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HomeMy WebLinkAboutMIN 1996 0508 CC SPCMINUTES OF THE CITY COUNCIL Moorpark, California May 8, 1996 A Special Meeting of the City Council of the City of Moorpark was held on May 8, 1996, 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 6:35 p.m. 2. ROLL CALL: Present: Councilmembers Brown, Hunter, Perez, Wozniak and Mayor Lawrason Staff Present: Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney. 3. CLOSED SESSION: MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to adjourn to Closed Session for a discussion of all items listed: A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) to Section 54956.9 of the Government Code: (Number of cases to e discussed - three) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - two) C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: Portion of 506- 010 -045 Negotiating parties: City of Moorpark and Southern California Edison Under Negotiation: Price and terms of payment D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code): Dillon vs. The City of Moorpark E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Moorpark LeClub, et al vs. The City of Moorpark 0)0316 Minutes of the City Council Moorpark, California Page 2 May 8, 1996 F. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (pursuant to Government Code Section 54957) Title: City Manager, Deputy City Manager, Director of Community Services, Public Works Director, City Clerk, Chief of Police, City Engineer, and City Attorney The Council adjourned to Open Session at 6 :55 p.m. Mr. Kueny stated that only items 3.A., 3.B. (two cases) and 3.C. were discussed. Ms. Kane announced the Council went into Closed Session under 3.A. to confer with the City Attorney regarding litigation that might result against the City in connection with the G.I. Industries bankruptcy case if the City requires enforcement of the transfer provision with G.I. Rubbish. AT THIS POINT IN THE MEETING a recess was declared. The time was 6 :55 p.m. The Council reconvened at 7:10 p.m. 4. PRESENTATIONS /ACTION /DISCUSSION: CONSENSUS: By consensus the Council determined to reorder the agenda to take item 4.C. first. C. Consider Gathering of Day Laborers on the Southwest Corner of High Street and Spring Road. Staff Recommendation: Direct staff as deemed appropriate. Mary Lindley gave the staff report. Ms. Kane described the litigation which had occurred in other cities relative to the day laborer issue. She indicated that the City of Costa Mesa was involved in litigation of their ordinance which was then modified. She said this ordinance was not precedent setting. She indicated the ordinance was still in effect but that the ordinance had not been particularly effective. She said the City of Agoura Hills' ordinance had been litigated and was precedent setting. She said the City of Agoura Hills first started a phone bank and a day laborer site and then adopted a regulating ordinance to control solicitation by both prospective employees and employers. She said the appellate court cited the fact that the City of Agoura Hills had tried many other means prior to enacting their Ordinance. She said that the ordinance was upheld because it wasn't being used as a discrimination tool. She said enforcement became the issue as it was expensive to use undercover agents in oWO3'7 Minutes of the City Council Moorpark, California Page 3 May 8, 1996 order to hear someone actually soliciting. She said the ordinance has been modified to reduce the penalty to an infraction. She said the level of proof is the same but it is easier to get a conviction of an infraction. Harvey Plaks, 4957 Mira Sol, addressed the Council by saying that undocumented workers do not have the right to solicit work. He said if they are documented workers, day laborers should be helped through the Employment Development Department (EDD) . He suggested painting the curb red with no stopping signs for 200 yards on either side of the corner of High Street and Spring Road. He said signage should be erected indicating that parking lots are for those using the store only and that the owner has the ability to tow the cars of those not using the store. He said the City should invite the Border Patrol into town. In response to Councilmember Hunter, Mr. Kueny stated that there was no official communication from the City to the INS that they were not welcome in Moorpark. Connie Lawrason, 4291 Ambermeadow Street, addressed the Council and indicated that while working at the Moorpark Flower Emporium she had seen day laborers urinating and defecating in public. Cathleen Mateko, 485 E. High Street, spoke as the owner of Dan Mateko Concrete. She said the day laborers gather at the Tipsy Fox drinking and come across the street to ask for money. She said she has been sexually harassed when she has gone across the street to the Tipsy Fox. She said littering is not enforced. She said people using day laborers should have insurance - worker's compensation, etc. She said the State Contractor's Board should look at employers who are hiring day laborers. She said she has seen public urination and defecation. Joy Cummings, 650 Bard Street, spoke to the Council as a High Street merchant. She indicated that she is "not prejudice and finds Mexican people are on the whole giving, caring, and tolerant ". She said however, that she has seen the day laborers not respecting the customs in this country and trampling the landscaping on High Street at the Tipsy Fox and littering. She said that Councilmember Perez talked to her about setting up a hiring place in front of the buildings that the City owns on High Street. She said after thinking about the idea she has decided she did not want the day laborers there trampling the landscaping and littering. She said High Street merchants have worked long and hard to get some of the High Street amenities in place. 0OW38 Minutes of the City Council Moorpark, California Page 4 May 8, 1996 Linda Shehorn, 487 E. High Street, spoke as the owner of the Copy Masters business. She said she sees men urinating in full public view. She said she has been sexually harassed when visiting the Tipsy Fox. She asked why the Health Department has not been called. She complained that her business has lost business because of the situation. Ed Newhart, 460 High Street, spoke as the owner of Randy's Tire. He said he has stepped in human defecation beside his building and that loitering laws are needed. Kathee Amador, 493 E. High Street, spoke to the Council as the owner of Moorpark Flower Emporium. She said that the situation is hurting her business. She said for four years she has tried to solve the day laborer problem. She said Elton Gallegly was told by the City Council that he was not welcome in town. She said only a few businesses were left on High Street. She said women do not feel safe on High Street. Mike Abdul, owner of the Tipsy Fox, 498 High Street, said he is present to answer any questions. He said the City must find the day laborers a place to do their business. Councilmember Perez said the City has enacted parking signage and asked why Mr. Abdul has not taken advantage of that. In response, Mr. Abdul said that it was difficult if not impossible to tow peoples cars when they were right on site and could "jump in" their car and drive away before the tow truck "hooked up ". He asked who was going to pay for the tow truck and he indicated that he had to deal with people who might get very angry with him personally for any action he takes against them. Charlene Pizzadili, no street address given, Simi Valley, addressed the Council as a representative of the National Organization for Women. She said that the City belongs to the day laborers as well as the businesses. She said "it" is not a problem unless businesses make "it" a problem. She said offer your bathrooms to the day laborers. Ricardo Melendez, no street address given, addressed the Council as a representative of E1 Concilio. He indicated that over a three to four hour period he observed forty to fifty day laborers at the Tipsy Fox. He said he has seen them waiting for jobs and during that period of time about ten men being picked up for jobs. He has seen women walk by and be treated respectfully. He said he Minutes of the City Council Moorpark, California Page 5 May 8, 1996 has talked to Mary Lindley about the issues of disrespectfulness and defecation, but he said the only priority is to get these people jobs. He said relocation to another site was tried and failed. He said the problem was that employers were not told about the new site. He said the day laborers say going to a new site is not a problem, but they were unable to get jobs there. He said don't give up. He said he thought a task force should be formed and that a port -a -potty should be provided. Mayor Lawrason said previously he and Councilmember Perez had been on a task force and had attempted to make sure that everyone knew where the new site was located, that a sign had been posted indicating where the new site was. He said every effort was made by the City. He said he wants to see the City be more pro active at this point. He said during the former process an El Concilio representative had been involved. Patti Hudson, 3366 Darby, Simi Valley, addressed the Council as another representative of the National Organization for Women. She said she was here in support of the day laborers and she said she did not feel High Street is dangerous and that "the problem" could be solved. Don Shively, 820 Hedyland Court, addressed the Council. He said he lived off of Charles Street and did not feel safe himself nor safe in sending his two daughters or wife down to Tipsy Fox. He said that people who do not live in the City should not be imposing their beliefs on public comment speakers. Barbara Schultz, 3072 Darlington Drive, Thousand Oaks, addressed the Council saying she owned property in Moorpark. She said the business owners on High Street have suffered through this problem. She said the people who stand on the corner, the day laborers, make it harder on those people trying to get legitimate jobs. Mary Lindley said the day laborers asked her to report to the Council that they are not an organized group, that they only represent themselves. She said there are other day laborers who are not present and not represented. Lt. Rouse spoke regarding the enforcement aspects of the problem. He said that only a few citations have been written since the actions which have resulted in complaints don't happen in front of Police Officers. He said recently there has be a similar problem on Santa Rosa Road. He said that County Counsel has advised the Sheriff's Department that no penal code violations are OM-040 Minutes of the City Council Moorpark, California Page 6 May 8, 1996 occurring relative to that day laborer site. In response to Councilmember Perez, Lt. Rouse said the signage for restricting parking was a good effort but didn't solve the problem. Ms. Kane indicated that Lt. Rouse had sent an ordinance to the City Attorney's office for review that would prohibit urinating in public. Bill Estrada, 15470 Kernvale Avenue, addressed the Council saying he was a twelve year resident. He said he has seen Moorpark change during that time. He said he and his family do not go to High Street any longer. He said that employers of day laborers should realize that if an accident occurs to a day laborer they are liable. He said they should also reflect on the tax issues involved. He said he did not wish to park his car at the Metrolink Parking Lot and so did not take the train. He also said that people thought of Moorpark as "that word" spelled backwards. He said, "Mr. Perez, the problems you support are illegal. People feel that it is okay to break the law in Moorpark." Councilmember Perez indicated that he never condoned any illegal activity. Mr. Estrada said if you hire someone and don't pay taxes that is illegal. Amado Reynoso, 1294 Flory Avenue, said the day laborers are welcome on his block anywhere. He said we need to learn to get along. Chris Selgado, 370 Bard Street, said find everyone on the corner a job. John Drury, no address given, said "can't we all just get along ". He said the day laborers do jobs that no one else wants to do. Mayor Lawrason said the Council needs to look at agendizing this subject for a Committee or Council agenda. He said the legal avenues are too risky or too costly. He said the City needs to invest the resources, time and money, to look at solving the problem. Councilmember Brown said there are two levels to be looked at, support of the businesses and help for the workers. Mayor Lawrason suggested agendizing the matter for a decision as to what the next step is that should be taken. (JOW 1. Minutes of the City Council Moorpark, California Page 7 May 8, 1996 Councilmember Wozniak said that Moorpark should be defended by anyone against those who would put the City down. He said he wanted to tell the E1 Concilio representative that the City has not given up. He said, however, the situation is getting worse. He said he has had problems being accosted twice. He said why would someone put yourself in that position. People just will not patronize Tipsy Fox. He said everyone has rights to quality of life. He said he believes this needs to be handled at the Council and not Committee level. He said a couple of workshops should be held where smaller groups can be used for discussion purposes. He said we need to educate those employing the day laborers of the liability issues. Councilmember Hunter said he Councilmember Wozniak said. help from anyone who could Federal Government. He said workers are breaking the law and be told that. agreed with much of what He said he would welcome provide it, including the those hiring undocumented and they should know that Councilmember Perez said that Mr. Mendez didn't intend to say that Moorpark has given up. He said that he appreciates every speaker and appreciated their involvement in the community. He said he's working on formulating an idea which he will continue to work on. He said he appreciates the concerns of the business community. He said that the Chamber itself had in the past wanted to utilize day laborers for a task they needed done. CONSENSUS: By consensus the Council determined to request that this matter be placed on the June 5, 1996 City Council meeting for a decision as to the next step to be taken. AT THIS POINT IN THE MEETING a recess was declared. The time was 9 :25 p.m. The Council reconvened at 9:35 p.m. RX Phase 2 (assessor's Parcel No. 511- 08 -42). Staff Recommendation: 1) Direct staff to accept a General Plan Amendment to change of Land Use Designation from M to C- 2; 2) Make a determination about processing of a Tentative Parcel Map and Commercial Planned Development Permit concurrently with the proposed General Plan Amendment and Zone Change. (Continued item) (lO(ir4342 Minutes of the City Council Moorpark, California Page 8 May 8, 1996 Mr. Hare gave the staff report. Mr. Kueny said that the list of items used by staff to determine when an application is complete will be revised to include that an application must be consistent with underlying zoning in order to be deemed complete. Mr. Deewayne Jones, the applicant, addressed the Council and said he was comfortable with what was presented by staff and concurred with their recommendation. In response to Councilmember Perez, Mr. Jones indicated that he had met with area residents regarding his project. Mr. Kueny recommended that the Council accept the application for Tentative Parcel Map and CPD and direct staff to include in the list of items that are needed to deem an application complete that there be consistency with the zoning on the subject property. Councilmember Brown suggested that the two items being acted upon be separated into 1) the acceptance of the application, and 2) the new list of items to be used to deem an application complete. She said she would see them coming back as separate consent calendar items. Ms. Kane indicated that there is nothing in state law that requires the City Council to approve the list of items needed to deem an application complete. MOTION: Councilmember Wozniak moved and Mayor Lawrason seconded a motion to accept the application for Tentative Parcel Map and CPD and direct staff to include in the list of items that are needed to deem an application complete that there be consistency with the zoning on the subject property. The motion carried by unanimous voice vote. B. Consider Immlementation Plan for Farmers' Market. Staff Recommendation: 1) Agree to co- sponsor a Farmers' Market by providing the North Metrolink Parking Lot at no cost and assisting with in -kind advertising resources; 2) Direct staff to proceed with the implementation plan to establish a Farmers' market within the next six to eight weeks with a June 15 target date; and 30 Provide the Council with a status report after the first four months, or by the October 2, 1996 Council meeting. (Continued item) Mr. Reynolds gave the staff report. (JOW43 Minutes of the City Council Moorpark, California Page 9 May 8, 1996 Joy Cummings, 650 Bard Street, addressed the Council and said that she wanted to clarify that she had not been against a Farmers' Market in the past but had just been against City co- sponsorship. She said it was important that the businesses on High Street receive equitable treatment. She said she believed that the Farmers' Market is a good idea and will help bring people to High Street and will increase business for those businesses now on the street. She asked for more events. Jim Stueck, 4767 Elderberry, addressed the Council as the Chamber of Commerce President. He said he is requesting that the City help pay with advertising up to $3,000 along with providing Channel 10 announcements, using the City's marquee signs and placing advertising in the Recreation Brochure. Cynthia Korman, 802 Mercer Avenue, Ojai, addressed the Council as the proposed coordinator for the Farmers' Market. She said one business each week will be highlighted. Chris Gilcrest, 13 Bahia Circle, Santa Barbara, indicated he was one of the farmers who participated in a Farmers' Market and that the coordinator had done an excellent job in Ojai. Councilmember Brown indicated that she would like to explore offsite signage on High Street in the future. She also said that the budget sessions would be the appropriate forum for discussing the City's participation in the advertising costs. MOTION: Councilmember Perez moved and Mayor Lawrason seconded a motion to co- sponsor a Farmers' Market by providing the north Metrolink Parking Lot at no cost and assisting with in -kind advertising resources; to direct staff to proceed with the implementation plan to establish a Farmers' Market within the next six to eight weeks with a June 15 target date; and to provide the Council with a status report after the first four months or by the October 2, 1996 Council meeting. The motion carried by unanimous voice vote. 3. CLOSED SESSION: MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to adjourn to Closed Session of all items listed: A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) to Section 54956.9 of the Government Code: (Number of cases to be discussed - three) Minutes of the City Council Moorpark, California Page 10 May 8, 1996 B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - two) C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: Portion of 506 - 010 -045 Negotiating parties: City of Moorpark and Southern California Edison Under Negotiation: Price and terms of payment D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code): Dillon vs. The City of Moorpark E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Moorpark LeClub, et al vs. The City of Moorpark F. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (pursuant to Government Code Section 54957) Title: City Manager, Deputy City Manager, Director of Community Services, Public Works Director, City Clerk, Chief of Police, City Engineer, and City Attorney The motion carried by unanimous voice vote. AT THIS POINT IN THE MEETING a recess was declared. The time was 10:35 p.m. The Council reconvened into Closed Session at 10 :40 p.m. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney. The Council reconvened into Open Session at 11:00 p.m. Mr. Kueny stated there was no action to report and only item 3.B. was discussed. 5. ADJOURNMENT: Mayor Lawrason adjourned the meeting at 11:00 p.m. Paul W. awrason ., Mayor s / L; I r L -N-- -c Lillian E. Hare, City C OM045