) member committee. Councilmember Montgomery stated this would be an excellent idea and that there would be a need to concretely define ideas for this committee. Mayor Brown suggested that Parks and Recreation be involved in this committee also. The committee would report directly to the Council. Councilmember Harper suggested that specific activities be defined and reported on at the second regular meeting in February. Councilmember Lawrason suggested that a representative be on the Ventura County Arts Committee. By consensus, a subcommittee consisting of Mayor Brown and Councilmember Harper was formed and they will bring back this item to the Council with all the information. Councilmember Lawrason stated all members of the Council received a letter from the Moorpark Historical Society regarding a site and building for use as a museum. It was a consensus to have this item on the agenda at the next meeting. Councilmember Lawrason stated that he had received a letter from Charles Sciame, Villa Del Arroyo Mobilehome Park, to State Senator Torres regarding being able to evacuate quickly the handicapped and older residents at the Villa Del Arroyo Mobilehome Park when a disaster such as the chlorine leak occurs. Councilmember Lawrason asked if the City was doing anything about a proposed development, Caston Trust, et al, GPA in the East Santa Rosa Valley area. Steven Kueny, City Manager stated that the letter is already in final form and will be sent. Councilmember Perez asked about the tree ordinance. Phil Newhouse, Director of Community Services reported there is a request to remove back yard trees relative to altering City Ordinance No. 101. Steven Kueny reported that this was scheduled for the February 1st City Council meeting. 11. DISCUSSION /ACTION ITEMS: 11.A. Proposed agreement with CalTrans for City_fundinq participation for truck climbing lang_on 118 Freeway. Susan Cauldwell, Administrative Assistant, gave overview of staff report stating $10,000 had been appropriated for this project. CalTrans forwarded agreement which has been reviewed by Cheryl Kane, City Attorney. CalTrans anticipates construction time to be 12 to 18 months. It is recommended that the funds come from the Gas Tax Funds instead of General Fund. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion that staff recommendations be adopted: (1) That the City Council authorize the Mayor to execute the agreement with CalTrans for a truck climbing lane on the Westbound Minutes of the City Council Moorpark, California Page 4 11.0 January 23, 1989 Simi Valley Freeway with changes to the agreement as approved by the City Manager and City Attorney. (2) That the City Council appropriate $10,000 from the Gas Tax Fund to cover the City's share of expenses and direct staff to obtain an opinion from the State Controller's Office as to the appropriateness of using Gas Tax Funds for this purpose, and (3) That, in the event Gas Tax funds are not an appropriate expenditure, the City Council appropriate $10,000 from the General Fund Reserve. A roll call vote was taken and motion carried unanimously by individual voice vote. Consid regard proposed terrace design). 41 (Griffin Homes) for of the conditions of approval feet rear yard requirement (a Steven Kueny reported that Griffin Homes was not available for this meeting and requested that this Item 11.C. as well as 11.F. (Consider the Planning Commission's request for further direction from the City Council regarding Art in Public Places) be deferred to the next meeting. The Council concurred. 11.0. Review of Draft Conceptual Plan for Arroyo Vista Community Park. Phil Newhouse, Director of Community Services, reviewed his staff report concerning the four conceptual master plans. Concept A: The Parks and Recreation Commission approved concept master plan for development of Arroyo Vista Community Park. This plan was the result of a joint meeting of the City Council and Parks and Recreation Commission on August 29, 1988; Concept B: Generated by Council as a result of your joint meeting with the Parks and Recreation Commission on August 29, 1988; Concept C: The first concept master plan approved by the Parks and Recreation Commission which was generated from information collected from two public meetings; Concept D: Concept plan proposed by staff to Parks and Recreation Commission for consideration. Phil Newhouse discussed the realignment of soccer fields. Councilmember Montgomery had questions on parking spaces and where they were located. Phil Newhouse pointed out all parking spaces, number of spaces in each area, and what park area they would be located near. Councilmember Montgomery had questions regarding hard court play areas. Phil Newhouse pointed out tennis courts, handball and racquet ball courts, basketball, soccer and football. Phil Newhouse also stated that the Field Hockey Association has approached the City and has $1 million to give to the park for Minutes of the City Council Moorpark, California Page 5 January 23, 1989 Field Hockey. Moorpark would be designated the United States Training Center for Field Hockey. The Commission is in favor of this. The money would be used for fencing, bleachers, large astro turf hockey field. This field would also be available for soccer. Field Hockey representatives will be at the next meeting on January 30th. Councilmember Harper discussed the possibility of moving the field hockey to the left side of the park. Mayor Brown stated there is a need to think about the noise since it is a residential area and also parking places for picnickers and where the picnic area is located. Councilmember Harper stated the picnic area is near the lake area. Councilmember Montgomery showed concern for fire roads. In response to a question from Councilmember Perez, Steven Kueny stated G. H. Palmer is preparing a plan for the pedestrian bridge. Councilmember Harper asked if the Park and Recreation Commission would meet before the joint meeting whereby the ideas on the field hockey field placement could be heard. The Parks and Recreation Commission will not be meeting before the January 30 joint meeting. 11.1-1. Consider request for proposals for conceptual design of Downtown Park on Lower Field of former_hi_qh_school site (280 Casey Road). Phil Newhouse reviewed staff report. He stated the Council, at the Joint meeting with the Commission on December 12, 1988 Council directed the Commission to hold a public meeting to solicit input for facilities and types of uses that would be at a proposed downtown park; and, that location was the lower athletic field of the old high school located on Casey Road. The Commission has set February 13, 1989 for the public hearing meeting. In August, 1988 the Commission also held a public meeting to solicit input from the community for types of activities and facilities that the community would like to see at a downtown park at an undisclosed location. At that public meeting, comments that were addressed unofficially indicated residents wanted the lower athletic field as the location for the park. Staff has prepared an RFP with those suggestions or requests from that meeting. He stated the staff recommendation was to defer action on the Request for Proposal for the Downtown Neighborhood Park until the March 1, 1989 City Council meeting to allow the Parks and Recreation Commission the opportunity to take suggestions and review the requests and add to the RFP if necessary. Councilmember Harper would like to see this project tied into the Government complex between the Library and City Hall. He would like to see this suggestion added to the master plan. Councilmember Montgomery asked why the Council could not proceed along and shorten rather than lengthen the process. Phil Newhouse stated that since the August meeting was input for the downtown park at an undisclosed location, not specifically the lower field area. The reason for the second public meeting is to specifically consider the lower fields. Councilmember Montgomery then asked why the Council should defer action on this matter. Phil Newhouse Minutes of the City Council Moorpark, California Page 6 January 23, 1989 responded to allow the Parks and Recreation Commission to hold the additional public hearing to consider specific amenities for the lower field area. Councilmember Harper stated he would like to see the Council move ahead with the RFP and state that other amenities may be added at a later time. Councilmember Harper stated this RFP is essentially the same as Peach Hill Park. The RFP is duplicating existing parks except for the swimming pool. Mayor Brown had a concern that if it is the same as Peach Hill hopefully it will not duplicate the lack of parking spaces. Councilmember Lawrason questioned II. 6. on the RFP dealing with parking. Steven Kueny stated the final design would determine the number of parking spaces. There is not a school nearby and no on street parking as is the case at Peach Hill Park. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to direct staff to make changes which have been identified with regard to and inclusion of the Government Center and would like to see this issue as soon as possible. Motion carried unanimously on voice vote. Steven Kueny asked for further clarification on how the RFP should be handled, once the responses have been received. Council committee, back to Parks and Recreation Commission which can be discussed at a future meeting. By consensus, the Council directed the responses to be reviewed by the Council's Public Works /Public Facilities Committee. 11.L. Consider agreement for preparation of minutes for City Council meetings. - - - -_ -- -- -- _ Steven Kueny apologized for lateness in getting the agreement to the Council. It is essentially the standard City Agreement. The unique paragraphs are paragraph 1 regarding compensation and paragraph 6 responsibilities of the City. In addition, due to the nature of the agreement and impact on compensation, it will not require insurance. Services will be provided in the persons place of residence and will be transmitted to the City through the mail. There are not 44 sets of minutes but 53 sets of minutes in Exhibit A on page 1. Steven Kueny asked to amend the agreement even further to incorporate the additional nine (9) sets of minutes at the agreed upon price which would increase the agreement and necessitate a modification to Exhibit B to include additional time. This would require a shift of funds from another account to cover additional minutes. There is salary savings with the vacancy in the City Clerk position. Funds could be shifted from this to contractual services account. Councilmember Harper asked if Redevelopment Agency minutes would be included in this. Steven Kueny stated that Redevelopment Agency is included since the Redevelopment Agency always met the same night as the Council. This is mentioned in paragraph 1 of the agreement. Minutes of the City Council Moorpark, California Page 7 January 23, 1989 Steven Kueny stated that he is the only staff person available on staff (since October 1987) to critique these minutes. They must be done to his satisfaction before they will be compensated for. Councilmember Lawrason stated that the math of 53 sets of minutes would be $11,563.54. Councilmember Montgomery asked if the $218.18 be adjusted to reflect the total compensation to still be $9,600. Steven Kueny responded that the cost would be additional. Councilmember Montgomery asked if the cost is $11,563.54. Steven Kueny responded with a yes and suggested that if the Council concurred, that Council would direct staff to proceed in that manner but staff would bring back the additional appropriation required for consideration by the Council on February 1, 1989. Councilmember Lawrason stated that there was no alternative or reasonable way to get these completed. Councilmember Harper stated it seems like a lot of money but asked how long can the Council go without getting the minutes in order. MOTION: Councilmember Lawrason moved and Councilmember Perez seconded a motion to approve staff recommendation of the agreement with Maureen Wall subject to final language approval by the City Manager and City Attorney; and authorize the Mayor to execute the agreement on behalf of the City with a change in number of minutes to 53 from 44 for a total of $11,564. Councilmember Harper asked for clarification on where the additional funds would be appropriated from. Steven Kueny stated from the salary savings. MOTION AMENDMENT: Councilmember Harper moved and Councilmember Perez seconded an amendment to the motion to accept the staff recommendation with additional number of minutes and that the additional appropriation required come back to Council action so that a staff report can be prepared. Motion carried unanimously by voice vote. VOTE ON MAIN MOTION: The voice vote was unanimous. 11.M. Consider Crossing Guard classification and staffing. Steven Kueny stated there was no report, only the outline previously given. There is a problem with vacancies in the seasonal crossing guard positions. There are six (6) locations, two crossing guards have resigned and we are on the verge of losing another. It has required 2 or 3 maintenance workers to fill in for this because of the critical nature of the job. Most of the other communities rely on retired persons and Moorpark has not been able to do this. Looking at potential modifications in salary structure and would like to discuss this with the Council. The second problem is staffing. Of the six locations, only one location can go unstaffed for any length of time which is Peach Hill /Williams Ranch Road/ Christian Barrett. It is a 40' wide road with stop signs on all four corners. All other streets have heavy traffic or are approaching 80 to 94' curb to curb and have Minutes of the City Council Moorpark, California Page 8 January 23, 1989 to be staffed. It is also the goal that the Maintenance Supervisor not be a crossing guard except when necessary. And the only other fallback is the conversion of the City's traffic safety car for this purpose and is hoped to be avoided. It is the City's aim to have at least five (5) locations covered with regular crossing guards. If that is not possible, the order would be maintenance department, maintenance supervisor and lastly the Sheriff's Department. Councilmember Lawrason said at the current highest rate of $7.06, salary would be $4,500 per year. Councilmember Harper stated that crossing guards are essential to the community. Council may want to reconsider supporting 100% of the cost and that could be reopened with the Moorpark Unified School District, Councilmember Lawrason agreed with this statement. Mayor Brown stated that this should be a shared responsibility between the City and Moorpark Unified School District. Councilmember Harper stated that we should pay enough to retain these people and share the responsibility since it is a school related matter. Steven Kueny stated that the City or County has the responsibility to provide this service and even when the school district was staffing it the City paid 100% of the cost. Councilmember Harper would like to get a report back to see how other cities in Southern California handle this. Mayor Brown agreed with Councilmember Harper's statement and added that a determination must be made where crossing guards are really needed. Steven Kueny reported that the City has the final decision just like we do with stop signs. All six (6) of the present locations are required. Mayor Brown asked if research had been done on other cities school crossing guards pay schedule and benefits. Steven Kueny stated that in some cases he feels we are slightly higher on the pay scale and no other cities give benefits to crossing guards. Councilmember Perez questioned minimum age for crossing guards. Steven Kueny stated he was not aware of any legal requirements. He is sure they would need to have a work permit and would be concerned with the maturity and responsibility of the individual since they would have a great amount of responsibility. Steven Kueny commented that staff was just sharing dilemma with the Council and if there was anything on the list of potential ideas that the Council did not want staff to pursue, it would be dropped. The City is looking at all avenues to increase ability to get crossing guards and retain them. By consensus, staff was directed to work up a report including information regarding this and to bring it back to the Council. 11.N. Authorization of retention payment_for 290,000 to Myers /McKean Steven Kueny stated this was the item that was earlier added to the agenda and is the authorization of the retention payment to Minutes of the City Council Moorpark, California Page 9 January 23, 1989 Myers /McKean, contractor for the Tierra Rejada Bridge project. The City is obligated to make this retention payment at the thirty -fifth (35) day if there are liens filed. The City is withholding a portion of the normal 10% in that there are three (3) outstanding liens. In discussing it with the contractor, he claimed that two (2) of them had been rectified and he was directed to submit this information to the City Engineer's office for verification. Payment is approximately $291,500 and staff is asking to authorize payment to Myers not to exceed $299,000. Mayor Brown questioned $299,000. Steven Kueny stated that the $291,500 did not include the two (2) liens which had been rectified and he wanted to include those if that is verified by the City Engineer. Councilmember Harper asked about ponding of water on sections of the road. Steven Kueny stated the City Engineer did concur that there was a problem and is looking at this with Urban West not the contractor. Steven Kueny stated that anything beyond this point should be covered by the warranty period. If there was something found not to be right, then this would be discussed with the City Engineer. Councilmember Lawrason asked about the erosion on the southeast side was part of the contractors responsibility. Steven Kueny stated that was the responsibility of Urban West Communities and the Moorpark Unified School District. They had diverted the water there from the high school site during the first or second storm this year. They are currently repairing this damage. Councilmember Harper asked about the City Engineer recommendations on fencing. Steven Kueny was given a report approximately three (3) weeks ago which stated that the City Engineer did not want to proceed with it. It was felt that the City should retain others to make that recommendation because of its nature unless it was something from a structural nature they did not feel it was within their area of expertise. This is in the process of being done. MOTION: Councilmember Harper moved and Councilmember Lawrason seconded a motion that the Council authorize payment to the bridge contractor not to exceed $299,000. A roll call vote was taken and motion was carried unanimously. 12. ORDINANCES: There were none. 13. FUTURE AGENDA ITEMS: Councilmember Lawrason stated there is one item he would like placed on a future agenda. He has received a letter from Marcus Weiss, Home Acres Homeowners Association speaking about the Landscape Assessment District that they are trying to work out with Urban West and asked if there would be consideration of a time extension to accommodate this. Minutes of the City Council Moorpark, California Page 10 January 23, 1989 Councilmember Perez requested placing ordinance on tree removal on future agenda. 14. CLOSED SESSION: Mayor Brown asked which items would be discussed in Closed Session. Steven Kueny recommended all items listed on agenda: A. Personnel. G. Negotiation for real property at 280 Casey Road (former high school site - Moorpark Unified School District) pursuant to Government Code Section 54956.8. H. Negotiation for real property on a portion of A.P.N. 500 -35 -22 (Carlsberg) pursuant to Government Code Section 54956.8. I. Negotiation for real property on a portion of Community Focus area of PC -3 (Urban West Communities) pursuant to Government Code Section 54956.8. Councilmember Harper moved and Councilmember Perez seconded the motion to go into Closed Session and discuss the above Closed Session Items A, G, H, and I. Motion carried unanimously with a voice vote. Meeting was adjourned to Closed Session and Mayor Brown stated it was not anticipated to announce any actions out of Closed Session. The time was 9:17 P.M. The Council reconvened into Closed Session at 9:27 P.M. with all Councilmembers present, as well as Steven Kueny, City Manager and Richard Hare, Deputy City Manager. The Council reconvened into open session at 11:05 P.M. City Manager Kueny announced there was no action to report. 15. ADJOURNMENT: Councilmember Harper moved and Councilmember Perez seconded a motion to adjourn the meeting. The voice vote was unanimous to adjourn to January 30 at 7:00 P.M. for a joint meeting with Parks and Recreation Commission concerning conceptual design of Arroyo Vista Community Park and for Personnel matters in Closed Session. The time of adjournment was 11:06 P.M. Eloise Brown, Maybr ATTEST: Richard Hare City Clerk