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HomeMy WebLinkAboutMIN 1993 0707 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California July 7, 1993 A Regular Meeting of the City Council of the City of Moorpark was held on July 7, 1993 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 7:19 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Julie Owen and Becky Bryan. 3. ROLL CALL: Present: Councilmembers Hunter, Montgomery, Perez, Wozniak and Mayor Lawrason Staff Present: Steven Kueny, City Manager; Jim Aguilera, Director of Community Development; Ken Gilbert, Public Works Director; Virginia Pesola, Acting City Attorney; Mary Lindley, Assistant to the City Manager; Dirk Lovett, Assistant City Engineer; Don Reynolds, Administrative Services Manager; and Dorothy Vandaveer, Deputy City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Introduction of Sergeant Keith Parks, new Moorpark area Patrol Operations Sergeant. Mayor Lawrason introduced Sergeant Parks. B. Introduction of Senior Deputy Ed Tumbleson, new Community Services Officer. Mayor Lawrason introduced Senior Deputy Tumbleson. C. Introduction of Miss Moorpark, Julie Owen, and Miss Teen Moorpark, Becky Bryan. Mayor Lawrason introduced Julie Owen and Becky Bryan. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. Minutes of the City Council Moorpark, California 2 July 7, 1993 6. PUBLIC COMMENT: Eloise Brown, 13193 Annette Street, spoke regarding the rate increase being proposed for water. Steven Gragor, 287 Casey Rd., spoke in opposition to the smoking ordinance. Lowell Richards, spoke regarding the pedestrian bridge for the Arroyo Vista Community Park. He suggested the Council should investigate working with the Flood Control District to get bicycle paths and walking trails along the Arroyo Simi. Carolyn Schrimpf, 530 Moorpark Avenue, representing the Chamber of Commerce, addressed the Council regarding the Moorpark Monopoly game being developed by the Chamber. Teresa Cortez, 12425 Villa Campesina Ave., spoke regarding the tenth anniversary celebration. She also spoke in support of the pedestrian bridge. 7. COMMITTEE REPORTS: None. 8. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to pull items 8. F. , 8.G. , 8.H. , and 8.I. and to adopt the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of the Joint Meeting of the City Council and Planning Commission of May 17 1993. Consider Approval of Minutes of the Regular City Council Meeting of June 2, 1993. Consider Approval of Minutes of the Special City Council Meeting of June 9, 1993. Consider Approval of Minutes of the Special City Council Meeting of June 14, 1993. Consider Approval of Minutes of the Regular City Council Meeting of June 16, 1993. Consider Approval of Minutes of the Special City Council Meeting of June 16, 1993. Minutes of the City Council Moorpark, California 3 July 7, 1993 Consider Approval of Minutes of the Town Hall Meeting of the City Council of June 19, 1993. Consider Approval of Minutes of the Special City Council Meeting of June 19, 1993. Staff Recommendation: Approve minutes as processed. B. Warrant Register C. Consider Development Plan Permit No. 362 Minor Modification No 1 (Heney Dong, ) Requesting the Approval to Install an Outdoor Patio at an Existing Industrial Building. Staff Recommendation: Receive and file this report. D. Consider Resolution No. 93 -958 Approving the City's Transportation Development Act 1993/94 Claim. Adopt Resolution No. 93 -958 approving the City's Transportation Development Act 1993/94 Claim and authorize the City Manager to sign the Claim for submittal to the Ventura County Transportation Commission. E. Consider Resolution No. 93 -959 Establishing NO STOPPING ANYTIME Zones on Tierra Rejada Road from Spring Road Easterly to the Route 23 Freeway. Staff Recommendation: Adopt Resolution No. 93 -959 establishing NO STOPPING ANYTIME on Tierra Rejada Road from Spring Road to the Route 23 freeway. J. Consider Resolution No. 93 -960 Approving Salary Plan for Competitive and Non - Competitive Service Employees. Staff Recommendation: Approve Resolution No. 93 -960. The following items were pulled from the Consent Calendar for individual consideration: F. Consider Increasina the Scope of Work to be Provided b Valcon Engineering for the Tierra Rejada Road Widening Project. Staff Recommendation: 1) Approve an amendment to the agreement with Valcon Engineering to add the work described in the report and increase the contract amount from $49,880 to $58,000; and, 2) Approve a ten per cent (10 %) contingency for the above work and authorize the City Manager to approve additional work, if required, for an amount not to exceed ten per cent (10 %) of the revised contract price. Minutes of the City Council Moorpark, California 4 July 7, 1993 In response to Councilmember Montgomery, Mr. Gilbert said an increase in the scope of work was being requested which would increase the fee for Valcon Engineering but the $13,920 increase to the contract amount and the contingency amount is still within the appropriation limit set by the Council. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to approve the staff recommendation to approve an amendment to the Agreement with Valcon Engineering to add the work described in the report dated June 28, 1993 and to increase the contract amount from $49,880 to $58,000 and approve a ten percent contingency and authorize the City Manager to approve additional work, if required, for an amount not to exceed 10 percent of the revised contract price. The motion carried by unanimous voice vote. G. Consider Amendment to Contract with Picon, Inc. for Contract Administration Services for Arroyo Vista Community Park. Staff Recommendation: 1) Approve the additional services as described in the report and an increase in the contract fee from $40,150 to $63,369; 2) Approve a ten per cent (10 %) contingency and authorize the City Manager to approve additional work, if required, not to exceed ten percent of the revised contract amount; and 3) Authorize the City Manager to sign necessary contract documents. In response to Councilmember Montgomery, Mr. Gilbert said an increase in the scope of work and the contingency amount was being requested but the $29,706 increase for additional services and contingency increase is still within the appropriation limit set by the Council. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to approve the staff recommendation to approve the additional services as described in the report dated June 30, 1993 and an increase in the contract fee from $40,150 to $63,369, to approve a ten percent (10 %) contingency and authorize the City Manager to approve additional work, if required, not to exceed ten percent of the revised contract amount, and authorize the City Manager to sign necessary contract documents. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California 5 July 7, 1993 H. Consider Initiating Proceedings Required to Underground Utilities on Los Angeles Avenue. Staff Recommendation: Direct staff to proceed with the work program for the undergrounding of utilities on Los Angeles Avenue. In response to Mayor Lawrason, Mr. Gilbert said that the "question" would come before the Council as to what financial obligation there will be by property owners for this project. Mayor Lawrason indicated that there should be notice given to the people along the project corridor. MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to direct staff to proceed with the work program for undergrounding of utilities on Los Angeles Avenue as outlined in the staff report dated June 30, 1993. The motion carried by unanimous voice vote. I. Consider Plans and Specifications for Phase II of Assessment District 92 -1 (Mission Bell Plazal. Staff Recommendation: 1) Approve the plans and specifications subject to minor changes; 2) Authorize the Director of Public Works to approve any minor changes; 3) Authorize staff to receive public bids. In response to Councilmember Montgomery, Mr. Gilbert indicated that staff was not asking for an appropriation at this time. He said that more precise figures would be available later and that plans and specifications would be provided to the Council after obtaining the Caltrans permit. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to approve the staff recommendation to approve the plans and specifications subject to minor changes; authorize the Director of Public Works to approve any minor changes, and authorize staff to solicit public bids. The motion carried by unanimous voice vote. 9. PUBLIC HEARINGS: None. Minutes of the City Council Moorpark, California 6 July 7, 1993 10. COMMENTS FROM COUNCIL MEMBERS: Councilmember Perez commented on the problem of shopping carts being taken from Hughes Market and abandoned. Mr. Kueny indicated that staff would contact Hughes Market regarding the problem. Councilmember Perez asked staff to find out if landscaping for the 118/23 freeway connector could be accomplished in conjunction with the completion of the connector. Councilmember Perez requested that staff be present at the water district rate increase hearings. He indicated that he believed it would be appropriate to revisit the possible takeover of the water district by the City. Councilmember Perez requested that discussion of the formation of a joint Moorpark Unified School District and City Council Committee be placed on the agenda. He indicated that one issue the proposed committee could revisit was the Fourth of July fireworks display event. Councilmember Wozniak thanked all who attended the City's Ten Year Anniversary activities. 11. ACTION /DISCUSSION ITEMS: A. Consider a Request by H.E.L.P. (Pete Peters) to Conduct Bingo Games Within the Rural Exclusive Property (RE). Staff Recommendation: Direct staff as deemed appropriate. (Continued Item 11.F. from 5/26/93; continued Item 11.A. from 6/16/93) Mr. Aguilera gave the staff report. In response to Councilmember Wozniak, Mr. Aguilera said a CUP would require the filing of a deposit with a processing time of 8 - 10 weeks. In response to Council question, Lt. Dean said an application has not been received from Mr. Peters. Councilmember Wozniak said HELP should not be required to pay $2,000 for a conditional use permit. He said he didn't feel this matter required the CUP process. Councilmember Montgomery said the current permit process under Ordinance 61 should be controlling until it expires Minutes of the City Council Moorpark, California 7 July 7, 1993 on June 30, 1994. In response to Councilmember Hunter, Mrs. Eloise Brown said 100 -150 attendees were expected. She said an arterial stop sign is needed at the bottom of the driveway. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion that a permit should be processed through the Sheriff's department in accordance with Ordinance 61. The motion carried by unanimous voice vote. B. Consider Tuscany Homeowners' Association Request Concerning Planning Commission Action on Appeal 93 -3. Staff Recommendation: Direct staff as deemed appropriate. Mr. Aguilera gave the staff report. Lori Rutter, 11611 Pinedale Road, addressed the Council. She said she was initially told that zoning clearances are not appealable but this was later reversed and she was told that they were appealable. She requested that the appeal be considered and that the City look at its procedures as the Director "flip flopped" on whether or not zoning clearances were appealable. She asked that the City not discard its responsibility to enforce the conditions of approval on this tract. In response to Councilmember Hunter, Mr. Aguilera said there had been enough time for the proper forms to be filed and a 24 -hour extension of the deadline to pay the fee. Councilmember Montgomery said he thought the homeowners should be granted the opportunity to "air" their case. Councilmember Hunter said he concurred with Councilmember Montgomery. Councilmember Montgomery said that if the City reverses its decision, Urban West Communities will have a problem. He said we should place an item on the agenda regarding condition compliance on this tract and Ms. Rutter's payment for the appeal fee should be returned to her. Minutes of the City Council Moorpark, California 8 July 7, 1993 MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to take no action on the request for the appeal; to direct staff to solicit input from the Tuscany Homeowner's Association on the condition compliance review process for vesting residential PD 1071 and 1072 and to report back to the Council at the next regular City Council meeting. The motion carried by unanimous voice vote. C. Consider a Request by Gerald Bridgeman Regarding Offsite Improvements for LDM 90 -7. Staff Recommendation: 1) Authorize staff to collect additional plan check fees to cover costs incurred to date and for further plan check; and either of the following courses of action: 2) Modify street improvement conditions as deemed appropriate; or 3) Require no change to the condition but the applicant to be allowed to pay for the costs of improvements in lieu of construction at this time with additional stipulations. Mr. Lovett gave the staff report. Gerald Bridgeman, 78 Wicks Road, addressed the Council and said the only onsite investigation has been done by Les Kovacs. He said the total cost shown on exhibit B of the report dated July 1, 1993 does not include the price of reconstructing the garage. He said the retaining wall cost is not the only thing he considers excessive. He said he will agree to improve Wicks Road and construct a berm for $25,000. Les Kovacs, 798 Moorpark Avenue, addressed the Council as Mr. Bridgeman's engineer. In response to Councilmember Montgomery, he said the retaining walls are conservatively low. In reality the footings would be a lot deeper and larger. Sara Keller, 78 Wicks Road, spoke as a tenant of Mr. Bridgeman. She spoke in his behalf saying a conclusion to this matter is needed. Gerald L. Goldstein, 11932 Los Angeles Avenue, said the City should be paying for the improvements being required of Mr. Bridgeman. Doug Brossard, 903 Cedar Bluff Court said his development was originally conditioned to build a waterline. He said Mr. Bridgeman and Mr. Bowen had been conditioned by the Fire Department to put in a waterline and did not do so. Minutes of the City Council Moorpark, California 9 July 7, 1993 Mr. Bridgeman addressed the Council again, saying that a better idea of construction costs would be available after the plans were submitted. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to authorize staff to collect additional plan check fees to cover costs incurred to date and for further plan check and that there be no change to the condition, but the applicant be allowed to pay for the costs of improvements in lieu of construction at this time with the additional stipulation that he sign the appropriate documents recognizing that the garage may have to be removed or modifiedat his expense at a later date, and provide the necessary offers of dedication for future slope easements with such provision applicable to subsequent owners. The motion carried by unanimous voice vote. BY CONSENSUS: By consensus, the Council determined not to reorder the agenda at this time. D. Consider ADDroval of the Preliminary Desian and Proposed Alignment for the Arroyo Vista Community Park Pedestrian /Equestrian /Bicycle Bridge. Staff Recommendation: Approve the preliminary design and proposed alignment for the Arroyo Vista Community Park Bridge. Mr. Gilbert gave the staff report. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve the preliminary design and proposed alignment for the Arroyo Vista Community Park Pedestrian Bridge. The motion carried by unanimous voice vote. E. Consider Resolution No. 93- Establishing a Permit Only Parking_ Program. Staff Recommendation: Adopt the Resolution No. 93- establishing a PERMIT ONLY parking program. CONSENSUS: By consensus, the Council determined to continue this item to August 4, 1993. Minutes of the City Council Moorpark, California 10 July 7, 1993 F. Consider Ventura Council of Governments' Graffiti Ordinance. Staff Recommendation: Direct staff as deemed appropriate. Ms. Lindley gave the staff report. Lt. Dean said such an ordinance can be an effective tool. Councilmember Perez expressed concern with the legality of Section 4118 of the proposed ordinance which deals with possession of aerosol paint spray cans and /or wide tip markers by minors. Councilmember Wozniak said the ordinance would have to be "customized" for Moorpark. CONSENSUS: By consensus, the Council determined to refer this matter to the Public Works, Facilities and Solid Waste Committee. G. Consider Draft Legislation Establishing the Ventura County Waste Management Authority. Staff Recommendation: Direct staff as deemed appropriate. Ms. Lindley gave the staff report. Councilmember Montgomery suggested that a letter be sent to the chairperson of the State Assembly Committee, the Ventura County Waste Commission, the Board of Supervisors and all ten Ventura County cities relating our concerns with the impacts of SB 817 as currently written. He said the solid waste issues faced by cities in the west County differ from those in the east County, therefore, we should support an Authority that requires a vote by wasteshed on issues related to rate setting, flow control, liability, and facility development. He said he is concerned that the authority will have the power to adopt ordinances that preempt conflicting ordinances of member and non - member agencies, that fees on non - member agencies may be imposed without input from non - member agencies; that since the Authority will act as the Local Task Force, non - member agencies will not be represented; and that it appears the Authority will have the power to condemn property within a non - member city without that city's consent or consideration of its General Plan. Minutes of the City Council Moorpark, California 11. July 7, 1993 CONSENSUS: By consensus, the Council determined to authorize the Mayor to send a letter to Senator Cathie Wright with copies to be sent to the appropriate agencies, expressing the City's support of a Regional Authority and the City's concerns regarding the legislation to establish a Ventura County Waste Management Authority as outlined by Councilmember Montgomery above. H. Consider Alternative Proposal for Disposal of West Ventura County Solid Waste at the Simi Valley Landfill and Other Facilities. Staff Recommendation: Direct staff as deemed appropriate. Ms. Lindley gave the staff report. Mr. Kueny reported that a letter from Mr. Ralph Boyd representing the Chamber of Commerce had been received. Councilmember Wozniak said he was concerned that another landfill will not be sited in Ventura County. Councilmember Montgomery said that Weldon Canyon is a dead issue. He said the City needs to file a notice of complaint with the Sacramento Integrated Waste Management Board that the Simi Valley Landfill is in violation of CEQA and to send a letter to the Ventura County Resource Management Agency requesting them to cease and desist the transportation of solid waste from west County to the Simi Valley Landfill. He said the City should request preparation of a supplemental EIR. CONSENSUS: By Consensus, the Council determined to direct letters to the Sacramento Integrated Waste Management Board and the Ventura County Resource Management Agency as outlined by Councilmember Montgomery above. I. Consider Cancellation of City Council Meetings for the Month of August, 1993. Staff Recommendation: Direct staff as deemed appropriate, Mr. Kueny gave the staff report. CONSENSUS: By consensus, the Council determined to move the Council meetings for September from the first and third Wednesdays to the second and fourth Wednesdays. Minutes of the City Council Moorpark, California 12 July 7, 1993 J. Consider Adoption of Cat Licensing Program. Staff Recommendation: Authorize staff to develop an ordinance to establish Cat Licensing Program. Mr. Reynold's gave the staff report. MOTION: Councilmember Montgomery moved and Mayor Lawrason seconded a motion to direct staff to proceed with the development of an ordinance similar to that of the City of San Bernadino for the licensing of cats. The motion carried by unanimous voice vote. K. Consider Ventura Countv Library Services Agency Proposed Closure of the Moorpark Branch Library. Staff Recommendation: Direct staff as deemed appropriate. MOTION: Councilmember Hunter moved and Councilmember Montgomery seconded a motion to continue this item to July 14, 1993. The motion carried by unanimous voice vote. L. Consider Proposed 1993/94 Obiectives. Staff Recommendation: Direct staff as deemed appropriate. (Continued Item 11.L. from 6/16/93) MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to continue this item to July 14, 1993. The motion carried by unanimous voice vote. 12. ORDINANCES: A. Consider Second Reading and Adoption of Ordinance No. 173 Eliminating Smoking_ in Work Places and Enclosed Public Places. Ms. Pesola read the ordinance title. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to read the ordinance title only and waive further reading. The motion carried by unanimous voice vote. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to declare Ordinance 173 read for the second time and adopted. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California 13 July 7, 1993 B. Consider Second Reading and Adoption of Ordinance No. 176 to Change Parking Violations from Criminal to Civil Infractions. Ms. Pesola read the ordinance title. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to read the ordinance title only and waive further reading. The motion carried by unanimous voice vote. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to declare Ordinance 176 read for the second time and adopted. The motion carried by unanimous voice vote. 13. FUTURE AGENDA ITEMS: None. 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. Personnel pursuant to Government Code Section 54957.6. C. Potential litigation pursuant to Government Code Section 54956.9(b) (1) . D. Potential litigation pursuant to Government Code Section 54956.9(c)� E. Negotiations for Real Property on the South Side of High Street (Southern Pacific /VCTC) pursuant to Government Code Section 54956.8. F. Negotiations for Real Property at 280 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54956.8. G. Litigation concerning Conejo Freeway Properties, LTD. vs. City of Moorpark. Minutes of the City Council Moorpark, California 14 July 7, 1993 H. Litigation concerning Villa del Arroyo vs. City of Moorpark (Case No. 105170) The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 12:37 a.m. The meeting reconvened into Closed Session at 12:40 a.m. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; and Virginia Pesola, City Attorney. The meeting reconvened into Open Session at 1:30 a.m. Mr. Kueny stated there was no action to report out of Closed Session and only items 14.C. and 14.D. had been discussed. 15. ADJOURNMENT: Mayor Lawrason adjourned the meeting at 1:30 a.m. )/q.4 Paul W., awrason Jr V, Mayor ATTEST: