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HomeMy WebLinkAboutMIN 1991 0306 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California March 6, 1991 A Regular Meeting of the City Council of the City of Moorpark was held on March 6, 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. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Steven Kueny. 3. ROLL CALL: Present: Councilmembers Montgomery, Perez, Wozniak, and Mayor Lawrason. 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; Charles Abbott, City Engineer; Lillian Kellerman, City Clerk; Dorothy Vandaveer, Deputy City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: Mayor Lawrason congratulated Roy Talley, Jr. on his election to the Council. A presentation was given by Al Fuentes for Southern California Association of Government (SCAG) on SCAG's Proposal for Regional Governance. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. Minutes of the City Council Moorpark, California Page 2 6. PUBLIC COMMENT: March 6, 1991 Connie Lawrason, 4291 Ambermeadow Street, spoke in support of the Life Line Program for Senior Citizens. She encouraged the City Council to give it their full support. Errol Hale, 4330 Deepwell Lane, spoke representing Shiloh Community Church. He thanked the City Council for their quick action regarding the car wash construction next door to the church. He asked that the hours of operation of the car wash business be regulated so as not to interfere with Sunday worship services at the church. He also requested that a fence be constructed on the south property line to prohibit children from wandering into the construction site. Brenda Chiari, 14738 Loyola Street, asked the City Council what action is being taken to deal with the traffic concerns in her neighborhood. Mr. Kueny stated to Council that a report will be presented at the next regular meeting on March 20, 1991. Ron Tankersley, 2800 28th Street, Suite 200, Santa Monica, spoke representing Carlsberg Financial Corporation. He stated that he and Allen Camp, legal counsel for Carlsberg, are present to answer any questions regarding agenda item 11.E. Gerry Goldstein, 11932 Los Angeles Avenue, spoke regarding appointments that are made to the Parks and Recreation and Planning Commissions. He stated that the public should be aware of who the candidates are and when the interviewing process is taking place. Glenn Hartman, 1028 Deseo Avenue, Camarillo, spoke representing the Westland Company. He expressed hope that the proposed residential development will be able to proceed as scheduled. 7. COMMITTEE REPORTS: Councilmember Montgomery reported on the Ventura County Waste Commission meeting, indicating that he was re- elected Vice Chairman. He also said he had received letters of appreciation for the City's Christmas Tree Recycling program. Minutes of the City Council Moorpark, California Page 3 March 6, 1991 Mayor Lawrason reported on the Gang Task Force meeting that he and Councilmember Perez attended. 8. CONSENT CALENDAR (Roll Call Vote): MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to pull items 8.D., 8.E., and 8.I. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Joint Meeting of City Council and Planning Commission (General Plan Update) of January 14, 1991. Consider Approval of Minutes of Special Meeting of City Council of February 6. 1991. Consider Approval of Minutes of Regular Meeting of City Council of February 6, 1991. Consider Approval of Minutes of Adjourned Meeting of City Council of February 13, 1991. Consider Approval of Minutes of Special Meeting of City Council of February 20, 1991. Consider Approval of Minutes of Adjourned Meeting of City Council of February 25, 1991. Consider Approval of Minutes of Joint Meeting of City Council and Planning Commission of December 9. 1985 Consider Approval of Minutes of Joint Meeting of City Council and Planning Commission of January 3 1985. Staff Recommendation: Approve processed. B. Warrant Register Manual Warrants 14657 - 14760, 14749 - 14751 Voided Warrants 14661 and 14748 minutes as $ 4,621.34 ($ 1,448.09) Warrants 14758 - 14833 $162,323.64 Minutes of the City Council Moorpark, California Page 4 March 6, 1991 C. Consider City Administration of the Community Development Block Grant Senior Lifeline Program and Expenditure of City Funds to Support Program. Staff Recommendation: Authorize staff to develop City program and authorize expenditure of $1200 of Social Service Account Funds. F. Consider Contract for the Re- Striping of Mountain Meadow Drive from Tierra Rejada Road Northerly to Mountain Trail Street. Staff Recommendation: Approve agreement. G. Consider Acceptance of Easement and Grant Deeds for Avenida Colonia /Nogales Project (Faircloth and Simen ). Staff Recommendation: Authorize City Clerk to execute Certificate of Acceptance. H. Consider Type of Turf Grass for South Meadows Park. Staff Recommendation: Approve use of common Bermuda grass. J. Consider Status Report Regarding Coast Auto Salvage. Staff Recommendation: Receive and file. K. Consider Authorization to Award Contract for Traffic Signal at Poindexter and Moorpark Avenues. Staff Recommendation: Award contract. L. Consider Serving as Host City for Channel Counties Division of League of California Cities in May 1991. Staff Recommendation: Consent to serve as host for May 1991 meeting. M. Consider Acquisition of Flat Files for Public Works Department. Staff Recommendation: Appropriate $600 from the General Fund Reserve (01) , $1,200 from the Gas Tax Fund Reserve (03), and $4,200 from the Community Development Fund Reserve (41) and authorize purchase of flat files. N. Consider General Plan Update Contract Revision. .Z Staff Recommendation: Authorize City Manager to approve a contract revision with PBR for the General Plan Update for an amount not to exceed $2500. Staff Recommendation: Support keeping Oxnard INS office open. Minutes of the City Council Moorpark, California Page 5 March 6, 1991 P. Consider Authorization for Overnight Travel. (1) Attendance at California Coalition for Rural Housing Conference in Sacramento March 11 -12 by Councilmember Perez. (2) Attendance at the California League of Cities Committee Meeting on Housing, Community and Economic Development on March 14 in Oakland by Councilmember Perez. Staff Recommendation: Authorize overnight travel. The following items were pulled from the Consent Calendar for individual consideration. Item 8.D. and 8.E. were considered together. D. Consider Status Report on Countywide Task Force on Water Shortage Issues. Staff Recommendation: Receive and file. E. Consider Waterworks District No. 1 Proposal for an Urban Water Management Plan. Staff Recommendation: Receive and file. In response to Councilmember Wozniak, Mr. Gilbert said that anything more vigorous than the penalty approach is not now being planned by Water Works District I. MOTION: Councilmember Wozniak moved and Mayor Lawrason seconded a motion to receive and file the information received in items 8.D. and 8.E. and to direct staff to prepare a letter for the Mayor's signature encouraging the Board of Supervisors to actively pursue a more stringent water conservation program immediately. The motion carried by unanimous voice vote. BY CONSENSUS: By consensus the Council determined to agendize for the first regular meeting in April a review of the draft environmental impact report for the sewer treatment plant at which time the manager of Waterworks District No. 1 would be asked to attend to address both the treatment plant and water issues. Minutes of the City Council Moorpark, California Page 6 March 6, 1991 I. Consider Partial Termination of Arroyo Vista Community Park Lease with Fedelety Corporation. Staff Recommendation: Approve partial lease termination. In response to Councilmember Perez, Mr. Kueny said the proposed partial termination of the Arroyo Vista Community Park Lease with Fedelety Corporation is for the approximately ten acres running along the western boundary. He said the City could not take possession of the balance of the site before approximately the spring of 1992. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to approve the partial termination of the lease agreement with the Fedelety Corporation and to authorize staff to notify the Fedelety Corporation of Council's action; staff directed to bring back a report to the Council on the termination provision of the agreement. The motion carried by unanimous voice vote. 9. PUBLIC HEARINGS: A. Consider Vacation of Brookwood Drive. Staff Recommendation: Adopt Resolution No. 91 -745. Mr. Gilbert gave the staff report. Mayor Lawrason opened the public hearing. As there were no speakers for the item, the public hearing was closed. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adopt resolution No. 91 -745 vacating Brookwood Drive. The motion carried by unanimous voice vote. 10. COMMENTS FROM COUNCIL MEMBERS: Councilmember Perez requested information regarding the tennis courts at South Meadows Park which appear not to be level. Mr. Newhouse responded that the results of tests on the tennis courts would be available tomorrow. Mayor Lawrason said that Vi Johnson, who helped with the ribbon and flag placing in the City, told him her son has returned safely from the Persian Gulf. Minutes of the City Council Moorpark, California Page 7 March 6, 1991 Councilmember Wozniak said a celebration should be planned for the return to Moorpark of soldiers from the Persian Gulf war. Councilmember Montgomery congratulated Roy Talley, Jr. on his election to the Council. Councilmember Montgomery announced that he and his wife are expecting their second child in October. 11. ACTION /DISCUSSION ITEMS: A. Consider SCAG Proposal on Regional Governance. Staff Recommendation: No action on SCAG proposal at this time; continue to monitor other regional government proposals. Ms. Cauldwell gave the staff report. Mayor Lawrason indicated that he felt it is not the time to go "full bore" into regional governance. He said a better idea would be to create a county- wide organization of cities working together. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to approve the staff recommendation to take no action on the SCAG proposal at this time but to continue to monitor other regional government proposals. The motion carried by unanimous voice vote. B. Consider Additional Funds for City Hall Portable Office Trailer Furniture. Walls and Related Items. Staff Recommendation: Appropriate $20,400 from General Fund and $10,200 from Gas Tax Fund. Mr. Hare gave the staff report. In response to Mayor Lawrason, Mr. Hare said the original estimates were incremental but total approximately $100,000. MOTION: Mayor Lawrason moved and councilmember Montgomery seconded a motion to approve the staff recommendation to appropriate $20,400 from the General Fund and $10,200 from the Gas Tax Fund to the Administrative Services account for the construction, purchase and installation of office equipment and furnishings for the work areas in the City Hall annex. The motion carried by unanimous roll call vote. Minutes of the City Council Moorpark, California Page 8 March 6, 1991 C. Consider Solicitation Letter for Cinco de Mayo Event. Staff Recommendation: Approve use of letter. Mr. Newhouse gave the staff report. Mr. Kueny clarified that the Cinco De Mayo solicitation letter would not be available for use by Queen candidates. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to approve the staff recommended action to approve the use of the letter. The motion carried by unanimous voice vote. D. Consider Processing Conditional Use Permit (CUP) for Proposed Boys and Girls Club Facility on Casey Road. Staff Recommendation: Direct staff to assist Club in filing and processing of CUP and waive costs except for out of pocket costs. Mayor Lawrason said that because there might be a perception of a conflict of interest because he is a Director of the Moorpark Boys and Girls Club, he would abstain from voting. Mayor Lawrason left the dais, turning the gavel over to Mayor Pro Tem Perez. In response to Councilmember Montgomery, Mr. Kueny said the City is a participant in this matter since funds are being granted and loaned to the Moorpark Boys and Girls Club. He said $1,200 would be saved by the Club if the City waived processing costs except for out of pocket expenses. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to assist the Moorpark Boys and Girls club in filing and processing the CUP; to waive City processing costs except for out -of- pocket costs of City Engineer, mailing and posting; and to expedite processing. The motion carried by voice vote 3 -0, Mayor Lawrason absent for the vote. Councilmember Montgomery said his concern was that the City was not creating an impropriety in waiving fees for some and not others. Mayor Lawrason returned to the dais. Minutes of the City Council Moorpark, California Page 9 March 6, 1991 E. Consider Processing of Proposed Development Agreement with Carlsberg Financial for the Properties Contained in the Carlsberg Specific Plan. Staff Recommendation: Refer this matter to the Community Development Committee. Mr. Richards gave the staff report. Councilmember Montgomery stated that No. 2 of the staff recommendation should be amended as follows: "That the City Council direct the Community Development Committee to meet with the proponent to discuss a Development Agreement and that the Council consider the Committee's recommendation prior to the City Council sending the matter to the Planning Commission." Mr. Kueny stated that No. 3 of the staff recommendation should be amended as follows: "Require a deposit of an additional $4,000 at this time and additional funds as needed to allow cost recovery by the City." Ms. Kane said that as Carlsberg has filed litigation against the City, she wanted the opportunity to meet with the Carlsberg's legal counsel to work out a stipulation prior to the committee meeting. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the staff recommendation 1) that the City Council determine that the proposal to consider a Development Agreement for the implementation of the Carlsberg Specific Plan has merit for further consideration, and No. 2 and No. 3 as amended above with the added condition that the City Attorney meet with Carlsberg's legal counsel to work out a stipulation prior to the meeting of the Community Development Committee and Carlsberg. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 10 March 6, 1991 F. Consider Processing of Proposed Development Agreement with the Westland Company Regarding the Development of a 285 -Unit Residential Project on the South Side of Los Angeles Avenue between Liberty Bell Road and Maureen Lane. Staff Recommendation: Refer this matter to the Affordable Housing Committee. Mr. Kueny indicated that staff recommendation No. 2 should be amended as follows: "That the City Council direct the Affordable Housing Committee to meet with the proponent to discuss a Development Agreement and that the Council consider the Committee's recommendation prior to the City Council sending the matter to the Planning Commission" MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the staff recommendation 1) that the City Council find that the draft Development Agreement merits consideration for further review by the City; 2) as amended above by the City Manager; 3) require a deposit of an additional $5,000 at this time and additional funds as needed to allow cost recovery by the city. The motion carried by unanimous voice vote. G. Consider Agreement with Willdan Associates, Inc. for Continuation of Certain Engineering Services. Staff Recommendation: Approve agreement, authorize Mayor to execute agreement and authorize City Manager to determine items of work and compensation. Mr. Kueny gave the staff report and requested that the same format and insurance provisions be used in the agreement as were included in the previous City Engineer agreement with Willdan. In response to Councilmember Montgomery, Mr. Kueny requested that the Council authorize the Mayor to sign the agreement with Willdan after the City Attorney, City Manager and the Budget and Finance Committee have reviewed it. Minutes of the City Council Moorpark, California Page 11 March 6, 1991 MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to approve the staff recommendation to authorize an agreement with Willdan and the City, with the approval of the Budget and Finance Committee, City Manager and City Attorney. The motion carried by unanimous voice vote. 12. ORDINANCES: A. Consider Second Reading and Adoption of Ordinance No. 139 - An Ordinance to Provide that Written Contracts may be Signed by the City Manager as an Officer of the City. Ms. Kane read the title of Ordinance No. 139. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to read the ordinance title. The motion carried by unanimous voice vote. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to waive further reading and declare Ordinance No. 139 read for the second time and adopted. The motion carried by unanimous voice vote. 13. FUTURE AGENDA ITEMS: Councilmember Wozniak asked for an item to be agendized on a water conservation program. Councilmember Perez and Councilmember Wozniak said they were interested in agendizing the drainage at Peach Hill Park. 14. CLOSED SESSION: MOTION: Councilmember Montgomery moved and Councilmember Perez 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. Minutes of the City Council Moorpark, California Page 12 March 6, 1991 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. H. Litigation concerning the Moorpark Mosquito Abatement District vs. City of Moorpark. I. Litigation concerning Colonial Mortgage vs. the City of Moorpark. J. Negotiations for Real Property at 280 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54945.8. K. Negotiations for Real Property on Los Angeles Avenue (East) pursuant to Government Code Section 54945.8. L. Litigation concerning City of Moorpark vs. Chuy's Restaurant. M. Litigation concerning Conejo Freeway Properties, LTD. vs. City of Moorpark The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 9:00 p.m. The meeting reconvened into Closed Session at 9:20 p.m. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Cheryl Kane, City Attorney; Richard Hare, Deputy City Manager; and Pat Richards, Director of Community Development. Mr. Richards left the Closed Session at 9:32 p.m. The meeting reconvened into Open Session at 10:12 p.m. Mr. Kueny stated there was no action to report out of Closed Session and only 14.A., 14.B., 14.C., 14.D., 14.G., 14.H., 14.I. and 14.L. had been discussed. Minutes of the City Council Moorpark, California Page 13 March 6, 1991 15. ADJOURNMENT: MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 10:12 p.m. - Paul W. Lawraigbn Jr., Mayo ATTEST: