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.
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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
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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
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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
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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
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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
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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
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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.
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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