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HomeMy WebLinkAboutMIN 1991 0807 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California August 7, 1991 A Regular Meeting of the City Council of the City of Moorpark was held on August 7, 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 7:16 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Lieutenant Richard Rodriguez. 3. ROLL CALL: Present: Councilmembers Montgomery, Perez, Talley, 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 and Lt. Dean, Sheriff's Department; Ken Gilbert, Director of Public Works; Mary Lindley, Assistant to the City Manager; Phil Newhouse, Director of Community Services; Charles Abbott, City Engineer; Debbie Traffenstedt, Senior Planner; Lillian Kellerman, City Clerk; Dorothy Vandaveer, Deputy City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Wellness Community Proclamation. Bill Carpenter accepted the proclamation from Councilmember Perez. B. Presentation of Ventura County Fair Poster to City Council. Mayor Lawrason accepted the poster from Teresa Raley, Public Relations Coordinator for the Ventura County Fair Board. C. Presentation to Sheriff Lieutenant Richard Rodriguez. Mayor Lawrason presented a City Plaque to Lt. Rodriguez and expressed the City's appreciation for his service to the community. Minutes of the City Council Moorpark, California Page 2 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 6. PUBLIC COMMENT: August 7, 1991 Gerhardt D. Jerome, 6733 Pecan Avenue, said he was present to answer any questions regarding Item 8.G., Minor Modification No. 1 Request for a Room Addition. Roy Wuchitech, 333 S. Hope Street, Los Angeles, stated he was present to provide any information to the Council regarding Item 8.D., Conejo Ready Mixed Concrete CUP -706. Nancy DeLegge, 51 -1006 Majestic Court, spoke stating that they want a positive solution to the day laborer situation. Ruth Farabaugh, 13543 E. Cedarpine, expressed disappointment with the letter that Pardee sent to the City stating that they will not do any further work or replace the previously removed chimney shrouds. The following speakers spoke with the assistance of a translator: Juan Manuel Aguilar, 416 Moorpark Avenue, said he is one of the day laborers seeking work and wants a solution to this problem. He also stated that the workers want to keep the area clean. Pedro R. Perez, 419 Second Street, said the workers try to keep the area clean and part of the problem is that the sprinklers do not work. He requested that the City place some trash cans where the day laborers congregate near the Tipsy Fox and the workers will maintain the area themselves. Jose Mendoza, 298 Harry Street, said he is also a day laborer and said the workers want to maintain the area so it is not an eyesore. Timoteo Moreno, 561 Spring Road #41, stated that it is difficult to find work and he requested that trash cans or brooms be provided so they can keep the area clean where they gather. Nicolas Fernandez, 463 Roberts, spoke as a day laborer and said they are only looking for work and have no bad intentions toward anyone. Minutes of the City Council Moorpark, California Page 3 August 7, 1991 Ricardo Garcia, 419 Second Street, stated he is one of the workers and that his only intent is to find work and that people in Moorpark pay him better than employers elsewhere. Gonzalo Oyarzhbal, 113 Third Street, said he is one of the day laborers and asked if a public bathroom can be placed at the gathering site as the one across the street at the service station is not always available. Wuenccsluo Loesa, 463 Roberts, thanked the City Council for trying to understand him and said he wishes the workers could stay past 10:00 a.m, as employers do come after that time. Gregorio Contreros, 79 Flory Avenue, said he is one of the workers and they are not looking for trouble. End of translation assisted speakers. Gregory Simons, 528 S. A Street, Oxnard, spoke representing the Coalition of Humane Immigrant Rights /E1 Concilio. He said he invited the above speakers so they could give their own opinions and have their own voice in the situation. He said they are open to considering an alternative site to gather if necessary. Jose Anguina, 4967 Maureen Lane, said he is here with his friends to reinforce the idea that he is looking for work and a dignified way of life. He said the workers are willing to reach some kind of an agreement between themselves and the owner of the Tipsy Fox. Mike Abdo, 498 High Street, spoke as owner of the Tipsy Fox Market. He said the workers are good people, but he still needs a solution for his problem of their gathering in front of his store and hurting his business. 7. COMMITTEE REPORTS: Councilmember Wozniak reported on the East County Waste Commission Task Force meeting he attended. 8. CONSENT CALENDAR (Roll Call Vote): MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to pull item 8.D., 8 . I . , 8.M. and approve the balance of the Consent Calendar; 8.I. to be heard at the end of the meeting. The motion carried by unanimous roll call vote. Minutes of the City Council Moorpark, California Page 4 A. Warrant Register 1990/91: August 7, 1991 Manual Warrants 15744 - 15746, 15749 - 15750 $660,740.58 Regular Warrants 15755 - 15809 $141,518.06 1991/92: Manual Warrants 15592, 15598 - 15602, 15741 - 15743, 15747 - 15749 $114,657.51 Regular Warrants 15810 - 15939 $169,146.64 B. Consider Award of Contract for Installation of a Cable /Video Svstem in the Community Center. Staff recommendation: Award contract to Hoffman Video Systems. C. Consider Award of Contract for Community Center Renovation. Staff Recommendation: Award contract to North Star Construction. E. Consider a Report Back to Council Reqardinq the Status of • City Request to Pardee Construction Company to Install • "Shroud Like" Spark Arrestor on Certain Homes within Tract 2865. Staff Recommendation: Receive and file the report. F. Consider Planned Development Permit No. 969 Minor Modification No. 1 - Zeman Request to Construct a Room Addition. Staff recommendation: Receive and file the report. G. Consider Planned Development Permit No. 903 Minor Modification No. 1 - Jerome Request for a Room Addition. Staff Recommendation: Receive and file the report. H. Consider Industrial Planned Development Permit No. 88 -5 Minor Modification No. 1 - Tayco Business Forms Request for Air Compressor outside the Building. Staff Recommendation: Receive and file the report. J. Consider Southern California Joint Powers Insurance Authority Membership Application of Big Bear Lake. Staff Recommendation: Receive and file the report. Minutes of the City Council Moorpark, California Page 5 August 7, 1991 K. Consider Resolution No. 91 -`-3 Regarding 1991/92 State Transit Assistance (STA) Funds Claim. Staff Recommendation: Adopt Resolution No. 91- and authorize City Manager to sign and submit STA claim. L. Consider Resolution No. 91- qF Establishing Certain No Parking on Poindexter Avenue and on First Street in vicinity of Moorpark Avenue. Staff Recommendation: Adopt Resolution No. 91- N. Consider Amendments to the Fiscal Year 90/91 Budget for Year End Closing. Staff Recommendation: Amend the budget for FY 90/91 as outlined in the staff report. O. Consider Chevron USA versus State Board of Equalization et al; and American Telephone & Telegraph Company - Interstate Division; AT &T Communications of California, Inc. versus State Board of Equalization. Staff Recommendation: Receive and file the report. P. Consider District Attorney Response Regarding the Cinco de Mayo Event. Staff Recommendation: Receive and file the report. Q. Consider City Manager Approved Contract for Tree Trimming by Bob's Tree Service at Diablo and Sierra Streets. Staff Recommendation: Receive and file the report. The following items were pulled for individual consideration: D. Consider Conejo Ready Mixed Concrete CUP -706 Minor Modification No. 3 to Allow a 60 -Day Time Extension for Existing CUP. Staff Recommendation: Receive and file the report. In response to Councilmember Wozniak, Mr. Richards said that a public meeting would be scheduled within the 60- day time extension. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to receive and file the report. The motion carried by unanimous voice vote. M. Consider an Additional Appropriation for the March 5 1991 Special Election. Staff Recommendation: Authorize the appropriation of an additional $5,600 from General Fund Reserves to Election Expense Account 1.04.113.649. Minutes of the City Council Moorpark, California Page 6 August 7, 1991 In response to Councilmember Wozniak, Ms. Kellerman said she would provide the Council with the documentation provided by County Elections showing the man hours logged by the County for their various election related activities. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to authorize an appropriation of an additional $5,600 from General Fund Reserves to Election Expense Account 1.04.113.649. The motion carried by unanimous roll call vote. 9. PUBLIC HEARINGS: A. Consider Conceptual Design Alternatives for Charles Street between Spring Road and Moorpark Avenue. Staff Recommendation: Reconstruct a 36' wide street with the preservation of street trees not in conflict with proposed improvements. (Continued Item 9.B. from July 17, 1991. The public hearing is closed.) Mr. Gilbert provided the following options to be considered: Option I: This utilizes the existing pavement as much as possible with the addition of an asphalt overlay. The sidewalks, which are elevated to provide for an adequate curb face, are placed adjacent to the curb. This allows the parkway to slope down from the back of sidewalk to the existing elevation at the property line. Driveway transitions must be constructed onto private property to connect the driveway apron to driveways which are generally lower in elevation. All but one of the trees are preserved. Option II: This is like Option I, except that the street is reconstructed. This allows for the lowering of the sidewalk (and driveways) to facilitate surface drainage from private properties to the street. Although only one tree is proposed to be removed, as stated above, additional trees may have to be removed. Councilmember Montgomery reported that after touring the area, the Public Works /Facilities Committee concurred with previous Council direction that Option II was preferred. Minutes of the City Council Moorpark, California Page 7 August 7, 1991 Councilmember Wozniak said there are still unanswered questions regarding the trees, and the phasing of the project will be difficult. CONSENSUS: By consensus, the Council determined to direct the City Engineer to save as many of the trees as possible. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to table the item. The motion carried by unanimous voice vote. B. Consider A Re guest by The Westland Company of Ventura Regarding Residential Planned Development Permit Nos 90- 2 and 90 -3 (multi - family) and 90 -4 (single- family) Zone Change No. Z -90 -2, Tentative Tract Map No 4738 (multi- family) and 4726 (single - family) General Plan Application No. GPA 90 -1 Environmental Impact Report. Staff Recommendation: Consider the adequacy of the Environmental Impact Report and the recommendation of the Planning Commission and staff to approve the above entitlements with conditions. (Continued Item 9.C. from July 24, 1991; the public hearing is closed.) Pat Richards gave the staff report and Steve Craig, the City's consultant from The Planning Corporation, provided additional information. Mr. Kueny expressed concerns regarding 1) how many units of each type will be built in relation to each of the other types, 2) the sidewalk along the project frontage is not consistent with prior Council action as it is meandering, and 3) the pavement on Los Angeles Avenue should be full paveout to the ultimate right -of -way. Mr. Kueny continued by expressing concern that the language of the Affordable Housing Agreement is not consistent with the intent of the Council Affordable Housing Committee and that the entitlement should not be approved until this issue is resolved. After Council discussion on the phasing of the project, Councilmember Montgomery proposed the following changes to the draft resolutions: 1. Resolution 91 -786, GPA -90 -1, Section 4. add to the last sentence "...and City Council approval." Minutes of the City Council Moorpark, California Page 8 August 7, 1991 2. Resolution 91 -787, Tentative Tract 4726 -- change the last sentence of Section 6 to read "This resolution shall not become effective until 30 days after the second reading of the zoning Ordinance No. and City Council approval of the Affordable Housing Agreement for the Westland Residential Project. In response to Councilmember Montgomery, Mr. Kueny clarified that the City would not get an additional travel lane under the condition as it is worded now, but with his recommended language of "ultimate paveout ", the City would get the travel lane. He said off -site curb, gutter and sidewalk would not be required. Mr. Kueny indicated that it is the recommendation that the applicant do the paveout on Los Angeles Avenue subject to the City acquiring the right -of -way off -site. The City could acquire the missing portion or all of it on the west side of the project. On the east side, it would be preferable that the applicant be required to acquire the right -of -way and do the paveout. This would be constructed at the same point that the applicant makes the frontage improvements on Los Angeles Avenue - prior to the first occupancy. CONSENSUS: By consensus, the Council determined to hear the legal counsel for the applicant, Allen Camp. Allen Camp stated that the recommendation as presented by the City Manager was acceptable with one caveat -- that Westland not be put in the position of being prevented from recording the map when the City is acquiring the right -of -way. Councilmember Montgomery clarified by stating that the condition would read prior to the granting of the first occupancy the applicant would be required to pay for and conduct the paveout subject to the City acquiring the property for them to pave. Mr. Camp said that is acceptable. Mr. Kueny said the applicant could record the map because they do not have the right -of -way obligation. They would simply have to bond for the cost of the pavement as determined by the City Engineer and if the City had not obtained the necessary right -of -way the City would not delay them. The applicant would be bound by the condition when and if the City did acquire the right -of -way. Minutes of the City Council Moorpark, California Page 9 August 7, 1991 Mr. Camp stated that it would mean paying premiums for an indefinite time on bonds. CONSENSUS: By consensus, the Council determined to continue with previous Council direction as given on the Ventura Pacific project to approve straight rather than meandering sidewalks for this project. AT THIS POINT in the meeting a recess was declared. The time was 9:10 p.m. The meeting reconvened at 9:47 p.m. Ms. Kane read the amended conditions to (1) Tentative Tract Map 4726 - Condition 67(b) , (2) 90 -4 - Condition 45(b); (3) Tentative Tract Map 4738 - Condition 74(b); (4) 90- 2/90 -3 Condition 59(b) as follows: She said the last phrase of 67(b) will become 67(c) "The drainage problem that exists at Maureen Lane along the south side of Los Angles Avenue shall be corrected to the satisfaction of the City Engineer." She said this language will appear on all other maps previously referenced. 67(b) will now read " Subject to the City acquiring, at City's cost, all necessary right of way, the following offsite improvements along Los Angeles Avenue shall be completed by the developer: ultimate paveout shall be provided along the south side of Los Angeles Avenue between the easterly project boundary and Liberty Bell Road and between the western project boundary and the easterly boundary of Tract No. 3841; except that, if any portion of the right of way has not been acquired by the City within 45 days prior to the 1st unit being otherwise qualified for occupancy, then paveout of that portion shall be completed within 45 days after that portion is acquired." She said that the other condition that would be added to each of the four entitlements as previously identified would read as follows: "the project shall be constructed in accordance with the phasing of construction set forth in Section 2.3 of the Affordable Housing Agreement which Section is incorporated herein as if set forth in full." Minutes of the City Council Moorpark, California Page 10 August 7, 1991 MOTION: Councilmember Montgomery moved and Council Talley seconded a motion to approve the staff recommendation as modified by staff, City Attorney and Councilmember Montgomery above to 1) Adopt Resolution No. 91 -784 certifying the final EIR and approving the mitigation monitoring program, findings and statement of overriding consideration, 2) adopt Resolution No. 91 -785 for GPA -90 -1, 3) direct staff to schedule the first reading of the Zone Change Ordinance on August 21, 1991, 4) adopt Resolution No. 91 -786 for TR -4726, 5) adopt Resolution No. 91 -787 for RPD -90 -4 and conditions of approval, 6) adopt Resolution No. 91 -788 for TR -4738 and conditions of approval, 7) adopt Resolution No. 91 -789 for RPD's 90 -2 and 90 -3 and conditions of approval, and 8) direct staff to return the Affordable Housing Agreement to the Council for approval prior to the second reading of the Zone Change Ordinance. The motion carried by unanimous voice vote. C. Consider Appeal 91 -1 (LDM 90 -7. Bridgeman) City of Moorpark Regarding LDM 90 -7 as Approved by Planning Commission. Staff Recommendation: Approve LDM 90 -7 with conditions of approval. Liz Brossard, 903 Cedarbluff, spoke in opposition to the restriction of left -hand turns at Wicks Road. She said this is an unnecessary condition that the Planning Commission placed on the lot split and would negatively impact the residents of Walnut Canyon. Mark McQueen, 181 Wicks Road, asked what the configuration of the road markings will be. He suggested installation of a flashing yellow caution light just as you enter the residential area on Walnut Canyon or road treads to slow vehicles down. He also indicated that a left -hand turn should be allowed with a safety zone in the middle of the road. Ty Vallelunga, 179 Wicks Road, spoke in opposition to the left -hand turn restriction on Wicks Road. He said he does not understand why this problem is coming up now. He said speed bumps or a sign on Walnut Canyon might help reduce the speed. Councilmember Montgomery suggested the resolution be amended to delete the last sentence of Condition 34 which read "The applicant shall also pay for installation of a sign restricting left turns from Wicks road to walnut Canyon Road, per City Standards, subject to City Council approval." Minutes of the City Council Moorpark, California Page 11 August 7, 1991 MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to approve Resolution 91 -791 as amended by Councilmember Montgomery. The motion carried by unanimous voice vote. D. Consider Resolution of Necessity No. 91- to Acauire Certain Street Right -of -Way at 14110 Los Angeles Avenue (Patton). Staff Recommendation: Adopt Resolution No. 91- Mr. Kueny recommended that this item be continued. Mayor Lawrason opened the public hearing. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to continue the item to the next regularly scheduled Council meeting. The motion carried by unanimous voice vote. 10. COMMENTS FROM COUNCIL MEMBERS: None. 11. ACTION /DISCUSSION ITEMS: A. Consider Concern with Day Laborer Activities. Staff recommendation: Direct staff as deemed appropriate. (Continued Item 11.E. from July 17 1991) CONSENSUS: By consensus, the Council determined to refer this matter to the Community Development Committee for further review. B. Consider Status Report Regarding Notice of Potentially Hazardous Unreinforced Masonry Construction (SB 547) Relating to Seismic Safety. Staff Recommendation: Direct staff as deemed appropriate. Mr. Richards said the staff recommendation was for Council to refer the matter to the Community Development Committee for further study. He said the Council may direct the Committee to meet with the owners to better understand the problems associated with URM upgrades. He said also the Council may direct staff to provide the owners with the most current list of available sources of financial assistance provided by The Seismic Safety Commission. Minutes of the City Council Moorpark, California Page 12 August 7, 1991 MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve the staff recommendation as presented above by Mr. Richards to refer the matter to the Community Development Committee for further study. The motion carried by unanimous voice vote. C. Consider Departmental Objectives for FY 91/92. Staff Recommendation: Direct staff as deemed appropriate. (Continued Item 8.T. from 7/17/91) MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to continue this item to an adjourned meeting to be held Wednesday, August 14, 1991. The motion carried by unanimous voice vote. D. Consider a Report Reaardina a Proposed Soil Borrow Site Outside the City in Conjunction with the Development of the 231118 Freeway Connection. Staff Recommendation: Direct staff to advise the County of Ventura of City concerns regarding the proposed borrow site. Mr. Richards gave the staff report. In response to Councilmember Montgomery, he clarified that the site in question is not within the City limits nor the City's sphere of influence, but it is within the City's area of interest. He added that no other site has been considered and that there is a question as to the need for the borrow site. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to direct staff to advise the County of Ventura that the change in geology that would occur if the proposed borrow site were used would have significant environmental impacts and would require substantial mitigation measures; that the City recommends the borrow site not be pursued. The motion carried by unanimous voice vote. 12. ORDINANCES: None. 13. FUTURE AGENDA ITEMS: Councilmember Wozniak requested an item on the Public Works site. Minutes of the City Council Moorpark, California Page 13 August 7, 1991 8. CONSENT: (Continued) I. Consideration of Bids for Award of a Contract for the Construction of a Sidewalk on the North side of Los Angeles Avenue from Spring road to Millard Street and on the West Side of Millard Street from Los Angeles Avenue to Sherman Street. Staff Recommendation: Award a contract for the construction of the subject sidewalk improvements. CONSENSUS: By consensus, the Council determined to waive their Rules of Procedure and accept the written staff report. Mr. Gilbert gave the staff report. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to declare Max Construction to be an unresponsive bidder; to award a contract to Padilla and Sons Co., for the bid amount of $69,220.72; to approve a 10% contingency for the project and authorize the City Manager to approve additional work, if required, for an amount not to exceed 10% of the contract price; and authorize the Mayor to sign necessary contract documents. The motion carried by unanimous voice vote. 14. CLOSED SESSION: MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adjourn to Closed Session for a discussion of the following: 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 Ventura County Community College District vs. City of Moorpark. F. Litigation concerning the County of Ventura vs. City of Moorpark. Minutes of the City Council Moorpark, California Page 14 August 7, 1991 G. Litigation concerning the Moorpark Mosquito Abatement District vs. City of Moorpark. H. Litigation concerning Colonial Mortgage vs. the City of Moorpark. I. Negotiations for Real Property at 280 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54945.8. J. Negotiations for Real Property on Los Angeles Avenue (East) pursuant to Government Code Section 54945.8. K. Litigation concerning City of Moorpark vs. Chuy's Restaurant. L. Litigation concerning Conejo Freeway Properties, LTD. vs. City of Moorpark M. Litigation concerning City of Moorpark vs. Camrosa Water District. N. Litigation concerning City of Moorpark vs. Pacific Bell. O. Litigation concerning City of Moorpark vs. Southern California Gas Company. P. Litigation concerning City of Moorpark vs. Southern California Edison Company. Q. Litigation concerning City of Moorpark vs. Shell Oil Company. R. Negotiations for Real Property on south side of High Street (Southern Pacific /VCTC) pursuant to Government Code Section 54945.8. The motion carried by unanimous voice vote. AT THIS POINT in the meeting Mayor Lawrason declared a recess. The time was 10:55 p.m. The meeting reconvened into Closed Session at 11:05 p.m. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Pat Richards, Director of Community Development; and Cheryl Kane, City Attorney. Minutes of the City Council Moorpark, California Page 15 August 7, 1991 Mr. Richards left the Closed Session at 11:14 p.m. The meeting reconvened into Open Session at 11:27 p.m. Mr. Kueny stated that there was no action to report out of Closed Session and only items 14.A., 14.F., and 14.K. had been discussed. 15. ADJOURNMENT: MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to adjourn the me ing to 7:00 p.m. on Wednesday, August 14, ],59�:� The times 11:3Q p.m. Paul W. Lawr4sbn Jr., Ma ATTEST: