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HomeMy WebLinkAboutMIN 1995 0802 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California August 2, 1995 A Regular Meeting of the City Council of the City of Moorpark was held on August 2, 1995 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 7:15 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Hunter led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Hunter, Montgomery, Perez, Wozniak, and Mayor Lawrason Staff Present: Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Ken Gilbert, Director of Public Works; Jim Aguilera, Director of Community Development; Christine Adams, Director of Community Services; Mary Lindley, Assistant to the City Manager; Dirk Lovett, Assistant City Engineer; Don Reynolds, Administrative Services Manager; Lieutenant Marty Rouse, Sheriff's Department; and Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: A. Recognition of Fireworks Show Volunteers - Moorpark Kiwanis Club and Area Amateur Ham Radio Operators. Mayor Lawrason presented Certificates of Recognition to Don Eaton, representing Moorpark Kiwanis Club, and to Rick Tate and Ed Pierce, representing the Amateur Ham Radio Operators, who volunteered their assistance with the Fireworks Celebration on July 3, 1995. AT THIS POINT in the meeting, the City Council recessed to convene the Moorpark Redevelopment Agency. The time was 7:20 p.m. The City Council re- convened at 7:23 p.m. 5. REORDERING OF, AND ADDITIONS TO THE AGENDA: CONSENSUS: By consensus, the Council determined to reorder the agenda to consider Item 11.E. as the first Action /Discussion item. OOW51S Minutes of the City Council Moorpark, CA Page 2 6. PUBLIC COMMENT: August 2, 1995 Tony Bellasalma, 11823 Maplecrest Street, presented a plaque to the City Council for their support of the Senior Citizens. Mayor Lawrason accepted the plaque on behalf of the City Council. Joe Latunski, 289 Casey Road, stated that he would like to meet with City Councilmembers regarding problems at the Senior Center. He stated that there is a lack of fund raising activities for the Center. Felix H. Gomez, 4805 Juarez Avenue, stated his concerns about the possible widening of the Arroyo Simi by the Flood Control District. He said this widening will encumber the land that is proposed to be used for a park for the Villa Campesina neighborhood. Mayor Lawrason responded that he was aware of the possible channel widening plans and said he intends to promote discussion with the Flood Control District to get the accurate information relative to this matter. Mr. Kueny suggested that the Public Works, Facilities and Solid Waste committee could put this on their agenda and invite the neighborhood and a representative from the County. Councilmember Montgomery stated that a special meeting of the Public Works, Facilities, and Solid Waste committee is scheduled for August and the proposed Arroyo Simi widening could be agendized for that time. He said that an invitation should be extended for a representative from Supervisor Mikels' office to be in attendance at the meeting. Miguel Campos, 4813 Juarez Avenue, requested that the City Council take some action to curtail the widening of the Arroyo Simi in the area of the Villa Campesina homes because of the encroachment on the proposed park land. Matteo Adragna, 106 Wicks Road, requested that the Council consider moving Item 11.K. up on the agenda as he is at the meeting to speak on this item. Gerald Goldstein, 11932 Los Angeles Avenue, said the new bus is an asset to the city. 7. COMMITTEE REPORTS: None. 0000Q`.) Minutes of the City Council Moorpark, CA Page 3 8. CONSENT CALENDAR: August 2, 1995 MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to pull Items 8.A., Minutes of the Special Meeting of June 28, 1995 and Minutes of the Adjourned Regular Meeting of June 28, 1995, Item S.E. and Item 8.K. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of the Special City Council Meeting of June 21, 1995. Consider Approval of Minutes of the Special City Council Meeting of July 5. 1995. Staff Recommendation: Approve the minutes as processed. B. Consider Approval of Warrant Register Fiscal Year 1994/1995 Regular Warrants 27497 - 27541 $130,096.50 Fiscal Year 1995/1996 Manual Warrants 27474 - 27475, 27490 -27496 $ 1,346.57 Regular Warrants 27542 -27631 $113,060.55 Staff Recommendation: Approve the Warrant Register. C. Consider Authorization to Advertise for Receipt of Bids for the Installation of Security Lights at Campus Canyon Park and Glenwood Park. Staff Recommendation: Approve the plans and specifications for the subject project and authorize staff to advertise for receipt of bids, with the incorporation of any corrections required as a result of plan check by the Building and Safety Department. D. Consider Rejecting Bids for Construction of Restroom /Concession Facility at Arroyo Vista Community Park. Staff Recommendation: Reject all bids and direct staff to re- advertise for bids for construction of the restroom /concession facility, concurrently with advertising for bids for sewer and water improvement to subject restroom /concession facility. Minutes of the City Council Moorpark, CA Page 4 August 2, 1995 F. Consider Approval of a Certificate of Acceptance for a Street Easement Deed (Gisler) for Additional Right -of -Way on Poindexter. Staff Recommendation: Approve the Certificate of Acceptance for the Easement Deed and authorize the City Clerk to record said certificate and related deed. G. Consider Change to the Estimated Cost for the 1995 Street Reconstruction Project. Staff Recommendation: Approve the increase in the scope and cost of work as described in the staff report. H. Consider the Exoneration of Gradina Bond for 7155 Walnut Canyon Road (Peters). Staff Recommendation: 1) Authorize staff to accept the grading for the improvement located at 7155 Walnut Canyon Road as complete; 2) Authorize the City Clerk to release the aforementioned Bond in the amount of $26,500. I. Consider the City of Palm Desert's Membership Application to Southern California Joint Powers Insurance Authority (SCJPIA). Staff Recommendation: Receive and file the report. J. Consider Merit Salary Increase for City Manager and Adoption of Resolution No. 95 -1140, Establishing the Salaries for Competitive Service, Non - Competitive Service, and Hourly Employees; and Rescinding Resolution No. 95 -1139. Staff Recommendation: Pursuant to City Council action of 7/26/95, transfer $2,348.20 from departmental savings in fiscal year 1994/95 to cover the retroactive salary increase and adopt Resolution No. 95- 1140 rescinding Resolution No. 95 -1139 to grant 2.5% merit increase in compensation effective 7/9/94. The following items were pulled from the Consent Calendar for individual consideration: A. Consider Approval of Minutes of the Special City Council Meeting of June 28, 1995. Consider Approval of Minutes of the Adjourned Regular City Council Meeting of June 28, 1995. Councilmember Wozniak pulled these items from the Consent Calendar as he was not present at the meetings. 0000bi Minutes of the City Council Moorpark, CA Page 5 August 2, 1995 MOTION: Councilmember Montgomery moved and Councilmember Hunter seconded a motion to approve the minutes as processed. The motion carried by 4 -0 voice vote, Councilmember Wozniak abstaining. E. Consider Authorization to Advertise for Receipt of Bids for the 1995 Slurry Seal Project. Staff Recommendation: Approve the plans and specifications and authorize staff to advertise for receipt of bids for the construction of the subject project. Councilmember Wozniak pulled this item to ascertain why High Street west of Moorpark Avenue is not included in the proposed slurry seal project. Mr. Gilbert explained that staff will review the inclusion of High Street west of Moorpark Avenue and will bring a recommendation back to Council when the bids are presented. MOTION: Councilmember Wozniak moved and Mayor Lawrason seconded a motion to approve the plans and specifications and authorize staff to advertise for receipt of bids for the construction of the subject project and direct staff to bring back a recommendation as to whether the portion of High Street located west of Moorpark Avenue will be included in the slurry seal project. The motion carried by unanimous voice vote. K. Consider Bid Solicitations for Purchase and Installation of CDBG Funded Play Equipment at Mountain Meadows Park. Staff Recommendation: Authorize bid solicitation for the Mountain Meadows playground equipment and the City Manager to award the contract for installation of the lowest responsible bidder. (Continued item) Mayor Lawrason said he pulled this item as staff has requested to make a clarification in the staff recommendation. Mr. Reynolds gave the staff report. He said staff is requesting that the closing date be changed from August 21, 1995 to September 5, 1995. 0000 CIZ Minutes of the City Council Moorpark, CA Page 6 August 2, 1995 MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to authorize bid solicitation for the Mountain Meadows playground equipment and authorize the City Manager to award the contract for installation yo the lowest responsible bidder with the closing date for the award of bids to be changed from August 21, 1995 to September 5, 1995. The motion carried by unanimous voice vote. 9. PUBLIC HEARINGS: None. 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Hunter commented that he has been informed that the California Highway Patrol is removing the truck route signs on State Route 118 so it will not be a preferred truck route any longer. Councilmember Hunter said this is good news and should help alleviate some of the truck traffic through the city. 11. ACTION /DISCUSSION: E. Consider Underground Utilities on Los Angeles Avenue. Staff Recommendation: 1) Approve the scope of the proposed utility undergrounding project to be as defined by Alternate #3 in Section G of the staff report; 2) Set October 18, 1995, at 7:00 p.m. as the date and time of a public hearing to consider the formation of Underground Utility District No. 95 -1; 3) Authorize the City Clerk to notify the owners of the properties within the proposed boundaries of said District, of the date, time and purpose of said hearing; 4) Authorize the Director of Public Works to prepare a report pertaining to the formation of said District. Mr. Gilbert gave the staff report. Rick Phillips, Project Manager for Rule 20A Projects for the Edison Company, 42060 Tenth Street W., Lancaster, addressed the Council. He said the Edison Company is working with the City to get the project going. He said the impact of this undergrounding is minimal and the aesthetics will be excellent. In response to Councilmember Perez, Mr. Phillips said he is working with City staff to make additional monies available under the Rule 20A guidelines. UUUU:i Minutes of the City Council Moorpark, CA Page 7 August 2, 1995 In response to Council question, Mr. Gilbert stated that no action is required by the Council at this time except to give direction to staff with any specific comments or thoughts they may have about the formation of this district. Mr. Kueny said it would be best to defer any action until we know the position of the Edison Company with regard to additional funds. CONSENSUS: By consensus, the Council determined to table this item and to take no action. A. Consider Reauest by Mr. Saadallah ( "Smoa Pro ") Regardin Use of His Property at 347 Moorpark Avenue as a Truck Rental Yard and a Recreational Vehicle Yard. Staff Recommendation: Direct staff as deemed appropriate. (Continued item) Mr. Aguilera gave the staff report. In response to Councilmember Wozniak, Mr. Aguilera confirmed that if action is taken this evening, the recreational vehicles will have to be removed by August 31. Joe Latunski, 289 Casey Road, spoke in favor of Mr. Saadallah being allowed to conduct the business of the recreational vehicle storage and the rental of utility trucks. Saad Maoui (Mr. Saadallah) , 347 Moorpark Avenue, spoke as the owner of SmogPro Auto. He thanked the Council for their consideration of this matter and stated he had submitted a petition to the Deputy City Clerk for each of the Councilmembers. CONSENSUS: By consensus, the Council determined to waive their rules of procedure to receive copies of the petition. In response to Council question, Mr.Saadallah stated that Mr. Tash is the owner of the property where the SmogPro Auto shop is located. In response to Councilmember Montgomery, Mr. Aguilera stated that staff recommendation No. 3 is that only one rental truck can be parked east of the chain link fence, others would need to be located west of the chain link fence. 000 Minutes of the City Council Moorpark, CA Page 8 August 2, 1995 Mr. Saadallah stated that he is willing to pay for staff time of approximately $470 to resolve this issue. He said that he is providing storage for five recreational vehicles now and does not plan to have in excess of that number. In response to Councilmember Perez, Mr. Saadallah said when he rented the station from Mr. Tash he did not inquire as to whether or not the recreational vehicle storage and the truck rental uses were permitted for this location. He also confirmed that the rental truck limit is intended to be not more than four. CONSENSUS: By consensus, the Council determined to move forward with this item by issuing a temporary use permit for six months; to review the land use at the end of that time for a possible extension of the temporary use permit for another six months at which time the downtown plan will be in place and will allow for consideration of the land use of this location relative to the downtown plan specifications. Lieutenant Rouse requested that the Sheriff's Department be allowed to conduct a security survey as part of the conditions of approval. In response to Councilmember Montgomery, Lieutenant Rouse said it will be done with available time of the Community Service Officer. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to amend the Conditions of Approval to read as follows: 1. The applicant must apply for a Temporary Use Permit prior to August 31, 1995. 2. Only one rental vehicle may be parked or otherwise located at any one time east of and adjacent to the chain link fence which divides the property. 3. All other rental and recreational vehicles (including trailers) must be located west of the chain link fence. 4. Use will be limited to four rental and five recreational (total of nine) vehicles. All other vehicles currently being stored on the site must be removed by August 31, 1995. 5. Any sign advertising the truck rental must be temporary in nature, and must first be reviewed and approved by the Director of Community Development. 0000 ()5 Minutes of the City Council Moorpark, CA Page 9 August 2, 1995 6. The applicant must pay all permit and code enforcement costs ($40.00 for the permit plus $435.00 for 5.5 hours of staff time) prior to issuance of the Temporary Use Permit. 7. Security survey of the property will be conducted by the Sheriff's Department. The motion carried by unanimous voice vote. B. Consider Appointment to the Area Housinq Authority of the County of Ventura. MOTION: Mayor Lawrason moved and Councilmember Wozniak seconded a motion to appoint Herbert Morrison to the Area Housing authority of the County of Ventura. The motion carried by unanimous voice vote. C. Consider Participation in Joint Powers Agreement Related to the Planning and Conservation League vs. Ventura County Transportation Commission Lawsuit. Staff Recommendation: 1) Approve Moorpark's participation in the Joint Powers Agreement related to the Planning and Conservation League vs. Ventura County Transportation Commission pending confirmation that the City's cost will not exceed $1,100; 2) Direct the Mayor to sign the Agreement on behalf of the City; and 3) Approve the allocation of $1,100 from the General Fund Reserves for Moorpark's share of the Agreement's costs. (ROLL CALL VOTE REQUIRED) Mary Lindley gave the staff report. Mayor Lawrason commented that the City's participation in the Joint Powers Agreement is important. MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to 1) Approve Moorpark's participation in the Joint Powers Agreement related to the Planning and Conservation League vs. Ventura County Transportation Commission pending confirmation that the City's cost will not exceed $1,100; 2) Direct the Mayor to sign the Agreement on behalf of the City; and 3) Approve the allocation of $1,100 from the General Fund Reserves for Moorpark's share of the Agreement's costs. The motion carried by unanimous roll call vote. 000066 Minutes of the City Council Moorpark, CA Page 10 August 2, 1995 D. Consider Approval of an Agreement Between the City and Morri son - Fountainwood-Agoura and a Professional Services Agreement Between the City and EDAW, Inc. for Preparation of an Environmental Impact Report and Specific Plan, and Provision of Related Services, for the Specific Plan No. 2 Project. Staff Recommendation: 1) Authorize the City Manager to sign the Agreement between the City and Morrison - Fountainwood- Agoura for Preparation of an Environmental Impact Report and Specific Plan, and Provision of Related Services for the Specific Plan No. 2 Project; and 2) Authorize the City Manager to sign the Professional Services Agreement between the City and EDAW, Inc., for Preparation of an Environmental Impact Report and Specific Plan, and Provision of Related Services for the Specific Plan No. 2 Project subject to final language approval by the City Attorney and City Manager; 3) Authorize staff to schedule a joint City Council/ Planning Commission meeting for the Specific Plan No. 2 Project, following receipt of Draft EIR Notice of Preparation comments. Debbie Traffenstedt gave the staff report. Councilmember Montgomery commented that he prefers that the Mayor be given authorization to sign the Agreements rather than the City Manager. Michael Greynald, spoke as a representative of Morrison - Fountainwood- Agoura, 25841 W. Thousand Oaks Blvd, Calabasas. He said the scheduled workshop will be very helpful to everyone involved and he requested that the Council approve the agreement. Dan Herman, 1920 Main Street #450, Irvine, spoke as a principle of EDAW, Inc. He provided a background of some of the projects they have been involved in. Mayor Lawrason commented that the Council is extremely sensitive to the circulation and traffic analysis of this particular project because it is in the heart of the City. In response to Council question, Debbie Traffenstedt stated that the first meeting relative to this subject will be in November and that the Notice to Preparation will be filed in February, 1996. 000067 Minutes of the City Council Moorpark, CA Page 11 August 2, 1995 MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to 1) Authorize the Mayor to sign the Agreement between the City and Morrison- Fountainwood- Agoura for Preparation of an Environmental Impact Report and Specific Plan, and Provision of Related Services for the Specific Plan No. 2 Project; and 2) Authorize the Mayor to sign the Professional Services Agreement between the City and EDAW, Inc., for Preparation of an Environmental Impact Report and Specific Plan, and Provision of Related Services for the Specific Plan No. 2 Project subject to final language approval by the City Attorney and City Manager; 3) Authorize staff to schedule a joint City Council /Planning Commission meeting for the Specific Plan No. 2 Project, following receipt of Draft EIR Notice of Preparation comments. The motion carried by unanimous voice vote. F. Consider Authorization to Advertise for Receipt of Bids for the Construction of Improvements at Poindexter Park. Staff Recommendation: Approve the plans and specifications for the subject project and authorize staff to advertise for receipt of bids, upon completed plan review. Mayor Lawrason stated that he is disappointed with the cost increase for the project. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to approve the plans and specifications for the subject project and authorize staff to advertise for receipt of bids, upon completed plan review. The motion carried by unanimous voice vote. G. Consider Parks and Recreation Commission Recommendation on Establishing Guidelines for City to Accept and Recognize Contributions to Parks and Recreation Activities and Facilities. Staff Recommendation: 1) Adopt recommended guidelines for recognition of donations as outlined in the staff report; 2) Appropriate $8,000 from General Fund Reserves to 01.4.148.629 (Special Supplies and Services) for Gifts Catalogue Program. (ROLL CALL VOTE) Christine Adams gave the staff report. "G'S Minutes of the City Council Moorpark, CA Page 12 August 2, 1995 Councilmember Wozniak stated that the recommendation coming forward from the Parks and Recreation Commission does not represent what he envisioned as the guidelines. He suggested that he be appointed the liaison to work with the Ad Hoc Committee of the Parks and Recreation Commission to clarify and establish guidelines. Councilmember Montgomery suggested that it may be appropriate for the Public Works, Facilities and Solid Waste Committee to meet with the Parks and Recreation Commission Ad Hoc Committee instead of just one member of Council. Councilmember Wozniak said it is his intent to keep the further review of these guidelines a simple matter and would prefer the approach he outlined. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to send this item back to the Parks and Recreation Commission Ad Hoc Committee that had previously reviewed it and to appoint Councilmember Wozniak as the liaison from the City Council to work with the Ad Hoc Committee to bring back a recommendation to the full Council. The motion carried by unanimous voice vote. H. Consider Roamin' Relics Car Show to be Held October 29, 1995 and Request for a City Sponsorship by Reducing Fees. Staff Recommendation: 1) Reduce fees by billing the contract rate for police, waive encroachment and temporary use permit fees and the cost of the Administrative Services Manager, not charge for the use of the Redevelopment Agency's property; 2) Require that a contribution to a Moorpark nonprofit group be donated in an amount equal to or greater than the contribution made by the City to the event; 3) Require that encroachment permit fees and Temporary Use Permit fees be paid this year; and 4) Decline the invitation to co- sponsor the event. Don Reynolds gave the staff report. 0000b!) Minutes of the City Council Moorpark, CA Page 13 August 2, 1995 Councilmember Perez stated that he is concerned that the City is requiring a contribution to a Moorpark nonprofit group be donated by Roamin' Relics in an amount equal to or greater than the contribution made by the City to the event. He said it is better if it is not mandated. Councilmember Perez suggested that Condition No. 2 be stricken from the conditions of approval. Councilmember Wozniak supported the striking of Condition No. 2 which requires that a donation be made by the Roamin' Relics organization. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to 1) Reduce fees by billing the contract rate for police, waive encroachment and Temporary Use Permit fees and the cost of the Administrative Services Manager, not charge for the use of the Redevelopment Agency's property; 2) Require that Encroachment Permit fees and Temporary Use Permit fees be paid this year; and 3) Decline the invitation to co- sponsor the event. The motion carried by unanimous voice vote. I. Consider Resolution No. 95 -1141 Approving Minor Modification No. 2 to IPD 93 -1 (G &S Partnership) to Allow Art in Public Places Fee to be Utilized for Artwork. Staff Recommendation: Approve Resolution No. 95 -1141 to approve Minor Modification No. 2 to IPD 93 -1. Jim Aguilera gave the staff report. MOTION: Councilmember Hunter moved and Councilmember Montgomery seconded a motion to approve Resolution No. 95 -1141 to approve Minor Modification No. 2 to IPD 93 -1. The motion carried by unanimous roll call vote. J. Consider Request by G &S Partnership Concerning Declaration of Restrictions and Agreement (IPD 93 -1). Staff Recommendation: Approve agreement as recommended by staff. Mr. Kueny gave the staff report. Blanca Banuelos, spoke representing G &S Partnership. She stated that they are concerned that any minor infraction of the terms of the Certificate of Insurance or other conditions would result in their permit being revoked by the City. 0000 0 Minutes of the City Council Moorpark, CA Page 14 August 2, 1995 Ms. Kane responded that relative to minor default under the agreement, the IPD requires a public hearing before the IPD can be revoked. She said G &S does not need to be concerned that a minor breach will cause revocation of their IPD. Councilmember Montgomery commented that he does not believe the Council should jeopardize this project by being too demanding over this issue. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion not to include the changed language as presented in the staff report dated July 28, 1995 as recommended by staff. The motion carried by unanimous voice vote. K. Consider Request from Mat Adragna Concerning Engineering Fees for Plan Check and Inspection Service. Staff Recommendation: Direct staff as deemed appropriate. Mr. Hare gave the staff report. Matteo Adragna, 106 Wicks Road, addressed the Council. He indicated that he is seeking accountability for the engineering fees he has been charged up to this point. He indicated that he had provided a letter to the Clerk to be given to Council. CONSENSUS: By consensus, the Council determined to waive their rules of procedure and to accept copies of Mr. Adragna's letter. After Council discussion, the following motion was heard: CONSENSUS: By consensus, the Council determined to direct staff to 1) provide to the applicant and City Councilmembers an itemized listing of all Engineering Fees for plan check and inspection services to date with the proviso that no staff time be charged to the applicant for the itemization; 2) provide to City Councilmembers copies of all past communication (internal and external) with the applicant; 3) provide to the applicant the City Engineering Fee schedule with an explanation of the criteria upon which fees are based; 4) continue this item to September 6, 1995; 5) notify all applicants when their fee deposits are nearing depletion; 6) extend the Certificate of Deposit's guarantee period to 9/6/95. 0000"A Minutes of the City Council Moorpark, CA Page 15 August 2, 1995 12. ORDINANCES: None. 13. CLOSED SESSION: None was held. 14. ADJOURNMENT: MOTION: Councilmember Hunter moved and Councilmember Montgomery seconded a motion to adjourn the meeting. The motion carried by unanimous voice vote. The time was 10:29 p.m. Paul W. Lawrason Jr., Mayor By Mayor Pro Tem Bernardo M. Perez ATTEST: 00007%