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HomeMy WebLinkAboutMIN 1992 1216 CC REGMINUTES OF THE CITY COUNCIL Moorpark Community Center December 16, 1992 A Regular Meeting of the City Council of the City of Moorpark was held on December 16, 1992 in the Council Chambers of said City at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Lawrason called the meeting to order at 7:17 p.m. 2. PLEDGE OF ALLEGIANCE: Richard Hare led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Hunter, Montgomery, Perez, Wozniak and Mayor Lawrason Steven Kueny, City Manager; Cheryl Kane, City Attorney; Dirk Lovett, Assistant City Engineer; Lieutenant Dean, Sheriff's Department; Ken Gilbert, Director of Public Works; Christine Adams, Director of Community Services; Mary Lindley, Assistant to the City Manager; Jill Rubin, Management Analyst; Don Reynolds, Administrative Services Manager; Jim Aguilera, Director of Community Development; Charles Abbott, City Engineer; Paul Porter, Senior Planner; Deborah Traffenstedt, Senior Planner; Lillian Hare, City Clerk; Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Mayor Lawrason presented a plaque to Ginger Gherardi and thanked her for her efforts on the MetroLink project. B. The Flory Chorale performed Christmas music. 5. REORDERING OF AND ADDITIONS TO THE AGENDA: Councilmember Perez requested that consideration of a one -time exception to Resolution 88 -523 for DP -318, Kavlico, be added to the agenda, the need for action having arisen after the posting of the agenda. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to add Consideration of a One -Time Exception to Resolution 88 -523 for DP -318 ( Kavlico) be added to the agenda, the need for action having arisen after the posting of the agenda. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 2 6. PUBLIC COMMENT: December 16, 1992 Kenneth D. Sherman, 15460 Dracena Avenue, spoke regarding the traffic signal at Condor Avenue. He said the timing of the lights needs to be better coordinated with the flow of traffic through this area. Mayor Lawrason responded to Mr. Sherman that this is a temporary situation and that CalTrans is the responsible agency for correcting it. He indicated that City staff will make CalTrans aware of the situation. Carolyn Schrimpf, 530 Moorpark Avenue, spoke as a representative of the Moorpark Chamber of Commerce. She presented the Moorpark Business Directory to the City Councilmembers and thanked the sixteen student interns from Moorpark High School who helped assemble the directory and deliver it to the homes in Moorpark. Mark McQueen, 181 Wicks Road, spoke regarding the Conditional Certificate of Compliance application which he has pending with the City. He requested an extension of the December 10, 1992 deadline requiring that he show ownership of the parcel of land to the City. CONSENSUS: By consensus, the Council concurred to extend this deadline. Mr. Kueny indicated that at the time Mr. McQueen is able to show proof of ownership the City will proceed with processing the Certificate of Compliance. Debi Ulis -Judd, 4047 N. Cedarpine, spoke as a resident of the North View tract. She cautioned the City Council that becoming involved in the matter of the fireplace chimney violations is not in the City's best interest as it is a situation that should be settled between the homeowners and the contractor, Pardee Construction. David Ghirardelli, 2659 Townsgate, Westlake Village, spoke representing Ventura Pacific Capital. He provided a status report regarding the construction of K -Mart and requested that Item 8.G. be pulled from the Consent Calendar for individual consideration. He added that with regard to ll.G., he agreed with the staff recommendation and had nothing to add. Ruth Farabaugh, 13543 E. Cedarpine, spoke as a resident of the North View tract. She urged the Council to lend their support to the homeowners and get involved in correcting the faulty fireplace construction. Minutes of the City Council Moorpark, California Page 3 7. 8. December 16, 1992 Susan Elias, 13660 Shady Knoll Court, spoke as a homeowner in the North View tract. She said she believes the City should be involved with trying to resolve the fireplace issue. She also said that Pardee Construction should be made to pull the permits for any corrections to be made so they will be held responsible for the modifications. In response to Councilmember Montgomery, Charles Abbott said it is difficult to require Pardee to be the contractor who pulls the permits when a subcontractor of their choosing is qualified and licensed to do the work. There is nothing in the code to prevent the subcontractor from pulling the permits. Councilmember Montgomery requested that this item be agendized for the January 6, 1993 meeting. COMMITTEE REPORTS: None. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to pull items 8.C., 8.D., 8.F., 8.G., and 8.N. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Minutes of the Regular City Council Meeting of November 18, 1992. Consider Minutes of the Special City Council Meeting of November 18, 1992. Staff Recommendation: Approve the minutes as processed. B. Warrant Register FY 1992/93 Manual Warrants 18917, 18918, 19010 -19021 $ 38,738.52 Regular Warrants 19024 - 19117 $393,845.56 E. Consider Award of Contract for the Placement of Irriaation Crossover Pipes and the Construction of Minor Asphalt Repairs at Various Locations. Staff Recommendation: 1) Award a contract for the subject construction to J &H Engineering for the bid amount of $431401; 2) approve a ten percent contingency for the project; and 3) authorize the Mayor to sign necessary contract documents. Minutes of the City Council Moorpark, California Page 4 December 16, 1992 H. Receive Notice of City Manager Approved Contract with the Bank of A. Levy for Business Express /PC Service. Staff Recommendation: Receive and file the report. I. Consider Rejection of Claim of Gonzalo Cisneros. Staff Recommendation: Reject claim and authorize City Clerk to notify claimant. J. City Manager Approved Contract: CDBG Funded Legal Services with Channel Counties Legal Services. Staff Recommendation: Receive and file the report. K. Consider City Engineer Approval of Lot Line Adjustment 92 -17 Gun Staff Recommendation: Receive and file the report. L. Consider Adoption of Resolution No. 92 -899 Approving a Memorandum of Agreement with the Service Employees International Union, Local 998 for the Period of July 1, 1992 - June 30, 1993. Staff Recommendation: Adopt Resolution No. 92 -899. M. Consider Resolution 92 -900 Establishing the Salaries for Competitive Service, Non Competitive Service, and Hourly Employees; and rescinding Resolution 91 -813. Staff Recommendation: Adopt Resolution 92 -900. O. Consider Agreement for Services with the Moorpark Chamber of Commerce for FY 1992/93. Staff Recommendation: Approve the Agreement and authorize the Mayor to sign. The following items were pulled from the Consent Calendar for individual consideration: C. Consider CPD 89 -2 Minor Mod No. 3 (Ventura Pacific Capital Group) Elevation Modifications and Clarification of Condition of Approval Verbiage Regarding Signage. New Staff Recommendation: Receive and file the report. (Continued Item 8.K. from 10/21/92; Item 8.C. from 11/4/92; Item 8.C. From 11/18/92; Item B.B. from 12/2/92) In response to Councilmember Wozniak, Mr. Aguilera said it was his contention that a monument sign was identified on Park Lane. He said at that time, staff investigated the possibility of a pylon sign. He said after review by the Community Development Committee, the matter was taken before the Planning Commission and as a result of those Planning Commission public workshops regarding signs, pylon signs were not favored. Instead, the workshop group agreed that monument signs were a better alternative. He indicated that Minutes of the City Council Moorpark, California Page 5 December 16, 1992 staff would prefer not to have pylon signs at all, but nevertheless was recommending the approval of the sign on Park Lane, which does not seem to create any more clutter in that area. Councilmember Montgomery indicated that he did not have elevations in his report. After the elevations were shown on the video monitor, Councilmember Montgomery indicated he would support having the tower remain on the architecture. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to receive and file the report with a note to staff that Council may want to visit the signage issue again. The motion carried by unanimous voice vote. Councilmember Montgomery said staff should come back with a presentation from Mr. Ghirardelli at the first meeting in January on the sign issue. D. Consider Approval of an Increase to the Hourly Rates for Engineering Services. Staff Recommendation: Approval of the following changes to the Agreement for Engineering Services: 1) Approve a 3.1% increase in the rates for Engineering Services; 2) Amend Section I -D as it pertains to Lot Line Adjustments; and, 3) Amend Exhibit "B" by adding the position of Associate Civil Engineer. Mr. Kueny indicated that the Council had received an amendment to the report. He also said that Item 2 on page 3 under discussion (e) should read "this paragraph provides for payment of 50% of the fee deposit for such an application to the City Engineer with 50% going to offset City Planning costs ". MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the staff recommendation to approve a 3.1% increase in the rates for Engineering Services; to approve a new Exhibit B to the agreement which adds the position of Associate Civil Engineer; and to approve the changes relating to payment for services related to the processing of Lot Line Adjustments as found in the staff report 'dated 12/16/92 and amended by the City Manager this evening. The motion carried by unanimous voice vote. F. Consider Report from the Ventura County Transportation Commission regarding the National Highway System (NHS). Staff Recommendation: Receive and file the report. Minutes of the City Council Moorpark, California Page 6 go December 16, 1992 In response to Councilmember Wozniak, Mr. Gilbert clarified that this matter was separate and different from ISTEA and is driven more by what is the basic National Highway System. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to receive and file the report. The motion carried by unanimous voice vote. G. Consider New Guidelines for Community Center Fee Waivers and the Inclusion of a Fee Schedule for the New Senior Center. Staff Recommendation: Direct staff as deemed appropriate. Councilmember Montgomery noted that the recommendation "direct staff as deemed appropriate" could not be carried on the Consent Calendar. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to approve the Public Works, Facilities and Solid Waste Committee and staff recommendation to approve the new fee schedule. The motion carried by unanimous voice vote. N. Consider City Manager Approved Contract: Braitman & Associates. Staff Recommendation: Receive and file the report. In response to Councilmember Montgomery, Mr. Kueny indicated this contract was for a single purpose, but does not preclude the City using Mr. Braitman and Associates in the future. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the staff recommendation to receive and file the report. The motion carried by unanimous voice vote. PUBLIC HEARINGS: A. Consider Revisions to the City's Zoning Ordinance. Staff Recommendation: Review the proposed changes and advise staff of any additional changes to the zoning ordinance. (Continued Item 9.A. from 12/2/92). Mr. Aguilera gave the staff report. Mayor Lawrason noted that the public hearing remained open. John Newton, 165 High street, Suite 204, spoke representing General Optics and the Boys and Girls Club. He requested that consideration be given to qualifying the Boys and Girls Club, as a nonprofit organization, in the same class as churches in industrial areas with regard to permits for use. Minutes of the City Council Moorpark, California Page 7 Joy Cummings, 650 signage requirements special event (sale) be displayed for a weeks. In addition, be included that u must be removed. December 16, 1992 Bard Street, spoke regarding in the City. She said banners should be allowed to 30 day period instead of two she said a requirement should nattractive or tattered banners Gerald Goldstein, 11932 Los Angeles Avenue, spoke regarding the enforcement of the Zoning Ordinance. Councilmember Montgomery congratulated Mr. Goldstein on his appointment to the Senior Citizens Advisory Council. Mr. Kueny requested the Council's direction regarding whether Monika's could relocate to the Caren building at the northwest corner of Poindexter and Moorpark Avenues. Mr. Kueny indicated that the City had previously worked out an agreement with Dr. Caren so that the building can continue to be used for industrial purposes even though it is in a commercial zone. A change to the zoning ordinance allowing up to 20% of an industrial building to be used for commercial purposes would allow Monika's to locate at this site. Such language was in the City's previous zoning ordinance. CONSENSUS: By consensus, the Council directed staff to move forward with the language changes to the zoning ordinance, which would allow Monika's to relocate to the Caren building. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to continue this item to an adjourned or special meeting on January 13, 1993; the public hearing to remain open. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, a recess was declared. The time was 9:07 p.m. The Council reconvened into Open Session at 9:25 p.m. B. Consider Adult Entertainment Facilities /Businesses Ordinance No. Staff Recommendation: Open the public hearing and take testimony; determine that this ordinance is exempt from CEQA; introduce Ordinance No. for first reading. Mr. Aguilera requested that this item be continued. Mayor Lawrason opened the public hearing. The City Clerk stated there were no speaker cards for this item. Minutes of the City Council Moorpark, California Page 8 December 16, 1992 Councilmember Wozniak requested an article be distributed to the Council from Western Cities magazine regarding adult entertainment ordinances. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to continue this matter to the meeting of January 6, 1993; the public hearing to remain open. The motion carried by unanimous voice vote. 10. COMMENTS FROM COUNCILMEMBERS Councilmember Perez noted that MetroLink will give a free pass in February if a monthly pass is purchased for January. Councilmembers Wozniak and Perez and Mayor Lawrason all stated the need for books for the Moorpark High School Library. Councilmember Perez commented on the United Way campaign and asked citizens to request their employers to "run" United Way campaigns in their companies if they are not now conducting one. Councilmember Montgomery stated that there was an outdoor decoration contest sponsored by the Moorpark News Mirror and the Moorpark Community Arts Committee. He said nominations are open and applications could be picked up at the Moorpark News Mirror. Councilmember Montgomery said that those persons concerned with the fireplace issue should review a letter from the Director of Community Development to Pardee, and a response letter from Pardee dated December 15, 1992. 11. ACTION /DISCUSSION ITEMS: A. Consider Request from Gerald Bridqeman Concernina LDM 90 -7. New Staff Recommendation: No change to condition but allow applicant to pay for cost of improvements in lieu of construction at this time. (Continued Item 11.A. from 11/18/92; 8.C. from 12/2/92) Mr. Kueny gave the staff report. Gerald Bridgeman, 78 Wicks Road, addressed the Council and urged them to modify the existing conditions to conditions he can afford to meet. He said he has incurred great expense already and is not able to meet the conditions being imposed on him by the City. Councilmember Hunter asked whether action was required on this matter this evening. Minutes of the City Council Moorpark, California Page 9 December 16, 1992 Mr. Kueny responded that there was no immediate time constraint. Mr. Bridgeman said he had no concerns with continuing this item. Mr. Kueny indicated it would be helpful to staff if we had the applicant's engineer's estimate to be reviewed by the City Engineer. In response to Councilmember Montgomery, Mr. Kueny said that in the absence of plans, the City Engineer would be using his best judgment in generating an amount to charge Mr. Bridgeman. MOTION: Councilmember Montgomery moved and Councilmember Hunter seconded a motion to continue this matter to the meeting of January 6, 1993. The motion carried by unanimous voice vote. B. Consider Certification of Sufficiency of Referendum Petition Against Ordinance 153 (Vacancy Control in Mobilehome Parks) and Council Reconsideration of Ordinance 153. Staff Recommendation: 1) Receive and file the City Clerk's report on the sufficiency of the referendum petition; 2) repeal Ordinance 153 or order the submittal of the ordinance to the voters at a special election; 3) if Council orders a special election, adopt Resolution No. 92 -901 Calling and Giving Notice of A Special Election and Requesting the County to Provide Election Services, Resolution No. 92 -902 Authorizing Written Arguments and Directing the City Attorney to Provide an Impartial Analysis, and Resolution No. 92 -903 Authorizing the Filing of Rebuttal Arguments. Ms. Hare gave the staff report. In response to Councilmember Montgomery, Ms. Hare indicated she would check the Election Code for the inclusion of the needed ending to the ballot statement. CONSENSUS: By consensus, the Council determined to table this item while the City Clerk reviewed the Election Code. C. Consider Tuscany Homeowner Association Letter Dated 11/30192. Staff Recommendation: Direct staff as deemed appropriate. Mr. Aguilera gave the staff report on this item relative to the Homeowners Association concerns with UWC Minor Modification Nos. 2 and 3 for PD 1072, Tract 4342. Minutes of the City Council Moorpark, California Page 10 December 16, 1992 Chuck Fuhr, 11708 Pinedale, spoke in opposition to the approval of this action. He said the City Council should reconsider this item before approving it. Gerald Wrout, 11720 Pinedale Road, requested that the permits be stopped for the construction of these smaller homes. Lori Rutter, 11611 Pinedale Road, said the homeowners who purchased homes adjacent to where the smaller homes will be built relied on Urban West Communities to provide them credible information about adjacent properties. She said these homeowners would like the opportunity to respond to representations given by Urban West Communities. Dick Botke, 11792 Pinedale, said he agrees with what has been said this evening and he believes Urban West should be required to comply with the CC &R's. Francie Botke, 11792 Pinedale, said they moved to Moorpark on September 29, 1992. She said after they purchased their home, they were informed that the adjacent new homes are being downsized. She is requesting help from the Council in making Urban West Communities comply with the CC &R's. Larry Gurney, 11619 Pinedale Road, spoke as a Tuscany homeowner. He said purchasers of homes in his tract were led to believe that these were additional models and that they would be intermingled with the larger homes. He said it was not represented to them at all that the homes were being downsized. In response to Council questions, Mr. Aguilera stated that the city is not the enforcing agency for CC &R's. Ms. Kane explained that CC &R's are a private land use regulatory mechanism and that those who buy into that plan are given assurances that the conditions will be enforced. She said the City has required that certain conditions of Tentative Tract Map approval be incorporated into CC &R's and typically there is a provision in the CC &R's that addresses the City's concerns and cannot be amended without the City's approval; however, the City cannot enforce all provisions of the CC &R's. Ms. Kane indicated that enforcement of the CC &R's would require a civil action. Councilmember Perez said it was his recollection that the new smaller homes were an additional option for purchasers into that development and not a replacement for the existing homes. Minutes of the City Council Moorpark, California Page 11 December 16, 1992 In response to Councilmember Perez, Mr. Aguilera said that if in reviewing the record it could be found that the intent of the approval of the minor modification was that the existing models would continue to be an option for buyers then for those models not to be continued it would be a violation of the minor modification. Ms. Kane said it would depend on whether that intention was clearly reflected in the record. Ms. Kane suggested notifying Urban West Communities of the City's concerns and then and if UWC chose to ignore those concerns the City would only prevail in court if the City's intention was clear in the record. Councilmember Montgomery said that this portion of the planned community is different than that which was originally approved. He said the problem is the interface between the Tuscany homeowners and the smaller homes. He said he would like the City to meet with Urban West Communities and ask Urban West Communities to consider the interface that will occur between these two homes (Tuscany and the smaller homes). He said he did not believe these models were replacing the old models. He thought the Council's intent was that the new models were an addition. Mayor Lawrason said his recollection was that this was an additional model, also. CONSENSUS: By consensus, the Council determined to refer this matter to the Community Development Committee; the Committee and a representative from the Homeowners' Association to meet with Urban West Communities early in January regarding concerns with Minor Modification Nos. 2 and 3 (PD 1072, Tract 4342, Tuscany). Councilmember Hunter stated that if we don't receive voluntary compliance from Urban West Communities, we should review the intent of the original minor modification. He requested verification of that intent. The City Clerk indicated the time had arrived for the reordering of the agenda. CONSENSUS: By consensus, the Council determined to waive the rules of procedure and not to reorder the agenda. AT THIS POINT in the meeting, the Council determined to return to consideration of Item 11.B. Minutes of the City Council Moorpark, California Page 12 December 16, 1992 B. Consider Certification of Sufficiency of Referendum Petition Against Ordinance 153 (Vacancy Control in Mobilehome Parks) and Council Reconsideration of Ordinance 153. Staff Recommendation: 1) Receive and file the City Clerk's report on the sufficiency of the referendum petition; 2) repeal Ordinance 153 or order the submittal of the ordinance to the voters at a special election; 3) if Council orders a special election, adopt Resolution No. 92 -901 Calling and Giving Notice of A Special Election and Requesting the County to Provide Election Services, resolution No. 92 -902 Authorizing Written Arguments and Directing the City Attorney to Provide an Impartial Analysis, and Resolution No. 92 -903 Authorizing the Filing of Rebuttal Arguments. Ms. Hare read the ballot measure: Shall Ordinance No. 153, of the City Council of California, Amending the by Revising Subsection relative to Vacancy Rent Parks, Passed by the Effective? entitled: An Ordinance the City of Moorpark, Moorpark Municipal Code C of Section 5.52.040 Control in Mobile Home City Council, Become In response to Councilmember Montgomery, Ms. Hare said the date of the election would be April 13, 1993. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the resolutions. THE MOTION WAS WITHDRAWN WITH THE CONCURRENCE OF THE SECOND. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to receive and file the report on the sufficiency of the Referendum Petition Against Ordinance No. 153. The motion carried by unanimous voice vote. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adopt Resolution No. 92 -901, Calling and Giving Notice of a Special Election and Requesting the County to Provide Election Services. The motion carried by unanimous voice vote. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adopt Resolution No. 92 -902, Authorizing Written Arguments and Directing the City Attorney to Provide an Impartial Analysis. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 13 December 16, 1992 MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adopt Resolution No. 92 -903, Authorizing the Filing of Rebuttal Arguments. The motion carried by unanimous voice vote. Ms. Kane indicated that each of the titles of the resolutions relative to the election should be read by the City Clerk. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to reconsider the motions adopting Resolution Numbers 92 -901, 92 -902, and 92 -903. The motion carried by unanimous voice vote. Ms. Hare read the resolution title for Resolution 92 -901: A Resolution of the City Council of the City of Moorpark, California, Calling and Giving Notice of the Holding of a Special Municipal Election to be Held in the City on Tuesday, April 13, 1993, for the Submission of a Question or Measure to the Qualified Electors of the City, Relating to the Passage of Ordinance No. 153 of Said City, Amending the Moorpark Municipal Code Relative to Vacancy Rent Control in Mobilehome Parks; and Requesting the Board of Supervisors of the County of Ventura to Permit the County Clerk to Render Services to the City of Moorpark for the Special Municipal Election to be Held on April 13, 1993, and to Canvass the returns of the Special Municipal Election. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adopt Resolution No. 92 -901. The motion carried by unanimous voice vote. Ms. Hare read the resolution title for Resolution 92 -902: A Resolution of the City Council of the City of Moorpark, California, Authorizing Certain of its Members to File a Written Argument for Passage of Ordinance No. 153, Amending the Moorpark Municipal Code Relative to Vacancy Rent Control in Mobilehome Parks, to be submitted to the Electors of the City at a Special Election to be held April 13, Minutes of the City Council Moorpark, California Page 14 December 16, 1992 1993; and Directing the City Attorney to Prepare an Impartial Analysis of the Question or Measure. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adopt Resolution No. 92 -902. The motion carried by unanimous voice vote. Ms. Hare read the resolution title for Resolution 92 -903: A Resolution of the City Council of the City of Moorpark, California, Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adopt Resolution No. 92 -903. The motion carried by unanimous voice vote. D. Consider Revisions to the Municipal Code and other Education and Enforcement Options Related to Abatement of residential Overcrowding. Staff Recommendation: Direct staff to prepare a resolution initiating amendment of the Municipal Code pertaining to parking regulations, including parking and storage of recreational vehicles; and to implement the Code Enforcement Action Plan outlined in the staff report. Mr. Aguilera gave the staff report. Councilmember Wozniak requested information regarding the City of Thousand Oaks' ordinance on overcrowding. He asked whether it had been challenged and requested staff to review it. Ms. Kane suggested finding out whether the City of Thousand Oaks has brought an enforcement action relative to the ordinance. She indicated a challenge is likely to come if the City prosecutes for violation of the ordinance. Councilmember Wozniak suggested that staff continue to look at ordinances which deal with controlling overcrowding situations. Mayor Lawrason concurred that staff should continue researching what other communities are doing. Minutes of the City Council Moorpark, California Page 15 December 16, 1992 Mayor Lawrason commented that we need to make sure there is an alternative location for owners to store recreational vehicles. Councilmember Hunter commented about street parking and suggested permit parking as the best solution. He said that way it does not punish those people who are not associated with the problem. Councilmember Perez indicated that sight distance violations, and other concerns, should be addressed before parking permits. Ms. Kane responded that the authority and the extent to which you can control on- street parking comes from the vehicle code. She indicated she would need to look at the vehicle code relative to whether there was a section that allows permit parking. Councilmember Perez indicated that an outreach effort should be maximized in the community including Spanish language newspapers, possibly a taped message in English and Spanish which could be broadcast on the Government channels. He said the Spanish speaking radio stations serve as a good communication tool, also. CONSENSUS: By consensus, the Council determined to direct the implementation of the Code Enforcement Action Plan to investigate and abate overcrowding (Number 8 to be deleted) along with an educational program to include public service announcements; development of a program to increase home ownership in the older residential areas of the City (number 6 on page 8 of the staff report); to develop specific public nuisance language, related to property maintenance, to amend the municipal code; staff to continue to monitor and review the language and enforcement of overcrowding ordinances adopted by other cities; number 2 on page 7 relative to a proposed inspection of all homes prior to occupancy to assure compliance with applicable codes was deleted. CONSENSUS: By consensus, the Council determined that an overcrowding ordinance not be drafted at this time, but that staff continue researching what other cities are drafting and adopting and the resulting legal actions. E. Consider Resolution No. 92 -904 - Residential Refuse Rate Increase Effective January 1, 1993. Staff Recommendation: Approve residential refuse rate increase of $.40 effective January 1, 1993 and adopt Resolution No. 92 -904. Minutes of the City Council Moorpark, California Page 16 Ms. Lindley gave the staff report. December 16, 1992 In response to Mayor Lawrason, Ms. Lindley said the City of Simi Valley just passed the same rate as is proposed in this resolution. Gerald Goldstein, 11932 Los Angeles Avenue, addressed the Council speaking against the increased rate. MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to adopt Resolution No. 92 -904, approving the residential refuse rate increase of $.40 to be effective January 1, 1993. The motion carried by unanimous voice vote. F. Consider Review of Implementation of Council Rules of Procedure Regarding Public Speakers. Staff Recommendation: Direct staff as deemed appropriate. Ms. Hare deferred the staff report saying that should the Council determine to continue with the Rules of Procedure as now constituted, no action was required. CONSENSUS: By consensus, the Council determined to continue with the Rules of Procedure as now constituted. G. Consider Request by Ventura Pacific Capital (Tract 4757 -1) to Allow Building Permit Issuance Prior to Map Recordation. Staff Recommendation: Direct staff to allow building permit issuance but no occupancy prior to map recordation. Dave Ghirardelli, 2659 Townsgate Road, Westlake Village, addressed the Council, indicating his support of the staff recommendation. Barbara Shultz, 116 Sierra Avenue, addressed the Council expressing her concern with drainage and lights from the project if a retaining wall is not built. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the staff recommendation to allow the Community Development Department staff to proceed with the issuance of a zoning clearance for the proposed K -Mart building only, upon completion of all other relevant conditions; further, to allow the Building and Safety Department staff to issue a building permit upon receipt of a zoning clearance and payment of all fees for the K -Mart building only; further, to stipulate that occupancy of the building will not occur unless the map is either recorded or formally abandoned. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 17 December 16, 1992 H. Consider and Provide Comment Regarding the Draft Legislation for the Creation of the Ventura County Waste Management Authority. Staff Recommendation: Discuss and provide comments regarding the draft legislation for the creation of the Ventura County Waste Management Authority and authorize the Mayor to transmit the Council's comments by way of a letter to VCWC. CONSENSUS: By consensus, the Council determined to continue Item 11.H. until the regularly scheduled meeting of January 6, 1993. 12. ORDINANCES: A. Consider an Ordinance Amending Ordinance 134 and Extending the Date of Completion for the Rebuild of the Cable Television System Serving the City Owned and Operated by the Chronicle Publishing Company Serving the City of Moorpark. (Continued Item 12.C. from 12/2/92) New Staff Recommendation: Continue to January 6, 1993. CONSENSUS: By consensus, the Council determined to continue Item 12.A. until the meeting of January 6, 1993. AT THIS POINT in the meeting, the Council adjourned to Closed Session. The time was 12:35 a.m. 13. FUTURE AGENDA ITEMS: None. 14. CLOSED SESSION: MOTION: Councilmember Montgomery moved and Councilmember Hunter seconded a motion to adjourn to Closed Session for 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 Ventura County Community College District Case No. 107569 vs. City of Moorpark. Minutes of the City Council Moorpark, California Page 18 December 16, 1992 E. Negotiations for Real Property at 280 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54956.8. F. Litigation concerning Conejo Freeway Properties, LTD. vs. City of Moorpark. G. Litigation concerning City of Moorpark vs. Southern California Edison, et al. H. Litigation concerning Moorpark vs. Fedelety Corporation. I. Litigation concerning City of Moorpark vs. Foster Enterprises. J. Litigation concerning City of Moorpark vs. S &K Ranch, Inc. K. Litigation concerning Moorpark vs. CalTrans (Case No. 123655) L. Litigation concerning Villa del Arroyo vs. City of Moorpark (Case No. 105170) The motion carried by unanimous voice vote. Present in Closed Session were all Councilmembers, Steven Kueny, City Manager; Cheryl Kane, City Attorney; and Richard Hare, Deputy City Manager. The meeting reconvened into Open Session at 12:57 a.m. Mr. Kueny reported that during Closed Session the Council authorized the Mayor to sign a settlement agreement with Camrosa Water District relative to the Tierra Rejada Road Widening matter, upon acceptance of the Settlement Agreement by the Camrosa Board. He stated there was no other action to report out of Closed Session and only items 14.D., 14.G., and 14.K. had been discussed. 11.I. Consideration of One -Time Exception to Resolution 88 -523 for DP -318 (Kavlico). After Council discussion, the following consensus action was taken: CONSENSUS: By consensus, the Council determined to place this item on the City Council agenda of January 6, 1993; to communicate to Mr. Kaveli that final conclusion of this item could be expected in early February whether the City Council or the Planning Commission made the final decision. Minutes of the City Council Moorpark, California Page 19 December 16, 1992 15. ADJOURNMENT: MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to adjourn the meeting. The motion carried by unanimous voice vote. The time was 1:20 a.mm Paul W. Lawrason Jr., ayor ATTEST: illian E. Hare, City Cler V".%~`'