HomeMy WebLinkAboutAGENDA REPORT 1991 0320 CC REG ITEM 08A MINUTES OF THE CITY COUNCIL
Moorpark, California February 20, 1991
A Regular Meeting of the City Council of the City of Moorpark was
held on February 20, 1991 in the Council Chambers of said City
located at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Lawrason called the meeting to order at 7: 17 p.m.
A moment of silence was observed for those serving in the
Persian Gulf war and as a remembrance for David
Tomlinson, a City employee who died in an accident at the
Santa Paula Airport last week.
2 . PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Richard Hare.
3 . ROLL CALL:
Present: Councilmembers Perez, Wozniak, and Mayor
Lawrason.
Absent: Councilmember Montgomery.
Steven Kueny, City Manager; Richard Hare,
Deputy City Manager; Cheryl Kane, City
Attorney; Pat Richards, Director of
Community Development; Lt. Rodriguez,
Sheriff's Department; Ken Gilbert,
Director of Public Works; Susan
Cauldwell, Assistant to the City Manager;
Phil Newhouse, Director of Community
Services; Carolyn Greene, Management
Analyst; John Knipe, City Engineer; Don
Reynolds, Management Analyst; Lillian
Kellerman, City Clerk; Dorothy Vandaveer,
Deputy City Clerk.
4 . PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS:
A. Introduction of Accounting and Administrative
Services personnel Teresa Jones, Roselee Teel,
Theresa Dillon.
Richard Hare introduced Teresa Jones, Roselee Teel,
Theresa Dillon, who were all in attendance.
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Moorpark, California Page 2 February 20, 1991
B. Proclamation in support of Crop Walk Day (March 3,
1991) .
Mayor Lawrason presented the proclamation to
Reverend Dilg of the Moorpark United Methodist
Church.
5. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
MOTION: Mayor Lawrason moved and Councilmember Perez
seconded a motion to add as item 11.E. consideration of
sending a letter of support for AB241 (McClintock)
regarding a Moorpark seat on the Santa Monica Mountains
Conservancy Advisory Committee, need for action having
arisen since the posting of the agenda. The motion
carried by voice vote, 3-0, Councilmember Montgomery
absent.
MOTION: Councilmember Perez moved and Councilmember
Wozniak seconded a motion to add as item 11.F.
consideration of a contract for electrical services with
Simi Valley Electric for the City Hall portable office
trailer, the bids having been received and the need for
action having arisen after the posting of the agenda.
The motion carried by voice vote, 3-0, Councilmember
Montgomery absent.
6. PUBLIC COMMENT:
Joe Latunski, 289 Casey Road, spoke on behalf of the
Senior Citizens. He invited the City Council and the
public to attend the Senior Citizens' St. Patrick's Day
Dinner to be held March 17th from 3 : 30 to 7: 30 p.m. He
added that a $5. 00 donation per adult is being requested
by the Seniors.
Ruth Farabaugh, 13543 E. Cedarpine, spoke representing
the North View Homeowners Association. She requested
that Building and Safety write a letter to Pardee
Construction letting them know what standards must be met
for the shrouds in Tract 2865 (Pardee) .
Mr. Kueny indicated that the City will follow up and
write a letter to Pardee Construction notifying them that
there is an approved shroud.
Brenda Chiari, 14738 Loyola, expressed concerns about the
safety of children who live in her neighborhood and play
close to the street. She requested that City officials
review the situation as it may necessitate the placement
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Moorpark, California Page 3
February 20, 1991
of speed bumps and the posting of "children at play"
signs. She also indicated that a dead end sign may need
to be posted in the vicinity of Queens Court and
Marymount where the street dead ends. She said it is
difficult to see at night that this street ends so
abruptly.
Mr. Kueny stated that he recommends that this be placed
on the agenda in two weeks after the new City Engineer
has had a chance to review the situation.
Gary S. Anderson, 11990 Havencrest Street, spoke
regarding the widening of Tierra Rejada Road. He
requested that the City Council not delay in proceeding
with this widening. He indicated that the City has been
fortunate that there have not been more accidents on the
road than already experienced.
Gerry Goldstein, 11932 Los Angeles Avenue, spoke against
the placement of yellow ribbons and flags in the City.
John Dawson, 21300 Victory Blvd, #800, Woodland Hills,
was present representing McDonald's Corporation. He said
he was present to answer questions regarding Item 11.D.
Bill Poleri, 300 Moorpark Avenue, #203, spoke
representing the Moorpark Community Arts Council. He
stated that the MCAC has a nominee to the Ventura County
Arts Advisory Council for the City Council to consider.
Also, he reminded the City Council and the public that
the Moorpark Community Arts Council is sponsoring the
Rocketdyne Jazz Ensemble on Saturday, February 23, 1991
at 8 p.m. Mr. Poleri stated it will be held at the Casey
Road School Site and the admission for adults is $5.00.
Connie Lawrason, 4291 Ambermeadow, spoke regarding the
Support Our Troops Day which is being kicked off on
Saturday, February 23. She indicated that the City has
received 1700 flags and yellow ribbons to be used to
decorate light poles throughout the City in support of
our troops in the Persian Gulf. Mrs. Lawrason said if
anyone wants to volunteer to help put up the ribbons and
flags, they should notify Carolyn Greene at City Hall by
Friday.
Tom Montgomery, 2151 Alessandro Drive, Ventura, was
present to answer questions regarding Item 11.D.
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Moorpark, California Page 4
February 20, 1991
Ethel Sulkis, 270 Sierra Avenue, thanked Eloise Brown for
being instrumental in obtaining the Grant Deed for the
right -of -way needed for the widening of Tierra Rejada
Road.
Doug Frazier, 237 Sierra, thanked Eloise Brown for her
efforts in securing the Grant Deed of the right -of -way
needed for the widening of Tierra Rejada Road. He also
asked the City Council when the traffic light at the
corner of Poindexter and Moorpark Avenues will be
operational.
John Knipe responded that the bids for the traffic signal
project will be opened in the next few days and an award
will be made soon after. The poles and mast -arms have
been received and the controller is ordered. Mr. Knipe
said initiation of the work should begin in mid - April.
Eloise Brown, 13193 Annette Street, spoke regarding the
danger of some storm drains that exist in the City. She
stated that some of the openings are large enough to
present a danger to small children falling into them.
She said some of the specific drains are located in North
View Estates.
Mrs. Brown also indicated that residents with Culligan
water softeners should check them to see if they are
efficiently using water. She said some of them utilize
a constant stream of water and that shut -off valves can
be used to stop the waste of water.
George Greer, 4301 Woodglen Drive, spoke as a Peach Hill
resident. He thanked all persons who are involved in the
widening of Tierra Rejada Road. As a second item, he
indicated that water bills from Waterworks District
No. 1 need to be made clearer so that consumers can more
easily assess water usage amounts.
Mayor Lawrason commented that the City should advise
Waterworks District No. 1 that the public .needs to be
informed how to read their bills and how to determine how
much water they are using. He asked that City staff
contact the water agency with the suggestion.
Frank Jansen, 800 S. Figueroa, Los Angeles, spoke
regarding Item 11.A, The Embassy Group's request for an
additional time extension. He requested that the City
Council grant a four -year time extension for this
project.
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Moorpark, California Page 5
7. COMMITTEE REPORTS:
None.
8. CONSENT CALENDAR (Roll Call Vote):
February 20, 1991
MOTION: Councilmember Perez moved and Councilmember
Wozniak seconded a motion to pull items 8.E., 8.I., and
8.N., and approve the balance of the Consent Calendar.
The motion carried by roll call vote, 3 -0, Councilmember
Montgomery absent.
A. Consider Approval of Minutes of Special Meeting of
City Council of January 23, 1991.
B. Warrant Register
Manual Warrants
Voided Warrants
Warrants
13999 - 14000,
14559 - 14562,
14643 -14656
13816, 14445,
14622, 14628,
14637
14661 -14748
$ 43,246.91
($ 12,051.05)
$170,353.50
C. Consider a Request to Send Planning Commissioners
to the League of California Cities Planning
Commissioners Institute. Staff Recommendation:
Approve the request.
D. Consider Acceptance of 1990 Slurry Seal Project.
Staff Recommendation: Accept work and file Notice
of Completion and release retention.
F. Consider Grant Application for State Household
Hazardous Waste Program. Staff Recommendation:
Approve submittal of attached grant to the
California Integrated Waste Management Board, adopt
Resolution No. 91 -744, and direct City Manager to
sign and forward original documents to Sacramento.
G. Consider Acceptance of LDM -8 (Annotti)
Improvements. Staff Recommendation: Accept LDM -8
as complete and exonerate bonds.
H. Consider Los Angeles Avenue (West) Widening -
Acceptance of Improvements. Staff recommendation:
Accept the project and file a Notice of Completion.
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Moorpark, California Page 6
February 20, 1991
J. Consider City Manager Approved Contract for Soils
Compaction Testing with Tierra Tech. Staff
Recommendation: Receive and file.
K. Clarify Resolutions 91 -737 and 738 Action Relative
to Moorpark Lighting Maintenance Assessment
District No. AD -84 -2 and Parks Maintenance
Assessment District No. AD -85 -1. Staff
Recommendation: Receive and file.
L. Consider PD 966 Minor Modification No. 5 - A
Request to Amend the Approved Sign Program
Regarding the Rib Cage Restaurant. Staff
Recommendation: Receive and file.
M. Consider Approval of Agreement for City Engineering
Services with Charles Abbott Associates, Inc.
Staff Recommendation: Approve agreement and
authorize Mayor to sign on behalf of City.
O. Consider Appointment to Ventura County Arts
Commission Advisory Panel. Staff Recommendation:
Authorize staff to advertise for persons interested
in the appointment.
P. Consider A Report Regarding the Status of Home
Occupation Permits. Staff Recommendation: Direct
staff to return with specific recommendations
regarding a time limitation and proposed fee.
The following items were pulled from the Consent Calendar.
for individual consideration:
E. Consider Retaining A Consultant to Prepare a Master
Drainage Study for Arroyo_ Vista Communitv Park.
Staff Recommendation: Approve selection of Hawks &
Associates to perform drainage study and authorize
the Mayor to sign related contract documents.
In response to Councilmember Perez, Mr. Gilbert
said the study should be completed within one
month.
MOTION: Councilmember Perez moved -and Councilmember
Wozniak seconded a motion to approve the staff
recommendation. The motion carried by voice vote 3 -0,
Councilmember Montgomery absent.
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Moorpark, California Page 7
February 20, 1991
I. Consider Police Department's 1990_ Annual Report.
Staff Recommendation: Receive and file.
Mayor Lawrason went over the statistics presented
in the report and indicated that the motorcycle
officer has had a positive influence on traffic
enforcement in the City.
MOTION: Councilmember Lawrason moved and Councilmember
Wozniak seconded a motion to receive and file the report.
The motion carried by voice vote 3 -0, Councilmember
Montgomery absent.
N. Consider Acceptance of Grant Deed from WattWest
Inc. for Property on Moorpark Road South of Tierra
Rejada Road as Part of Tierra Rejada Road Widening
Pro;iect. Staff Recommendation: Accept Grant Deed
and authorize City Clerk to execute Certificate of
Acceptance and approve February 15, 1991 Letter of
Agreement.
In response to Councilmember Wozniak, Mr. Kueny
said the need for the subject property on tonight's
agenda resulted from the need to obtain an
encroachment permit from the County of Ventura to
complete improvements at the Moorpark Road
intersection with Tierra Rejada Road. Initial
right -of -way discussions with Watt started in 1989.
MOTION: Councilmember Wozniak moved and Mayor Lawrason
seconded a motion to approve the staff recommendation to
accept the Grant Deed and authorize the City Clerk to
execute the Certificate of Acceptance; to approve the
February 15, 1991 Letter of Agreement. The motion
carried by voice vote 3 -0, Councilmember Montgomery
absent.
9. PUBLIC HEARINGS:
A. Consider Re- Appropriation of 1988/89, 1989/90 and
1990/91 Community Development Block Grant funds,
($473,716) to Meet Expenditure Deadlines. Staff
Recommendation: Reappropriate $242,266 for a loan
to the City of Santa Paula. (Continued Item 9.D.
from 2/13/91)
Mayor Lawrason indicated that the public hearing
was still open.
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Moorpark, California Page 8
February 20, 1991
There were no speaker cards presented for this
item.
Mayor Lawrason said that because of a perception of
a conflict of interest because of his relationship
with the Boys and Girls Club as a member of the
Board of Directors, he would abstain from voting.
He indicated that with Councilmember Montgomery
absent he believed the item should be continued to
an adjourned meeting next week.
MOTION: Mayor Lawrason moved and Councilmember Perez
seconded a motion to continue the item to an adjourned
meeting on Monday, February 25, 1991 at 5:30 p.m., the
public hearing to remain open. The motion carried by
voice vote 3 -0, Councilmember Montgomery absent.
10. COMMENTS FROM COUNCIL MEMBERS:
Councilmember Perez stated that the City would benefit
from CITYLINK and that the City should take action to
install the system. Mayor Lawrason concurred.
Councilmember Wozniak spoke concerning a recycling day to
be held at the Community Center on February 23, 1991.
Mayor Lawrason commented on the gang task force which
will be meeting February 28. He indicated that both he
and Councilmember Perez would be attending.
11. ACTION /DISCUSSION ITEMS:
BY CONSENSUS: By consensus the Council determined to
hear item 11.D. prior to the other Action /Discussion
Items.
D. Consider Review of Revised McDonald's Traffic
Study. Staff Recommendation: Direct staff as
deemed appropriate.
John Dawson, 21300 Victory Blvd, #800, Woodland
Hills, representing McDonald's, said they would
like to have their application considered as a
separate action from the current General Plan
Update process with hopes that it will expedite the
process. He said historically it takes cities long
periods of time to complete the General Plan Update
process and the McDonald's Corporation was hoping
to be excluded from what they thought would be a
lengthy process.
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Moorpark, California Page 9
February 20, 1991
Mr. Kueny stated that the General Plan Updated will
be decided before a general plan amendment could be
completed outside the general plan update process.
He recommended receiving and filing the report and
not proceeding with separate processing.
MOTION: Councilmember Perez moved and Councilmember
Wozniak seconded a motion to receive and file the report
and to deny the request for separate processing of a
general plan amendment for this project. The motion
carried by voice vote 3 -0, Councilmember Montgomery
absent.
A. Consider Planned Development Permit Nos. 1062/1063
(The Embassy Group Inc.) Request for an Additional
Time Extension. Staff Recommendation: Grant
conditional six month time extension. (Continued
Item 11.A. from January 23, 1991)
Mr. Kueny said that the Parcel Map that accompanied
the planned development permits was recorded. He
said there is a subdivision agreement in place and
bonds. The original PD's were approved in
September 1987.
MOTION: Mayor Lawrason moved and Councilmember Perez
seconded a motion to deny the request for an additional
time extension. The motion carried by voice vote 3 -0,
Councilmember Montgomery absent.
B. Consider Ordinance to Provide that Written
Contracts may be Signed by the City Manager as an
Officer of the City. Staff Recommendation:
Introduce Ordinance No. 139 for first reading.
In response to Mayor Lawrason, Mr. Kueny clarified
the situations under which the City Manager would
be authorized to execute contracts if the proposed
ordinance were adopted.
Councilmember Perez indicated his support of the
ordinance.
BY CONSENSUS: By consensus the previous minute action of
January 20, 1986 concerning this matter was rescinded.
Ms. Kane read the ordinance title.
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Moorpark, California Page 10
February 20, 1991
MOTION: Councilmember Perez moved and Councilmember
Wozniak seconded a motion to read the ordinance title.
The motion carried by voice vote 3 -0, Councilmember
Montgomery absent.
MOTION: Councilmember Perez moved and Councilmember
Wozniak seconded a motion to waive further reading and
declare Ordinance No. 139 introduced for first reading.
The motion carried by voice vote 3 -0, Councilmember
Montgomery absent.
C. Consider Authorization for Staff to Advertise for
Receipt of Bids for the Construction of Handicap
Ramos at Various Locations (CDBG). Staff
Recommendation: Approve plans and specifications
and authorize staff to advertise.
MOTION: Councilmember Perez moved and Councilmember
Wozniak seconded a motion to continue the item to the
adjourned meeting to be held on Monday, February 25 at
5:30 p.m. The motion carried by voice vote 3 -0,
Councilmember Montgomery absent.
E. Consider a Letter in Support of AB241 (McClintock)
regarding a Moorpark seat on the Santa Monica
Mountains Conservancy Advisory Committee.
Mayor Lawrason said he had been contacted by State
Assemblyman Tom McClintock and told that AB241,
providing a seat on the Santa Monica Mountains
Conservancy Advisory Committee to Moorpark, will go
to committee on Monday. He said that a letter
should be sent to show support for this bill.
MOTION: Councilmember Perez moved and Councilmember
Wozniak seconded a motion to authorize the Mayor to sign
a letter of support for AB241. The motion carried by
voice vote 3 -0, Councilmember Montgomery absent.
F. Consider Agreement for Electrical Service for
Portable Office Trailer at City Hall.
Mr. Kueny said the amount of the contract with Simi
Valley Electric was $11,300 with a $700 contingency
in case the scope of work changes.
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Moorpark, California Page 11
February 20, 1991
MOTION: Councilmember Perez moved and Councilmember
Wozniak seconded a motion to authorize the City Manager
to spend up to $12,000 for installation of electrical
service to the portable office trailer and to authorize
the City Manager to sign and execute all necessary
contracts on behalf of the City for said installation.
The motion carried by voice vote 3 -0, Councilmember
Montgomery absent for the vote.
12. ORDINANCES:
A. Consider Second Reading and Adoption of Ordinance
No. 137 - A Zoning Ordinance Update to be Adopted
as an Interim Measure until after the Land Use and
Circulation Elements of the General Plan have been
Revised.
Ms. Kane read the title of Ordinance No. 137.
MOTION: Councilmember Wozniak moved and Councilmember
Perez seconded a motion to read the ordinance title. The
motion carried by voice vote 3 -0, Councilmember
Montgomery absent.
MOTION: Councilmember Wozniak moved and Councilmember
Perez seconded a motion to waive further reading and
declare Ordinance No. 137 read for the second time and
adopted. The motion carried by voice vote 3 -0,
Councilmember Montgomery absent.
B. Consider Second Reading and Adoption of Ordinance
No. 136 - Rezoning of the Carlsberg Specific Plan
Area from R -E, R -E -1 and RPD 1.6 to C -P -D (SP) M -1
(SP), OS (SP), R -A (SP), RPD lu (SP), RPD 2u (SP),
RPD 3u (SP), and RPD 5u (SP).
Ms. Kane read the title of Ordinance No. 136.
MOTION: Councilmember Wozniak moved and Councilmember
Perez seconded a motion to read the ordinance title. The
motion carried by voice vote 3 -0, Councilmember
Montgomery absent.
MOTION: Councilmember Wozniak moved and Councilmember
Perez seconded a motion to waive further reading and
declare Ordinance No. 136 read for the second time and
adopted. The motion carried by voice vote 3 -0,
Councilmember Montgomery absent.
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Moorpark, California Page 12
February 20, 1991
C. Consider Second Reading and Adoption of Ordinance
No. 138 - An Ordinance adopting the Community
Design Plan and the Development Standards as
described in the Carlsberg Specific Plan as the
Zoning Regulations for said planning area.
Ms. Kane read the title of Ordinance No. 138.
MOTION: Councilmember Wozniak moved and Councilmember
Perez seconded a motion to read the ordinance title. The
motion carried by voice vote 3 -0, Councilmember
Montgomery absent.
MOTION: Councilmember Wozniak moved and Councilmember
Perez seconded a motion to waive further reading and
declare Ordinance No. 138 read for the second time and
adopted. The motion carried by voice vote 3 -0,
Councilmember Montgomery absent.
13. FUTURE AGENDA ITEMS:
Mayor Lawrason asked for a status report on unreinforced
masonry buildings in the city.
14. CLOSED SESSION:
MOTION: Councilmember Perez moved and Councilmember
Wozniak seconded a motion to adjourn to Closed Session
for a discussion of all items listed on the agenda.
A. Personnel.
B. Potential litigation pursuant to Government Code
Section 54956.9(b)(1)
C. Potential litigation pursuant to Government Code
Section 54956.9(c)
D. Litigation concerning City of Moorpark vs. Moorpark
Unified School District.
E. Litigation concerning Moorpark Unified School
District vs. City of Moorpark.
F. Litigation concerning Ventura County Community
College District vs. City of Moorpark.
G. Litigation concerning the County of Ventura vs.
City of Moorpark.
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Moorpark, California Page 13
February 20, 1991
H. Negotiations for Real Property on the North side of
Tierra Rejada Road East of Spring Road (Pacifica
Corp.) pursuant to Government Code Section 54945.8.
I. Litigation concerning the Moorpark Mosquito
Abatement District vs. City of Moorpark.
J. Litigation concerning Colonial Mortgage vs. the
City of Moorpark.
K. Negotiations for Real Property at 289 Casey Road
(Moorpark Unified School District) pursuant to
Government Code Section 54945.8.
L. Negotiations for Real Property on Los Angeles
Avenue (East) pursuant to Government Code Section
54945.8.
M. Litigation concerning City of Moorpark vs. Chuy's
Restaurant.
N. Negotiations for Real Property for three properties
C concerning Avenida Colonia and Nogales Street
Reconstruction project: 1) Simon (APN 513 - 032 -04),
2) Faircloth (APN 513 - 033 -01), and 3)
Ceniceros /Beltran (APN 513 - 024 -06)
O. Negotiation for real property on the south side of
Tierra Rejada Road, east of Spring (Watt).
The motion carried by voice vote 3 -0, Councilmember
Montgomery absent.
AT THIS POINT in the meeting a recess was declared. The
time was 9:00 p.m.
The meeting reconvened into Closed Session at 9:10 p.m.
Present in Closed Session were all Councilmembers but
Councilmember Montgomery; Steven Kueny, City Manager;
Cheryl Kane, City Attorney; and Richard Hare, Deputy City
Manager.
The meeting reconvened into Open Session at 10:05 p.m.
Mr. Kueny stated that there was no action to report out
of Closed Session and only items 14.A., 14.D., 14.E.,
14.F., 14.I., 14. J., 14.K., 14.L., and 14.N. had been
discussed.
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Moorpark, California Page 14
15. ADJOURNMENT:
February 20, 1991
MOTION: Councilmember Wozniak moved and Councilmember
Perez seconded a motion to adjourn to 5:30 p.m. on
Monday, February 25, 1991. The motion carried by voice
vote 3 -0, Councilmember Montgomery absent. The time was
10:06 p.m.
Paul W. Lawrason Jr., Mayor
ATTEST:
Lillian E. Kellerman, City Clerk