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HomeMy WebLinkAboutMIN 1993 0317 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California March 17, 1993 A Regular Meeting of the City Council of the City of Moorpark was held on March 17, 1993 in the Council Chambers of said city located at 799 Moorpark Avenue, Moorpark, CA. 1. CALL TO ORDER: Mayor Lawrason called the meeting to order at 7:30 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Perez led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Hunter, Montgomery, Perez, Wozniak and Mayor Lawrason Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Jim Aguilera, Director of Community Development; Charles Abbott, City Engineer; Lieutenant Dean, Sheriff's Department; Mary Lindley, Assistant to the City Manager; Dirk Lovett, Assistant City Engineer; Chris Adams, Director of Community Services; Ken Gilbert, Public Works Director; Don Reynolds, Administrative Services Manager; Lillian Hare, City Clerk; and Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Proclamation recognizing March 1993 as Women's History Month. Mayor Lawrason read the proclamation and presented it to Connie Lawrason, who accepted it on behalf of the Ventura County Commission for Women. B. Proclamation to celebrate March 22 through 24 as the eighth Annual Daffodil Days (American Cancer Society). Mayor Lawrason read the proclamation. C. Mayor Lawrason recognized Linda Plaks as the 37th Assembly Districts' Woman of the Year. Minutes of the City Council Moorpark, California 2 5. REORDERING OF AND ADDITIONS TO THE AGENDA: March 17, 1993 Councilmember Montgomery requested that the Council add as item ll.I., Consideration of the Urban West Proposal for the Tuscany Tract, information on this item having been received after the posting of the agenda. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to add Consideration of the Urban West Proposal for the Tuscany Tract as item 11. I. , the need for action having arisen after the posting of the agenda. The motion carried by unanimous voice vote. 6. PUBLIC COMMENT: Connie Lawrason, 4291 Ambermeadow Street, provided the report for the CTAC /SSTAC March 9 monthly meeting. She indicated that the possibility of Point Mugu becoming a public airport and the availability of cellular phones on the freeway for the use of the handicapped were both items that were discussed at that meeting. Mrs. Lawrason stated that the hearing for SB821 Funds will be held on April 13, 1993 and that cities that have applied for funds should be present at that meeting. She said there is $303,060 available to be distributed countywide and $644,900 in funds have been requested. Dr. Greg Stone, 31 N. Oak Street, Ventura, spoke representing the Starfire Foundation. He stated that the Starfire Foundation is an organization that leases hotels and provides homes for the homeless. He said they assist these individuals in becoming economically independent. He requested CDBG funds to support their facilities in Ventura and Oxnard. Thomas A. Anderson, 11743 Pinedale Road, spoke as a new resident in the Tuscany homes. He stated that the builder, Urban West Communities, should not be allowed to downgrade the size of the homes as is being proposed. Mayor Lawrason indicated that this item will be discussed later in the meeting. Curran Cummings, 650 Bard Street, thanked the City Council for the improvements that are being made to Charles Street. He inquired as to when the project will be complete. In response to Mr. Cummings, Councilmember Montgomery said the completion of the entire project is contingent upon the Council acquiring the remainder of the funds in the next fiscal year. Minutes of the City Council Moorpark, California 3 March 17, 1993 Susan Elias, 13660 Shady Knoll Court, spoke as a resident of the North view homes. She requested that the fireplace/ chimney issue with Pardee Construction be placed on a future Council agenda so some resolution can be reached. Gerry Goldstein, 11932 Los Angeles Avenue, spoke regarding the maintenance of City vehicles and security in the MetroLink parking lot. He also commented that it is nice to have a new City bus. 7. COMMITTEE REPORTS: Councilmember Wozniak stated that he will provide the Council with a report on the Transportation Policy Planning Committee meeting which he recently attended. Councilmember Montgomery Santa Monica Mountains Conservancy is working on hoped that the program wi] resume the less strenuous monthly meetings. 8. CONSENT CALENDAR: said he attended a meeting of the Conservancy Board and that the a five -year program. He said it is 1 be complete soon and that they can schedule of monthly rather than bi- MOTION: Councilmember Montgomery moved and Councilmember Hunter seconded a motion to pull items 8.F. and 8.K. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Minutes of the Adjourned Regular City Council Meeting of February 10, 1993. Consider Minutes of the Special City Council (Town Halll Meeting of February 20 1993. Staff Recommendation: Approve the minutes as processed. B. Warrant Register FY 1992/93 Manual Warrants 19667 - 19689 $ 43,753.38 Regular Warrants 19697 - 19799 $314,928.14 Minutes of the City Council Moorpark, California 4 March 17, 1993 C. Consider a Request for CPD 89 -1 and -2 Minor Modification No 4 (Carl's Jr - Carl Karcher Enterprises, Inc.) , a Request for Approval to Construct a Drive Through Restaurant with an Outdoor Play Area. Staff Recommendation: Receive and file the report. (Continued Item 8.C. from 3/3/93) D. Consider Budget Amendment to Fund City Participation in Assessment District 92 -1 Improvements. Staff Recommendation: Approve the appropriation of $1.2 million from the Los Angeles AOC fund for City participation in Assessment District 92 -1 improvements. E. Consider Exoneration of Bonds for Tract 2817 (Griffin). Staff Recommendation: Authorize the City Clerk to exonerate the bonds. G. Consider Resolution No. 93 -927 Establishina NO STOPPING ANYTIME Zones on Shakespeare Place Between Collins Drive and Doris Court. Staff Recommendation: Adopt Resolution No. 93 -927 establishing NO STOPPING ANYTIME on Shakespeare Place. H. Consider Authorizina Recordation of Notice of Completion for Arroyo Vista Community Park Grading and Infrastructure Improvements. Staff Recommendation: 1) Accept the work as substantially completed; 2) Authorize the City Clerk to file the Notice of Completion; and, 3) Authorize the release of the retention upon acceptance of the work as complete by the City Manager and clearance of the thirty -five (35) day lien period. I. Consider Minor Modification No. 2 to Remove Performance Bond Requirement (Condition No. 42) for IPD 90 -7 through 13 and 91 -1 through 3 - (Moorpark West). Staff Recommendation: Receive and file the report and direct staff to proceed with appropriate action to replace the condition requiring the Performance Surety Bond with the "public nuisance" condition for all projects with the Performance Surety Bond Requirement. J. Consider Staff Recommendation to Close City Hall on Friday, April 9 at 2:00 P.M. for City Hall Clean -up Day. Staff Recommendation: Authorize the closing of City Hall building at 2 p.m. on Friday, April 9, for cleaning of the facility. Minutes of the City Council Moorpark, California 5 March 17, 1993 L. Consider Resolution No. 93 -928 Supporting the League of California Cities Channel Counties Division's Legislative Action Program for 1993. Staff Recommendation: Adopt Resolution No. 93 -928. M. Consider Authorization_ to Advertise for Receipt of Bids for the 1993 Slurry Seal Project. Staff Recommendation: 1) Approve the plans and specifications; 2) Authorize staff to advertise for receipt of bids for the subject project. The following items were pulled from the Consent Calendar for individual consideration: F. _Consider Resolution No. 93 -926 Establishing NO _STOPPING ANYTIME Zones on Both Sides of Los Angeles _Avenue and Princeton Avenue from Spring Road to Campus Park Drive. Staff Recommendation: Adopt Resolution No. 93- 926 establishing NO STOPPING ANYTIME on both sides of Los Angeles Avenue and Princeton Avenue between Spring Road and Campus Park Drive. Councilmember Wozniak asked staff if this action will contribute to an already overcrowded parking at Kavlico. He said he would like to defer taking action on part of this until staff has contacted Kavlico to see if they will need use of the parking lot across the street. Mr. Kueny indicated that the part of this resolution that affects the side of the street on which Kavlico is located can be implemented in Phase II, after staff has had a chance to contact them to see what their needs will be. He said it is necessary to move ahead with part of this so CalTrans can proceed with their plans. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to adopt Resolution No. 93 -926 establishing NO STOPPING ANYTIME on both sides of Los Angeles Avenue and Princeton Avenue between Spring Road and Campus Park Drive with the exception that the NO STOPPING ANYTIME on Los Angeles Avenue in front of the Kavlico facility will be deferred to Phase II of this program; staff directed to contact Kavlico officials to evaluate the impact of parking at their facility. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California 6 March 17, 1993 K. Consider Recommendations from Parks and Recreation Commission for Implementation of a Fee -Based Summer Day Camp Program at Peach Hill Park. Staff Recommendation: Approve Parks and Recreation Commission recommendation for a summer day camp program at Peach Hill Park operated on self sustaining basis. Councilmember Perez asked if this program will be open to non - residents of Moorpark. In response to Councilmember Perez, Mrs. Adams commented that it will be only offered to Moorpark residents at this time. She clarified that a minimum of 24 participants is needed to make it a success. In addition, she said it has been suggested that the location of the park sites be rotated in the future. Mayor Lawrason commented that the program looks good and that the fees are in line or even less than other programs being offered by other agencies. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve the Parks and Recreation Commission recommendation for a summer day camp program at Peach Hill Park operated on a self sustaining basis. The motion carried by unanimous voice vote. 9. PUBLIC HEARINGS: A. CUP 92 -3, Variance No. 92 -3 - Community Christian Church, Proposal to Use a 20,696 Parcel Containing a 10,980 Square Foot Industrial Building as a Church Facility and a Variance for Approving Additional Off - Street Parking Adiacent to the Proposed Property. Staff Recommendation: Continue this item to 4/7/93. (Continued Item 9.B. from 2/17/93; continued Item 9.A. from 3/3/93) Mr. Aguilera gave the staff report and stated that staff is recommending continuance of this item. He indicated Shiloh Community Church was assuming the CUP and had requested continuance to April 21. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to continue this item to the City Council meeting of April 21, 1993. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California 7 March 17, 1993 B. Consider Ordinance No Rescinding Ordinance Number 154 (McDonald's Corporation Zone Change) and Adopting the Attached Ordinance Designating the Zoning Assessor's Parcel Number 512 -0- 150 -380 (McDonald's Corporation Site) as Commercial Planned Development (CPD). Staff Recommendation: Continue the public hearing to May 5, 1993. Mr. Aguilera stated that continuance of this item to May 5 is recommended so it can be heard by the Planning Commission first. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to continue this item to the City Council meeting of May 5, 1993. The motion carried by unanimous voice vote. 10. COMMENTS FROM COUNCILMEMBERS: A. Consider Appointment of a Council Representative to the East County Transit Study Task Force. NOMINATION: Mayor Lawrason nominated and Councilmember Montgomery seconded the nomination to appoint Councilmember John Wozniak to the East County Transit Study Task Force. The nomination carried by unanimous voice vote. Councilmember Hunter stated that he has received his sample ballot and encouraged the citizens of Moorpark to vote in the Special Election to be held on April 13. Councilmember Montgomery reminded the public that absentee ballots are available if persons are unable to get to the polls on election day. Councilmember Wozniak announced that author, Ray Bradbury, will be speaking at the Moorpark High School on March 18 at 6 p.m. 11. ACTION /DISCUSSION ITEMS: A. Consider Draft Leaislation for the Formation of a Waste Management Authority. Staff Recommendation: Review the draft legislation and direct the Mayor to write a letter to the VCWC expressing the City's support for the Waste Management Authority and commitment to working with the Waste Commission to resolve outstanding language concerns. (Continued Item 11.F. from 3/3/93) Minutes of the City Council Moorpark, California 8 Mary Lindley gave the staff report. March 17, 1993 Councilmember Montgomery provided background relative to this item and stated that there is a concern that with enough votes, the Authority could potentially direct a jurisdiction's waste flow to a particular facility, against the jurisdiction's wishes. He said he thought the language could be revised to eliminate this concern. Mayor Lawrason said he believes there is enough geographical separation for the East Valley Task Force to establish separate flow control. He inquired how the City's liabilities will be affected by this entire situation. In response to Mayor Lawrason, Councilmember Montgomery said the assets and liabilities of the Authority will be based upon east and west county wastesheds. He said the separation of the wastesheds would allow the processing of materials to be channeled to facilities that are more economically feasible. He continued by stating that by buying into this Authority, one of the City's concerns was that Moorpark would be subjected to liabilities that it does not now have. He believes these concerns have been mitigated to his satisfaction. Councilmember Perez asked if it is wise to accept the veto power of one city. Councilmember Montgomery responded by saying that without the support of the cities of Simi Valley and Oxnard, the Authority will not succeed. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion that the Mayor write a letter to the Ventura County Waste Commission expressing the City's support for the Waste Management Authority and the City's commitment to working with the Waste Commission to resolve outstanding language concerns. The motion carried by unanimous voice vote. B. Consider Memorandum of Understandina for Solid Waste Flow Commitment for the Development of a Materials Recovery Facility. Staff Recommendation: Decline City's participation in the MOU and respond in writing to the Waste Commission. (Continued item 11.G. from 3/3/93) Mary Lindley gave the staff report. Minutes of the City Council Moorpark, California 9 March 17, 1993 In response to Councilmember Montgomery, Ms. Lindley clarified that the cities in the western portion of the County are participating in this commitment, but the cities in the eastern portion of the County are not. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to decline the City's participation in the Memorandum of Understanding and to respond in writing to the Waste Commission. The motion carried by unanimous voice vote. C. Consider Submittal of Draft Sphere of Influence Amendment Application to Ventura Local Agency Formation Commission ( LAFCO). Staff Recommendation: direct staff as deemed appropriate. Mr. Aguilera gave the staff report. He indicated that no comments have been received from the public. In response to Mayor Lawrason, Mr. Aguilera stated that the application to LAFCO is complete except for a listing of encumbrances on the property of special taxes (i.e., school bonds, etc.) He continued by saying that to provide a legal description will cost about $5,000 and is approximately a four -day process. Mr. Kueny indicated that, based on new information of which Mr. Aguilera may not be aware, the process for preparation of the legal description will take a approximately two weeks. Mayor Lawrason commented that the concept of submitting an application to LAFCO for the expansion of the sphere of influence is not appropriate at this time and he cannot support it. He continued by providing a brief background of the Messenger development process and said communication today with Mr. Austin, of Messenger Investment Company, indicated that their company does not want to reconstruct the MOU. He indicated that Messenger does not support the application to LAFCO at this time. Richard Devericks, 340 Rosewood Avenue, Camarillo, spoke representing Ventura Pacific Capital. He indicated that his company owns 80 acres within Specific Plan No. 8 and he works closely with Gary Austin. He said he would like to be included on a mailing list for any meetings that are held with regard to this issue. He said he supports the approach of getting the property through the LAFCO process at this time. Minutes of the City Council Moorpark, California 10 March 17, 1993 Councilmember Montgomery commented that he believes there is an inconsistency between LAFCO staff and LAFCO board members. He said one side says they desire a complete application from the City of Moorpark and the other side indicates that they want to be involved in the process from the very beginning. He said he supports the ten point proposal which Messenger has provided as a guideline as it provides for specific public input and provides the Community Development Committee a vehicle with which to continue discussions with the public. Councilmember Hunter stated that he supports making the application to LAFCO at this time. Councilmember Perez expressed concern that now is not the proper time to move forward with the application. Patty Waters, 10865 Broadway, also requested to be included on a mailing list to be notified of meetings that are held with regard to this issue. She indicated that the ten -point proposal has merit to it. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to refer this item to the Community Development Committee with direction for them to meet with Messenger Investment Company and other property owners to refine the 10 -point proposal made by Messenger Investment into a city plan; allow and authorize the Community Development Committee to meet and discuss various proposed agreement or codification documents; to defer the submission to LAFCO of the application to expand the sphere of influence. The motion carried by 4 -1 roll call vote, Councilmember Hunter dissenting. AT THIS POINT in the meeting, Mayor Lawrason declared a recess. The time was 9:35 p.m. The Council reconvened at 10:00 P.M. CONSENSUS: By consensus, the Council.determined to reorder the agenda to consider items 11.D. and 11.E. after item 11.I. and to continue to consider the other items in the order in which they appear on the agenda. F. Consider the Second Extension of the Cabrillo Economic Development Corporation's Community Development Block Grant Agreement. Staff Recommendation: Extend the agreement for a term lasting until June 30, 1993, or until existing funds are used. Minutes of the City Council Moorpark, California 11 March 17, 1993 Don Reynolds gave the staff report. He said the staff recommendation was to extend the soft costs portion of the agreement, or costs associated with site search, to June 30 and allow the City Manager the discretion whether or not to extend the hard costs, or site development costs, if they find a specific site in that timeframe. Rodney Fernandez, 11011 Azahar Street, Saticoy, spoke as Executive Director of the Cabrillo Economic Development Corporation. He emphasized that the organization has refocused on getting a new site and they want to finalize the decision by June. He requested support from the City in their endeavors to relocate. In response to Councilmember Perez, Mr. Fernandez stated that CEDC is not requesting additional funds in this request. They are requesting an extension of time period only and they want to move the project forward as quickly as possible. Mr. Fernandez said it would be his preference not to go through the extension process again, but if that is what the City Council required, it would be done. Mr. Kueny suggested that the date of September 30 be used as a deadline for "going site specific" instead of June 30. MOTION: Mayor Lawrason moved and Councilmember Wozniak seconded the staff recommendation to authorize the extension of the CEDC CDBG agreement from January 18, 1993, for a term defined as either the time at which the balance of the funds have been expended, or until September 30, 1993, whichever comes first, the City Manager to have discretion to extend the hard costs, costs associated with site development past September 30th; and to continue to consider this program in the development of the final grant appropriations for the 1993/94 CDBG program year. The motion carried by unanimous voice vote. Mr. Reynolds said that language adopted above will be incorporated into the agreement. G. Consider Request by Mark McQueen for Changes on His Certificate of Compliance. Staff Recommendation: Direct staff as deemed appropriate. Minutes of the City Council Moorpark, California 12 March 17, 1993 Mr. Aguilera deferred giving the staff report and suggested that the Council let Mr. McQueen address the issue. Mark McQueen, 181 -1/2 Wicks Road, inquired as to why he is being required to improve a lot that is not in the Conditional Use Permit. He said he is requesting an adjustment of the fees that are being charged to him because of errors made by City staff members in time charged, and he is requesting the granting of his zone clearance. Mr. Aguilera said his understanding of the situation is that the site in question is about to become a separate parcel and Mr. McQueen wants to provide road improvements for the new, smaller parcel and not for the existing parcel. He said Mr. McQueen wants the City to issue him a zone clearance and allow him to delay the road improvements on the parcel that he (McQueen) is willing to improve. In addition, Mr. Aguilera explained that Mr. McQueen is saying that during the processing of his certificate of compliance there were delays that occurred that were not his fault and City staff continued to charge his project in error. Mr. Aguilera said he has spoken with the case planner and while there were delays in the application processing, they were not caused by staff. Councilmember Montgomery said Mr. McQueen should not have to provide offsite improvements for the larger parcel and felt that the fees should be capped at $2,275. Mr. Kueny suggested that starting with the lack of a building permit or zoning violation, the County Assessor's records should be checked if Mr. McQueen cannot produce the building permit and then Mr. McQueen should obtain his zoning clearance. With regard to fees, Mr. Kueny suggested leaving it in Mr. Aguilera's hands to go back through the billing and delete any Code Enforcement time but the City should be due at least 75% above the original deposit. Mr. Kueny continued that rather than improving the large frontage as part of the process, have Mr. McQueen pay the City Engineer to do a general estimate of the cost to do the improvements for the estimated 45 foot frontage of the smaller parcel and the City accept payment of that amount. He said the City could work out a payment plan. Minutes of the City Council Moorpark, California 13 March 17, 1993 Mr. Abbott stated that the amount for the improvement of the 45 foot frontage parcel would be approximately $5,000. Mr. McQueen agreed that the City Manager's proposal was fair but he said he was worried about going through the bill with Mr. Aguilera. He was concerned that Mr. Aguilera wouldn't have the authority to delete charges to the bill. Mayor Lawrason said Mr. McQueen should sit down and try to work it out with Mr. Aguilera. Mayor Lawrason said if that cannot be accomplished then we will have to go to the next level of appeal. Councilmember Montgomery said that Mr. McQueen and Mr. Aguilera should work out a payment plan. He asked Mr. McQueen if he will pull a building permit if he cannot get confirmation of a record of the building permit stated to be previously obtained. Mr. McQueen said yes, but he did have a permit. CONSENSUS: By consensus, the Council determined to approve the suggestions of the City Manager for the funding of the estimated 45 foot of street frontage; that the zoning violation be cleared by having the applicant obtain a zoning clearance and building permit; and that the Director of Community Development meet with the applicant to resolve the fees. H. Consider Parks and Recreation Commission Recommendation for Name of Virginia Colony Park Site and Renaming of Los Angeles Place. Staff Recommendation: Adopt "Virginia Colony Park" as official name of parksite located at the east end of Avenida Colonia in Moorpark and direct staff to initiate the process to change the street named Los Angeles Place to Virginia Colony Place. Christine Adams gave the staff report. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to adopt "Virginia Colony Park" as the official name of the parksite located at the east end of Avenida Colonia and direct staff to initiate the process to change the street named Los Angeles Place to Virginia Colony Place. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California 14 March 17, 1993 I. Consider Urban West Proposal for Tuscany Tract. Councilmember Montgomery requested that the City Attorney discuss the legality of this issue. Ms. Kane explained that she found no requirement for Urban West Communities to retain the four original model types. She said the question that was asked was if the City has the ability to approve the new models with those models being inconsistent with the CC &R's. She said the CC &R's are a private land use restriction and the City is not prohibited by reason of the fact that there are CC &R's; however, by the same token, Urban West Communities cannot ignore the CC &R's. She continued by saying that the City may require that certain provisions be added to the CC &R's and they not be amended except with the approval of the City. In response to Councilmember Montgomery, Ms. Kane said if there is a provision that would prohibit Urban West Communities from developing units in essence not consistent with the original four models, then it would be the homeowners who would have to seek the remedy. Chuck Fuhr, 11742 Pinedale Road, spoke as a Tuscany homeowner. He requested that the City Council not approve the zone clearance applied for by Urban West Communities until they have agreed to establish an integrated smaller community for the scaled down homes. Lori Rutter, 11611 Pinedale Road, spoke as a Tuscany homeowner. She asked that the Council carefully review the minor modification application and that the smaller homes be located in a smaller community apart from the Tuscany tract. In response to Councilmember Montgomery, Lori Rutter stated that discussion of whether or not the Homeowners' Association would sue the City of Moorpark has not been part of the discussions to date. Maury Froman, 520 Broadway, Santa Monica, spoke representing Urban West Communities. He said they agreed in June of 1992 to encircle and add lots around some of the first forty homes of the Tuscany tract. He said there is no assurance that this project will be completed as proposed. He indicated that Urban West Communities cannot continue to build the homes without having the Minutes of the City Council Moorpark, California 15 March 17, 1993 approval of the 66 zone clearance permits. He continued by saying that the worst thing to do is close the project, close it up and have the stigma attached to having an incomplete community. In response to Councilmember Montgomery, Mr. Froman confirmed that if the zone clearances are turned down, it will be considered breach of the settlement agreement. He said Urban West would have to look at all the possibilities. Mayor Lawrason commented that he believes this is a problem between the Homeowners' Association and Urban West Communities. Councilmember Montgomery inquired if the Community Development Committee would recommend allowing the zone clearances. In response to Councilmember Montgomery, Mayor Lawrason and Councilmember Perez said as Committee members, they would recommend approving the zone clearances. Mr. Fuhr and Ms. Rutter stated that the building of the fourteen homes as scheduled is unsatisfactory to the Homeowners' Association in the Tuscany tract. CONSENSUS: By consensus, the Council determined to take no action regarding this item. AT THIS POINT in the meeting, the Council took a recess. The time was 12:20 a.m. The meeting reconvened at 12:33 a.m. D. Consider Approval of Classification Description and Salary Range for Economic Development /Redevelopment Manager. Staff Recommendation: Approve the classification description, set a salary range, and authorize the recruitment and selection of a person to fill the position. Mr. Kueny gave the staff report. Councilmember Hunter stated the importance of this position in developing the City's economic base. Minutes of the City Council Moorpark, California 16 March 17, 1993 MOTION: Councilmember Hunter moved and Councilmember Montgomery seconded a motion to approve the classification description, set a salary range and authorize the recruitment and selection of a person to fill the position; the Budget and Finance Committee directed to review funding sources (not to be Gann Funds) and make a recommendation to the full Council. The motion carried by unanimous voice vote. E. Reconsider Bids for the Construction of a Block Wall Along the Rear of Properties Located on Sherman Avenue (North Side of Los Angeles Avenue East of Spring Road). Staff Recommendation: 1) Select one of the design options; 2) Award a contract for the construction of the project in accordance with the selected design Alternate to the bidder and for the price indicated in Section C of the staff report; 3) Approve the construction contingency amount for the project indicated in Section E of the staff report and authorize the City Manager to approve additional work, if required, not to exceed ten percent (100) of the contract price; and 4) Authorize the Mayor to sign necessary contract documents. Mr. Gilbert gave the staff report. Councilmember Wozniak commented that the Public Works, Facilities and Solid Waste Committee had discussed several options and was suggesting Alternate 2. Councilmember Perez said he anticipates a lush landscaping plan to complement the walls when they are complete. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to confirm the award of the contract and identify Option 3, Alternate II, precision block wall, as the preferred selection; contract to be awarded to DWM Construction for the bid amount of $108,162.30. The motion carried by unanimous voice vote. 12. ORDINANCES: A. Consider Second Reading and Adoption of Ordinance 161 Regulating the Use of Alarm Systems within the City. Cheryl Kane read the ordinance title. Minutes of the City Council Moorpark, California 17 March 17, 1993 MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to read the Ordinance title only. the motion carried by unanimous voice vote. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to waive further reading and adopt Ordinance 161 as read. The motion carried by unanimous voice vote. B. Consider Revisions to the City's Zoning Ordinance - City of Moorpark. Staff Recommendation: Introduce the Ordinance for first reading. Mr. Kueny commented that this is consistent with prior direction to allow churches in the industrial zone. Mr. Aguilera explained that what is presented to the Council in this material is what was discussed during the public hearing process. Cheryl Kane proposed changes to the ordinance as follows: a) In the caption, the last four words "exhibits a and b" should be deleted and replaced with the word "herein" b) In the fourth recital, second line - "Municipal Code" should be changed to "Zoning Ordinance "; In the third line "Zoning Code" should be changed to "Zoning Ordinance" C) On the last page of the ordinance, Section 5, second line -- the words "the attached" should be deleted and replaced with the word "this" and in the same line the words "(Exhibits A and B)" should be deleted. d) The last line "passed and approved and adopted" should have the date of 1117th of March, 1993" changed to read " of March, 1993" MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to read the ordinance title only. The motion carried by unanimous voice vote. MOTION: Councilmember Perez moved and Councilmember Hunter seconded a motion to waive further reading and declare Ordinance 162 introduced for first reading as amended. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California 18 13. FUTURE AGENDA ITEMS: March 17, 1993 Councilmember Wozniak said he would like a discussion of Senate Bill 566, Library Services Assessment, scheduled on the April 7 agenda. Mayor Lawrason requested that the smoking ordinance be scheduled for Council consideration at the April 7 meeting. He added that a possible speaker at that time would be Dr. Larry Dodds, Director of Health Services with Ventura County. 14. CLOSED SESSION: MOTION: Councilmember Montgomery moved and Mayor Lawrason 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. Negotiations for Real Property on the South Side of High Street (Southern Pacific /VCTC) pursuant to Government Code Section 54956.8. 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 Moorpark vs. CalTrans (Case No. 123655) K. Litigation concerning Villa del Arroyo vs. City of Moorpark (Case No. 105170) Minutes of the City Council Moorpark, California 19 March 17, 1993 L. Litigation concerning Ventura County Community College District, et al vs. City of Moorpark (Case No. 107569). M. Litigation concerning City of Thousand Oaks, et al., vs. County of Ventura. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, a recess was declared. The time was 1:00 a.m. The Council reconvened into Closed Session at 1:10 a.m. Present in Closed Session were all Councilmembers, Steven Kueny, City Manager; Richard Hare Deputy City Manager; Cheryl Kane, City Attorney. The meeting reconvened into Open Session at 1:55 a.m. Mr. Kueny stated there was no action to report and only items 14.B., 14.D., 14.H., and 14.G. had been discussed. MOTION: Councilmember Montgomery moved and Mayor Lawrason seconded a motion to reject the claims of Rebecca Ayers, Bill Hodgins and Judith Hana. The motion carried by unanimous voice vote. 15. ADJOURNMENT: Mayor Lawrason adjourned the meeting at 1:55 a.m. Paul W. Lawrason Jr., Ma illian E. Hare, City C1 MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 NOTICE AND CALL OF SPECIAL MEETING OF THE CITY COUNCIL CITY OF MOORPARK TO THE MEMBERS OF THE CITY COUNCIL AND THE CITY CLERK OF THE CITY OF MOORPARK: NOTICE IS HEREBY GIVEN that a Special Meeting of the City Council of the City of Moorpark is hereby called to be held on WEDNESDAY, MARCH 17, 1993, commencing at 6 :15 p.m. Said meeting will be held in the Council Chambers of the City of Moorpark, located at 799 Moorpark Avenue, Moorpark, California. Said Special Meeting shall be for the purpose of discussing the following Closed Session items listed: 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. Negotiations for Real Property on the South Side of High Street (Southern Pacific /VCTC) pursuant to Government Code Section 54956.8. 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 Moorpark vs. CalTrans (Case No. 123655). K. Litigation concerning Villa del Arroyo vs. City of Moorpark (Case No. 105170). L. Litigation concerning Ventura County Community College District et al vs. City of Moorpark (Case No. 107569). M. Litigation concerning City of Thousand Oaks, et al, vs. County of Ventura. Dated: March 12, 1993 ( j tvo I Paul W. L w ason Jr., Ma PAUL W. LAWRASON JR. SCOTT MONTGOMERY PATRICK HUNTER BERNARDO M. PEREZ JOHN E. WOZNIAK Mayor Mayor Pro Tem Counalmember Counalmember Counalmember PnNed on Recyded PApw STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING SPECIAL MEETING NOTICE I, Dorothy J. Vandaveer, declare as follows: That I am the Deputy City Clerk of the City of Moorpark; that a SPECIAL MEETING of the City Council of the City of Moorpark was held at 6:15 p.m. on March 17, 1993 in the Council Chambers of the Community Center and that a copy of said Special Meeting Notice was posted on March 15, 1993 at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, CA. I declare under penalty of perjury that the foregoing is true and correct. Executed on March 23, 1993 at Moorpark, California. Dorothy andaveer Deputy City Clerk aff.smt