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HomeMy WebLinkAboutMIN 1991 0220 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California February 20, 1991 A Regular Meeting of the City Council of the City of Moorpark was held on February 20, 1991 in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Lawrason called the meeting to order at 7:17 p.m. A moment of silence was observed for those serving in the Persian Gulf war and as a remembrance for David Tomlinson, a City employee who died in an accident at the Santa Paula Airport last week. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Richard Hare. 3. ROLL CALL: Present: Councilmembers Perez, Wozniak, and Mayor Lawrason. Absent: Councilmember Montgomery. Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Pat Richards, Director of Community Development; Lt. Rodriguez, Sheriff's Department; Ken Gilbert, Director of Public Works; Susan Cauldwell, Assistant to the City Manager; Phil Newhouse, Director of Community Services; Carolyn Greene, Management Analyst; John Knipe, City Engineer; Don Reynolds, Management Analyst; Lillian Kellerman, City Clerk; Dorothy Vandaveer, Deputy City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Introduction of Accounting and Administrative Services personnel Teresa Jones, Roselee Teel, Theresa Dillon. Richard Hare introduced Teresa Jones, Roselee Teel, Theresa Dillon, who were all in attendance. Minutes of the City Council Moorpark, California Page 2 February 20, 1991 B. Proclamation in support of Crop Walk Day (March 3, 1991) . Mayor Lawrason presented the proclamation to Reverend Dilg of the Moorpark United Methodist Church. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: MOTION: Mayor Lawrason moved and Councilmember Perez seconded a motion to add as item 11.E. consideration of sending a letter of support for AB241 (McClintock) regarding a Moorpark seat on the Santa Monica Mountains Conservancy Advisory Committee, need for action having arisen since the posting of the agenda. The motion carried by voice vote, 3 -0, Councilmember Montgomery absent. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to add as item 11.F. consideration of a contract for electrical services with Simi Valley Electric for the City Hall portable office trailer, the bids having been received and the need for action having arisen after the posting of the agenda. The motion carried by voice vote, 3 -0, Councilmember Montgomery absent. 6. PUBLIC COMMENT: Joe Latunski, 289 Casey Road, spoke on behalf of the Senior Citizens. He invited the City Council and the public to attend the Senior Citizens' St. Patrick's Day Dinner to be held March 17th from 3:30 to 7:30 p.m. He added that a $5.00 donation per adult is being requested by the Seniors. Ruth Farabaugh, 13543 E. Cedarpine, spoke representing the North View Homeowners Association. She requested that Building and Safety write a letter to Pardee Construction letting them know what standards must be met for the shrouds in Tract 2865 (Pardee). Mr. Kueny indicated that the City will follow up and write a letter to Pardee Construction notifying them that there is an approved shroud. Brenda Chiari, 14738 Loyola, expressed concerns about the safety of children who live in her neighborhood and play close to the street. She requested that City officials review the situation as it may necessitate the placement Minutes of the City Council Moorpark, California Page 3 February 20, 1991 of speed bumps and the posting of "children at play" signs. She also indicated that a dead end sign may need to be posted in the vicinity of Queens Court and Marymount where the street dead ends. She said it is difficult to see at night that this street ends so abruptly. Mr. Kueny stated that he recommends that this be placed on the agenda in two weeks after the new City Engineer has had a chance to review the situation. Gary S. Anderson, 11990 Havencrest Street, spoke regarding the widening of Tierra Rejada Road. He requested that the City Council not delay in proceeding with this widening. He indicated that the City has been fortunate that there have not been more accidents on the road than already experienced. Gerry Goldstein, 11932 Los Angeles Avenue, spoke against the placement of yellow ribbons and flags in the City. John Dawson, 21300 Victory Blvd, #800, Woodland Hills, was present representing McDonald's Corporation. He said he was present to answer questions regarding Item 11.D. Bill Poleri, 300 Moorpark Avenue, #203, spoke representing the Moorpark Community Arts Council. He stated that the MCAC has a nominee to the Ventura County Arts Advisory Council for the City Council to consider. Also, he reminded the City Council and the public that the Moorpark Community Arts Council is sponsoring the Rocketdyne Jazz Ensemble on Saturday, February 23, 1991 at 8 p.m. Mr. Poleri stated it will be held at the Casey Road School Site and the admission for adults is $5.00. Connie Lawrason, 4291 Ambermeadow, spoke regarding the Support Our Troops Day which is being kicked off on Saturday, February 23. She indicated that the City has received 1700 flags and yellow ribbons to be used to decorate light poles throughout the City in support of our troops in the Persian Gulf. Mrs. Lawrason said if anyone wants to volunteer to help put up the ribbons and flags, they should notify Carolyn Greene at City Hall by Friday. Tom Montgomery, 2151 Alessandro Drive, Ventura, was present to answer questions regarding Item 11.D. Minutes of the City Council Moorpark, California Page 4 February 20, 1991 Ethel Sulkis, 270 Sierra Avenue, thanked Eloise Brown for being instrumental in obtaining the Grant Deed for the right -of -way needed for the widening of Tierra Rejada Road. Doug Frazier, 237 Sierra, thanked Eloise Brown for her efforts in securing the Grant Deed of the right -of -way needed for the widening of Tierra Rejada Road. He also asked the City Council when the traffic light at the corner of Poindexter and Moorpark Avenues will be operational. John Knipe responded that the bids for the traffic signal project will be opened in the next few days and an award will be made soon after. The poles and mast -arms have been received and the controller is ordered. Mr. Knipe said initiation of the work should begin in mid - April. Eloise Brown, 13193 Annette Street, spoke regarding the danger of some storm drains that exist in the City. She stated that some of the openings are large enough to present a danger to small children falling into them. She said some of the specific drains are located in North View Estates. Mrs. Brown also indicated that residents with Culligan water softeners should check them to see if they are efficiently using water. She said some of them utilize a constant stream of water and that shut -off valves can be used to stop the waste of water. George Greer, 4301 Woodglen Drive, spoke as a Peach Hill resident. He thanked all persons who are involved in the widening of Tierra Rejada Road. As a second item, he indicated that water bills from Waterworks District No. 1 need to be made clearer so that consumers can more easily assess water usage amounts. Mayor Lawrason commented that the City should advise Waterworks District No. 1 that the public needs to be informed how to read their bills and how to determine how much water they are using. He asked that City staff contact the water agency with the suggestion. Frank Jansen, 800 S. Figueroa, Los Angeles, spoke regarding Item 11.A, The Embassy Group's request for an additional time extension. He requested that the City Council grant a four -year time extension for this project. Minutes of the City Council Moorpark, California Page 5 7. COMMITTEE REPORTS: None. 8. CONSENT CALENDAR (Roll Call Vote): February 20, 1991 MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to pull items 8.E., 8.I., and 8.N., and approve the balance of the Consent Calendar. The motion carried by roll call vote, 3 -0, Councilmember Montgomery absent. A. Consider Approval of Minutes of Special Meeting of City Council of January 23 1991. B. Warrant Register Manual Warrants 13999 - 14000, 14559 - 14562, 14643 -14656 $ 43,246.91 Voided Warrants 13816, 14445, 14622, 14628, 14637 ($ 12,051.05) Warrants 14661 -14748 $170,353.50 C. Consider a Request to Send Planning Commissioners to the League of California Cities Planning Commissioners Institute. Staff Recommendation: Approve the request. D. Consider Acceptance of 1990 Slurry Seal Project. Staff Recommendation: Accept work and file Notice of Completion and release retention. F. Consider Grant Application for State Household Hazardous Waste Program. Staff Recommendation: Approve submittal of attached grant to the California Integrated Waste Management Board, adopt Resolution No. 91 -744, and direct City Manager to sign and forward original documents to Sacramento. G. Consider Acceptance of LDM -8 (Annotti) Improvements. Staff Recommendation: Accept LDM -8 as complete and exonerate bonds. H. Consider Los Angeles Avenue (West) Widening - Acceptance of Improvements. Staff recommendation: Accept the project and file a Notice of Completion. Minutes of the City Council Moorpark, California Page 6 February 20, 1991 J. Consider City Manager Approved Contract for Soils Compaction Testing with Tierra Tech. Staff Recommendation: Receive and file. K. Clarify Resolutions 91 -737 and 738 Action Relative to Moorpark Lighting Maintenance Assessment District No. AD -84 -2 and Parks Maintenance Assessment District No. AD -85 -1. Staff Recommendation: Receive and file. L. Consider PD 966 Minor Modification No 5 - A Reauest to Amend the Approved Sign Program Regarding the Rib Cage Restaurant. Staff Recommendation: Receive and file. M. Consider Approval of Agreement for City Engineering Services with Charles Abbott Associates Inc. Staff Recommendation: Approve agreement and authorize Mayor to sign on behalf of City. O. Consider Appointment to Ventura County Arts Commission Advisory Panel. Staff Recommendation: Authorize staff to advertise for persons interested in the appointment. P. Consider A Report Regarding the Status of Home Occupation Permits. Staff Recommendation: Direct staff to return with specific recommendations regarding a time limitation and proposed fee. The following items were pulled from the Consent Calendar for individual consideration: E. Consider Retaining A Consultant to Prepare a Master Drainage Study for Arroyo Vista Community Park. Staff Recommendation: Approve selection of Hawks & Associates to perform drainage study and authorize the Mayor to sign related contract documents. In response to Councilmember Perez, Mr. Gilbert said the study should be completed within one month. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to approve the staff recommendation. The motion carried by voice vote 3 -0, Councilmember Montgomery absent. Minutes of the City Council Moorpark, California Page 7 February 20, 1991 I. Consider Police Department's 1990 Annual Report. Staff Recommendation: Receive and file. Mayor Lawrason went over the statistics presented in the report and indicated that the motorcycle officer has had a positive influence on traffic enforcement in the City. MOTION: Councilmember Lawrason moved and Councilmember Wozniak seconded a motion to receive and file the report. The motion carried by voice vote 3 -0, Councilmember Montgomery absent. N. Consider Acceptance of Grant Deed from WattWest Inc. for Property on Moorpark Road South of Tierra Rejada Road as Part of Tierra Rejada Road Widening Project. Staff Recommendation: Accept Grant Deed and authorize City Clerk to execute Certificate of Acceptance and approve February 15, 1991 Letter of Agreement. In response to Councilmember Wozniak, Mr. Kueny said the need for the subject property on tonight's agenda resulted from the need to obtain an encroachment permit from the County of Ventura to complete improvements at the Moorpark Road intersection with Tierra Rejada Road. Initial right -of -way discussions with Watt started in 1989. MOTION: Councilmember Wozniak moved and Mayor Lawrason seconded a motion to approve the staff recommendation to accept the Grant Deed and authorize the City Clerk to execute the Certificate of Acceptance; to approve the February 15, 1991 Letter of Agreement. The motion carried by voice vote 3 -0, Councilmember Montgomery absent. 9. PUBLIC HEARINGS: A. Consider Re- Appropriation of 1988/89, 1989/90 and 1990/91 Community Development Block Grant funds, ($473,716) to Meet Expenditure Deadlines. Staff Recommendation: Reappropriate $242,266 for a loan to the City of Santa Paula. (Continued Item 9.D. from 2/13/91) Mayor Lawrason indicated that the public hearing was still open. Minutes of the City Council Moorpark, California Page 8 February 20, 1991 There were no speaker cards presented for this item. Mayor Lawrason said that because of a perception of a conflict of interest because of his relationship with the Boys and Girls Club as a member of the Board of Directors, he would abstain from voting. He indicated that with Councilmember Montgomery absent he believed the item should be continued to an adjourned meeting next week. MOTION: Mayor Lawrason moved and Councilmember Perez seconded a motion to continue the item to an adjourned meeting on Monday, February 25, 1991 at 5:30 p.m., the public hearing to remain open. The motion carried by voice vote 3 -0, Councilmember Montgomery absent. 10. COMMENTS FROM COUNCIL MEMBERS: Councilmember Perez stated that the City would benefit from CITYLINK and that the City should take action to install the system. Mayor Lawrason concurred. Councilmember Wozniak spoke concerning a recycling day to be held at the Community Center on February 23, 1991. Mayor Lawrason commented on the gang task force which will be meeting February 28. He indicated that both he and Councilmember Perez would be attending. 11. ACTION /DISCUSSION ITEMS: BY CONSENSUS: By consensus the Council determined to hear item 11.D. prior to the other Action/ Discussion Items. D. Consider Review of Revised McDonald's Traffic Study. Staff Recommendation: Direct staff as deemed appropriate. John Dawson, 21300 Victory Blvd, #800, Woodland Hills, representing McDonald's, said they would like to have their application considered as a separate action from the current General Plan Update process with hopes that it will expedite the process. He said historically it takes cities long periods of time to complete the General Plan Update process and the McDonald's Corporation was hoping to be excluded from what they thought would be a lengthy process. Minutes of the City Council Moorpark, California Page 9 February 20, 1991 Mr. Kueny stated that the General Plan Updated will be decided before a general plan amendment could be completed outside the general plan update process. He recommended receiving and filing the report and not proceeding with separate processing. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to receive and file the report and to deny the request for separate processing of a general plan amendment for this project. The motion carried by voice vote 3 -0, Councilmember Montgomery absent. A. Time Extension. Staff Recommendation: Grant conditional six month time extension. (Continued Item 11.A. from January 23, 1991) Mr. Kueny said that the Parcel Map that accompanied the planned development permits was recorded. He said there is a subdivision agreement in place and bonds. The original PD's were approved in September 1987. MOTION: Mayor Lawrason moved and Councilmember Perez seconded a motion to deny the request for an additional time extension. The motion carried by voice vote 3 -0, Councilmember Montgomery absent. B. Consider Ordinance to Provide that Written Contracts may be Signed by the City Manager as an Officer of the City. Staff Recommendation: Introduce Ordinance No. 139 for first reading. In response to Mayor Lawrason, Mr. Kueny clarified the situations under which the City Manager would be authorized to execute contracts if the proposed ordinance were adopted. Councilmember Perez indicated his support of the ordinance. BY CONSENSUS: By consensus the previous minute action of January 20, 1986 concerning this matter was rescinded. Ms. Kane read the ordinance title. Minutes of the City Council Moorpark, California Page 10 February 20, 1991 MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to read the ordinance title. The motion carried by voice vote 3 -0, Councilmember Montgomery absent. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to waive further reading and declare Ordinance No. 139 introduced for first reading. The motion carried by voice vote 3 -0, Councilmember Montgomery absent. C. Consider Authorization for Staff to Advertise for Receipt of Bids for the Construction of Handicap Ramps at Various Locations (CDBG). Staff Recommendation: Approve plans and specifications and authorize staff to advertise. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to continue the item to the adjourned meeting to be held on Monday, February 25 at 5:30 p.m. The motion carried by voice vote 3 -0, Councilmember Montgomery absent. E. Consider a Letter in Support of AB241 (McClintock) regarding a Moorpark seat on the Santa Monica Mountains Conservancy Advisory Committee. Mayor Lawrason said he had been contacted by State Assemblyman Tom McClintock and told that AB241, providing a seat on the Santa Monica Mountains Conservancy Advisory Committee to Moorpark, will go to committee on Monday. He said that a letter should be sent to show support for this bill. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to authorize the Mayor to sign a letter of support for AB241. The motion carried by voice vote 3 -0, Councilmember Montgomery absent. F. _Consider Agreement for Electrical Service for Portable Office Trailer at City Hall. Mr. Kueny said the amount of the contract with Simi Valley Electric was $11,300 with a $700 contingency in case the scope of work changes. Minutes of the City Council Moorpark, California Page 11 February 20, 1991 MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to authorize the City Manager to spend up to $12,000 for installation of electrical service to the portable office trailer and to authorize the City Manager to sign and execute all necessary contracts on behalf of the City for said installation. The motion carried by voice vote 3 -0, Councilmember Montgomery absent for the vote. 12. ORDINANCES: A. Consider Second Reading and Adoption of Ordinance No. 137 - A Zoning Ordinance Update to be Adopted as an Interim Measure until after the Land Use and Circulation Elements of the General Plan have been Revised. Ms. Kane read the title of Ordinance No. 137. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to read the ordinance title. The motion carried by voice vote 3 -0, Councilmember Montgomery absent. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to waive further reading and declare Ordinance No. 137 read for the second time and adopted. The motion carried by voice vote 3 -0, Councilmember Montgomery absent. B. Consider Second Reading and Adoption of Ordinance No. 136 - Rezoning of the Carlsberg Specific Plan Area from R -E, R -E -1 and RPD 1.6 to C -P -D (SP) M -1 (SP), OS (SP), R -A (SP) RPD lu (SP) RPD 2u (SP) RPD 3u (SP), and RPD 5u (SP). Ms. Kane read the title of Ordinance No. 136. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to read the ordinance title. The motion carried by voice vote 3 -0, Councilmember Montgomery absent. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to waive further reading and declare Ordinance No. 136 read for the second time and adopted. The motion carried by voice vote 3 -0, Councilmember Montgomery absent. Minutes of the City Council Moorpark, California Page 12 February 20, 1991 C. Consider Second Readina and Adoption of Ordinance No. 138 - An Ordinance adopting the Community Design Plan and the Development Standards as described in the Carlsberg Specific Plan as the zoning Regulations for said planning area. Ms. Kane read the title of Ordinance No. 138. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to read the ordinance title. The motion carried by voice vote 3 -0, Councilmember Montgomery absent. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to waive further reading and declare Ordinance No. 138 read for the second time and adopted. The motion carried by voice vote 3 -0, Councilmember Montgomery absent. 13. FUTURE AGENDA ITEMS: Mayor Lawrason asked for a status report on unreinforced masonry buildings in the city. 14. CLOSED SESSION: MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to adjourn to Closed Session for a discussion of all items listed on the agenda. A. Personnel. B. Potential litigation pursuant to Government Code Section 54956.9(b)(1) C. Potential litigation pursuant to Government Code Section 54956.9(c) 'D. Litigation concerning City of Moorpark vs. Moorpark Unified School District. 'E. Litigation concerning Moorpark Unified School District vs. City of Moorpark. F. Litigation concerning Ventura County Community College District vs. City of Moorpark. G. Litigation concerning the County of Ventura vs. City of Moorpark. Minutes of the City Council Moorpark, California Page 13 February 20, 1991 H. Negotiations for Real Property on the North side of Tierra Rejada Road East of Spring Road (Pacifica Corp.) pursuant to Government Code Section 54945.8. ,I. Litigation concerning the Moorpark Mosquito Abatement District vs. City of Moorpark. J. Litigation concerning Colonial Mortgage vs. the City of Moorpark. Y. Negotiations for Real Property at 289 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54945.8. �L. Negotiations for Real Property on Los Angeles Avenue (East) pursuant to Government Code Section 54945.8. M. Litigation concerning City of Moorpark vs. Chuy's Restaurant. N. Negotiations for Real Property for three properties concerning Avenida Colonia and Nogales Street Reconstruction project: 1) Simon (APN 513 - 032 -04), 2) Faircloth (APN 513 - 033 -01), and 3) Ceniceros /Beltran (APN 513 - 024 -06) O. Negotiation for real property on the south side of Tierra Rejada Road, east of Spring (Watt). The motion carried by voice vote 3 -0, Councilmember Montgomery absent. AT THIS POINT in the meeting a recess was declared. The time was 9:00 p.m. The meeting reconvened into Closed Session at 9:10 p.m. Present in Closed Session were all Councilmembers but Councilmember Montgomery; Steven Kueny, City Manager; Cheryl Kane, City Attorney; and Richard Hare, Deputy City Manager. The meeting reconvened into Open Session at 10:05 p.m. Mr. Kueny stated that there was no action to report out of Closed Session and only items 14.A., 14.D., 14.E., 14.F., 14.I., 14.J., 14.K., 14.L., and 14.N. had been discussed. Minutes of the City Council Moorpark, California Page 14 15. ADJOURNMENT: ATTEST: February 20, 1991 MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to adjourn to 5:30 p.m. on Monday, February 25, 1991. The motion carried by voice vote 3 -0, Councilmember Montgomery absent. The time was 10:06 p.m. j Paul W. Lawrason Jr., Ma or