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HomeMy WebLinkAboutMIN 1999 1117 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California November 17, 1999 A Regular Meeting of the City Council of the City of Moorpark was held on November 17, 1999 in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 6:39 p.m. 2. INVOCATION: Pastor Dave Wilkinson, Moorpark Presbyterian Church, led the invocation. 3. PLEDGE OF ALLEGIANCE: Moorpark Cub Scout Pack 3601 did a presentation of colors and led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Evans, Harper, Rodgers, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; John Nowak, Assistant City Manager; Wayne Loftus, Director of Community Development; Dirk Lovett, Assistant City Engineer; Captain Mike Lewis, Sheriff's Department; Don Reynolds, Administrative Services Manager; Mike Mathews, Senior Management Analyst; John Brand, Senior Management Analyst; Deborah Traffenstedt, City Clerk; and La -Dell VanDeren, Deputy City Clerk. S. PROCLAMATIONS AND COMMENDATIONS: A. Introduce New City Employees, Dana Shigley, Finance Manager, and Ana Cervantes, Account Clerk I. Mayor Hunter introduced the new City employees. B. Proclamation: Buckle Up for Life Challenge (11/99 through 12/2000). Minutes of the City Council Moorpark, California Page 2 November 17, 1999 Mayor Hunter presented the proclamation to Lt. Craig Klein, from the California Highway Patrol, Moorpark Substation Office. C. City Manager's Report. Mr. Kueny introduced Don Reynolds, Administrative Services Manager, who gave a report on Administrative Services accomplishments, including emergency management preparations. D. Consider Nomination and Selection of Mayor Pro Tem. Ms. Traffenstedt gave the staff report. MOTION: Councilmember Evans moved and Councilmember Rodgers seconded a motion to nominate Councilmember Wozniak as Mayor Pro Tem. Mayor Hunter questioned whether the nomination of Councilmember Wozniak was consistent with the past selection practice and asked if Councilmember Harper should be selected based on the prior rotation of the appointment. Councilmember Harper stated that Councilmember Wozniak's nomination was acceptable. The motion carried by unanimous voice vote. 6. PUBLIC COMMENT: Gerald Goldstein, 11932 Los Angeles Avenue, spoke about police activities. Kevin Randolph, 11808 Bergamo Court, representing the Teen Council, discussed activities and events that the Teen Council had sponsored, participated in, and were planning. Ronald White, 4494 Summer Glen Court, discussed the development plan for Arroyo Vista Community Park, and asked that the concerns of the adjacent homeowners be acknowledged. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2.9, Items to be withdrawn from the Consent Calendar shall be identified at this time.) Minutes of the City Council Moorpark, California Page 3 November 17, 1999 Councilmember Evans stated that he would be requesting that Item 11.C. be pulled from the Consent Calendar. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Hunter announced that a survey had been mailed to everyone in the City two weeks ago regarding current and future cable television services, and he requested that residents and business owners complete the survey and mail it back to the City by November 19. 9. PUBLIC HEARINGS: A. Consider the Tax Equity Fiscal Responsibility Act ( TEFRA) Hearing Related to the Villa Del Arroyo Mobilehome Park. (Continued open Public Hearing from November 3, 1999.) Staff Recommendations: (1) Take testimony from the public; (2) Close the public hearing; and (3) Approve a motion that the TEFRA requirement of the IRS has been met and public comments have been duly recorded. Mr. Nowak gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no public speakers. Mayor Hunter closed the public hearing. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to find that the TEFRA requirement of the IRS has been met and public comments have been duly recorded. The motion carried by unanimous voice vote. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider the Requirement for Reciprocal Access through Mission Bell Plaza to Liberty Bell by Westgate Plaza (Parcel Map 5056 and CPD 96 -2) . (Continued from October 6, 1999.) Staff Recommendation: Direct staff to initiate a Modification to Parcel Map 5056 to remove Condition No. 59 and Condition No. 113 respectively, which required a reciprocal access agreement, and authorize the Director of Community Development to approve the modification. Mr. Nowak gave the staff report. Councilmember Harper stated that he would support the staff recommendation due to the lack of cooperation of the adjacent property owner to provide reciprocal access. Minutes of the City Council Moorpark, California Page 4 November 17, 1999 Mayor Hunter stated that the Westgate Plaza applicant had done everything feasible to try to obtain the access. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to authorize the Director of Community Development to approve a Modification to Parcel Map No. 5056 to remove Conditions Nos. 59 and 113. The motion carried by unanimous voice vote. B. Consider Lease Agreement with Southern California Edison for Unimproved Road at Arroyo Vista Community Park. (Continued from October 20, 1999.) Staff Recommendations: Approve the proposed Lease Agreement with Southern California Edison as outlined in the Agenda Report, subject to final language approval by the City Manager and City Attorney, and authorize the Mayor to sign on behalf of the City. Mr. Kueny gave the staff report. In response to Mayor Hunter, Mr. Kueny discussed the term of the agreement and stated that six to twelve months would give Southern California Edison time to explore construction of a road on their own property. In response to Councilmember Evans, Mr. Kueny stated that the road on Edison's property might be north of the road on City property. He also stated that no parking of nursery related trucks would be allowed on City residential streets and that the tenant would take access from Tierra Rejada Road. Rudy Gonzales, 3589 Foothill Drive, Thousand Oaks, representing Southern California Edison, stated that he had not yet had the opportunity to read the full agreement. He also stated that he agreed with the points outlined in the staff report. Andy Harpster, 1054 Via Pacifica, Santa Paula, stated that he was a retired Edison employee and was representing Performance Nursery. He asked for a clarification to the agreement regarding allowing trucks to cross Williams Ranch Road to access both parts of the nursery. He also stated that Performance Nursery should be allowed to be open on Saturday. In response to Mayor Hunter, Mr. Harpster stated that the request was to be allowed to have trucks cross Williams Minutes of the City Council Moorpark, California Page 5 November 17, 1999 Ranch Road to access the sections of the nursery on both sides of the road. Luis Rosales, 4494 Vistameadow Court, stated that he is asking for the rules of the City to be enforced and does not want to put the nursery out of business. He expressed concern with truck use of the dirt access road that traversed a portion of Arroyo Vista Park. He also expressed concern with trucks parking on Williams Ranch Road. Mabyn Morgan, 4486 Sunsetmeadow Court, stated that she lives near the Performance Nursery location. She also stated that Performance Nursery has no other access except for a road across the Arroyo Simi, that the restrictions on hours of operation are not reasonable, that the City should come up with a better idea than what is proposed, and that there should be a citizens panel to look at the situation. In response to Mayor Hunter, Mr. Kueny stated that access through the Park is not acceptable and that the legal access was from Beltramo Road, across the Arroyo Simi. Kathy Brown, 12808 Williams Ranch Road, expressed concern with impacts from the nursery operations and stated that dust control problems need to be addressed. Joe Ahearn, 484 East Los Angeles Avenue, stated that the restrictions on hours of operation and prohibition on Saturday operations are overly restrictive. Ms. Traffenstedt stated that a written statement card had been received from Julie Bodjanac, which included as an attachment a petition signed by Moorpark residents in support of Performance Nursery. Mr. Kueny stated as clarification that hours of operation for the nursery were not proposed to be restricted. The restriction would be on the use of the access road on City property. In response to Mayor Hunter, Mr. Gonzales confirmed that there was legal access across the Arroyo Simi from Beltramo Road and that the access was viable during the non -rainy season. In response to Mayor Hunter, Mr. Kueny stated that the City would want a surety to cover deterioration of the Minutes of the City Council Moorpark, California Page 6 November 17, 1999 City street from truck use. He also stated that the proposed lease agreement would not restrict nursery trucks from crossing Williams Ranch Road to access the nursery on both sides of the road. Mayor Hunter asked for Council comments regarding use of Williams Ranch Road and Mesa Verde Drive as entry points. He stated that he was concerned that the roads could deteriorate. Councilmember Harper stated that when the residents adjacent to the Edison easement had purchased their homes they did not expect that type of truck use, and that he would prefer access from Tierra Rejada Road. In response to Mayor Hunter, Mr. Tom Lucas, 12777 Williams Ranch Road, representing Performance Nursery, stated that access across the Arroyo Simi is difficult. He also stated that he could keep his company's trucks off of the residential streets, but that customers might use them. Mayor Hunter stated that the City could not hold Performance Nursery accountable for all customer and subcontractor trucks, but that Performance Nursery trucks should not use the residential streets. Councilmember Wozniak stated that he concurs with the staff recommendation and that restricting ingress and egress is appropriate. Mayor Hunter asked for Council comments on hours of operation for the access road. Mr. Lucas stated his preference was 7:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 5:00 p.m. on Saturday. Councilmember Rodgers stated that the Tierra Rejada Road and Beltramo Road access were both available. Councilmember Harper questioned whether the materials for delivery could be moved the night before to avoid any problem with the restriction on use of the access road on City property on Saturday. Mayor Hunter stated that the nursery could continue operating without any new restrictions on hours, and that Minutes of the City Council Moorpark, California Page 7 November 17, 1999 the hours of operation restrictions would only apply to the access road on the City's property. In response to Mayor Hunter, Mr. Lucas stated that he felt allowing use of the access road to commence at 7:00 a.m. was an acceptable compromise, but that he would prefer that the evening time period be extended. Councilmember Rodgers stated that she was willing to consider a compromise. In response to Councilmember Evans, Mr. Kueny stated that the original nursery had a different operator and was located north of Williams Ranch Road to approximately Mesa Verde Drive. In response to Councilmember Evans, Mr. Lucas discussed the size of the nursery over time and that the overall increase was from approximately 6 to 50 acres. Councilmember Harper stated that he concurred with the staff recommendation for hours of operation on the road. Mayor Hunter stated that he also agreed with the staff recommendation, especially since there was the Beltramo Road access. Councilmember Wozniak stated that he concurred with the time restriction and that Mr. Lucas could come back to the Council if the hours do not work. Councilmember Harper stated that he prefers no Saturday hours of operation for use of the dirt access road, due to the existing noise from Arroyo Vista Community Park. Mayor Hunter asked if there was Council consensus on hours of operation restrictions for the access road to be 8:00 a.m. to 5:00 p.m., Monday through Friday, with no use of the road on Saturdays, Sundays, and City holidays. CONSENSUS: By consensus, the Council determined to restrict hours of operation for the access road in Arroyo Vista Community Park to be 8:00 a.m. to 5:00 p.m., Monday through Friday, with no use of the road on Saturdays, Sundays, and City holidays. In response to Mayor Hunter, Mr. Kueny stated that private contractors operate most of the trucks accessing the nursery, and that staff determined that it would be Minutes of the City Council Moorpark, California Page 8 November 17, 1999 preferred for the City to have a lease agreement with Southern California Edison. In response to Councilmember Evans, Mr. Kueny stated that the Community Services Department would monitor the lease and can request assistance from Code Enforcement if needed. Mayor Hunter stated that the City wants to see Performance Nursery thrive, but that the Council must impose reasonable restrictions. In response to Mayor Hunter, Mr. Gonzales stated that Edison would enforce the terms of the lease agreement. Mayor Hunter suggested December 1, 1999, as the first date of enforcement. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to approve the proposed Lease Agreement with Southern California Edison, as amended for limitations on hours of operations for the access road, subject to final language approval by the City Manager and City Attorney, and authorized the Mayor to sign on behalf of the City. The motion carried by unanimous voice vote. C. Consider Resolution No. 99 -1678 Rescinding Resolution No. 98 -1560, Updating Solid Waste Collection Fees. Staff Recommendations: 1) Approve the annual solid waste fee adjustment with the City of Moorpark Franchise Haulers as show in Attachment "A"; and 2) Adopt Resolution No. 99- 1678, Rescinding Resolution No. 98 -1560, approving new 2000 Solid Waste Collection Fees, and updating Exhibit G of the Franchise Agreements, effective January 1, 2000. (ROLL CALL VOTE REQUIRED.) Mr. Brand gave the staff report. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to: 1) Approve the annual solid waste fee adjustment with the City of Moorpark Franchise Haulers as show in Attachment "A"; and 2) Adopt Resolution No. 99 -1678, Rescinding Resolution No. 98 -1560, approving new 2000 Solid Waste Collection Fees, and updating Exhibit G of the Franchise Agreements, effective January 1, 2000. The motion carried by unanimous roll call vote. Minutes of the City Council Moorpark, California Page 9 November 17, 1999 D. Status of the City's Year 2000 Preparedness. Staff Recommendation: Receive and file the report. Mr. Reynolds gave the staff report. Councilmember Evans asked that key staff provide phone numbers of where they can be reached on New Year's Eve. CONSENSUS: By consensus, the Council determined to receive and file the report. E. Consider Bids for the Poindexter Avenue Widening Project. Staff Recommendation: 1) Adopt Resolution No. 99 -1679 approving an amendment to the FY 1999/00 Budget by increasing the appropriation and budget for the subject project from $240,000 to $336,000 ($96,000 increase); 2) Award a contract to Nye & Nelson, Inc. in the amount of $271,682.05 for the construction of the subject project; 3) Approve a contingency for the project in the amount of $28,318 [10 % +] and authorize the City Manager to approve additional work, if required, for a cost not to exceed said contingency; and 4) Authorize the City Manager to sign necessary contract documents. (ROLL CALL VOTE REQUIRED.) Mr. Mathews gave the staff report. In response to Mayor Hunter, Mr. Kueny stated that right - of -way acquisition would be part of the construction project. He also stated that for City projects staff does scrutinize and award to a responsible bidder to the best of our ability and that this contractor has previously performed satisfactorily. In response to Councilmember Evans, Mr. Kueny stated that the City cannot do the same screening as a private company, and that if a low bidder has the appropriate licenses, insurance and performance bond, that is primarily the extent of what can be checked. Mayor Hunter requested that staff provide further information to the Council, as a box item memorandum, as to what type of limitations are placed on the City with regard to checking the qualifications of a low bidder. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to: 1) Adopt Resolution No. 99 -1679 approving an amendment to the FY 1999/00 Budget by increasing the appropriation and budget for the subject project from Minutes of the City Council Moorpark, California Page 10 November 17, 1999 '-' $240,000 to $336,000 ($96,000 increase); 2) Award a contract to Nye & Nelson, Inc. in the amount of $271,682.05 for the construction of the subject project; 3) Approve a contingency for the project in the amount of $28,318 [10 % +] and authorize the City Manager to approve additional work, if required, for a cost not to exceed said contingency; and 4) Authorize the City Manager to sign necessary contract documents. The motion carried by unanimous roll call vote. 11. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to approve the Consent Calendar with the exception of Item 11.C. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Adjourned Meetinq of June 23, 1999. Consider Approval of Minutes of Special Meeting of June 23, 1999. Consider Approval of Minutes of Special Meeting of June 23, 1999. Consider Approval of Minutes of Special Meeting of September 2, 1999. Consider Approval of Minutes of Special Meeting of September 29, 1999. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register - November 17, 1999. Fiscal Year 1999/00 Manual Warrants 100933 & 100943 $ 19,245.56 Voided Warrants 100823 & 100906 & $ 0.00 100908 & 101004 Regular Warrants 100945 - 101030 V $478,447.89 Staff Recommendation: Approve the Warrant Register. Minutes of the City Council Moorpark, California Page 11 November 17, 1999 D. Consider a Cooperative Agreement With the State Department of Health Services and Agencies Applying Pesticides for Public Health Purposes. Staff Recommendation: 1) Approve the Cooperative Agreement with the State Department of Health Services and agencies applying pesticides for public health purposes; and 2) Authorize the Mayor and staff to execute the Agreement. E. Consider Notice of Completion for the 1999 Asphalt Overlay Project. Staff Recommendations: 1) Accept the work as completed; 2) Instruct the City Clerk to file the Notice of Completion for the project; and 3) Authorize the release of the retention upon satisfactory clearance of the thirty -five (35) day lien period. The following item was pulled from the Consent Calendar for individual consideration: C. Consider Approval of an Increase to the Amount of the Construction Contingency for the Spring Road Bridge Reconstruction Project, and the Adoption of Resolution No. 99- Amending the Budget to Fund that Increase. Staff Recommendations: 1) Approve a change to the construction contingency for the subject project from ten percent (10 %) of the bid price [$235,242] to twenty -five (25 %) of the bid price [$588,105]; and 2) Adopt Resolution No. 99- amending the budget appropriation and amount for the subject project and approving an increase to an inter -fund loan from the Los Angeles Avenue AOC to the Spring Road /Tierra Rejada Road AOC for said project. (ROLL CALL VOTE REQUIRED.) Councilmember Evans stated his opposition to allocating additional taxpayer funds due to contractor performance concerns. Mr. Kueny stated that staff was following the requirements of State law for the construction contingency. Mayor Hunter recommended a continuance to December 1, 1999. CONSENSUS: By consensus, the Council determined to continue the Item to the Council's December 1, 1999, regular meeting. Minutes of the City Council Moorpark, California Page 12 November 17, 1999 12. ORDINANCES: A. An Ordinance of the City Council of the City of Moorpark, California, Amending Title 17, Zoning, of the Municipal Code by Adding Chapter 17.30 to Provide Regulations Pertaining to Lighting for Development Projects Within all Zoning Designations Within the City of Moorpark. Staff Recommendation: Declare Ordinance No. 266 read for the second time and adopted as read. Ms. Traffenstedt read the title for Ordinance No. 266. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to waive further reading for Ordinance No. 266 and read the ordinance title only. The motion carried by unanimous voice vote. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to declare Ordinance No. 266 read for the second time and adopted as read. The motion carried by unanimous voice vote. 13. CLOSED SESSION: None was held. 14. ADJOURNMENT: Mayor Hunter adjourned the meeting at 8:28 p.m. ATTEST: