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HomeMy WebLinkAboutMIN 1993 0407 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California April 7, 1993 A Regular Meeting of the City Council of the City of Moorpark was held on April 7, 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 7:26 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Montgomery led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Hunter, Montgomery, Perez, and Mayor Lawrason Absent: Councilmember Wozniak Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Jim Aguilera, Director of Community Development; Charles Abbott, City Engineer; Sgt. Marty Rouse, 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. Presentation by Ventura County Health Education Department. Nan Waltman, spoke representing the Smoking Action Coalition of Ventura County. She praised the City Council for considering the proposed smoking ordinance. She indicated that work -er' and employee protection from secondhand smoke are issues to be dealt with in today's society. In response to Councilmember Montgomery, Ms. Waltman said there are 41 cities in California with a ban on smoking in public places. She said the list includes the cities Minutes of the City Council Moorpark, California 2 April 7, 1993 of Oakland, Sacramento, Whittier and Solana Beach. In addition, Ms. Waltman provided copies of a pamphlet entitled "Ventura County Guide to Smokefree Dining" to the City Clerk. 5. REORDERING OF AND ADDITIONS TO THE AGENDA: Mr. Kueny requested that the Council consider adding to the agenda as 14.L., Negotiation of real property (APN 506- 20 -64) AC Construction, pursuant to Government Code Section 54956.8, the need having arisen since the posting of the agenda. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to add item 14.L., Negotiation of Real Property (APN 506- 20 -64) AC Construction, pursuant to Government Code Section 54956.8, and Item 11.J., Consider RPD 89 -4 and Vesting Tentative Tract 4757 -Urban West Communities, to the agenda, the need having arisen for action since the posting of the agenda. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. 6. PUBLIC COMMENT: James Hartley, 5950 Redevelopment Agency. more information rega especially with regard facade on High Street. that the City may soon Gabbert Road, spoke regarding the He commented that he is looking for rding the activities of the Agency to the future of the railroad station He also commented that he is pleased have another gas station. Steven Graven, 287 Casey Road, commented that due to the relocation of the Boys and Girls Club to the Casey Road site, there is traffic congestion on Casey Road. He made notice that at the intersection with Walnut Canyon Road a driver can only make a right turn which is a hindrance. He also commented that the crime in this area has increased and the offenders are escaping by way of the storm drain. He recommended that the City put bars on the storm drain tunnels. In response to Mayor Lawrason, Sergeant Rouse agreed that the storm drains are used as an escape route in the area. Mayor Lawrason explained that any modification of the storm drain structure is not within the jurisdiction of the City, but lies with the Ventura County Flood Control District. In response to the NO LEFT TURN situation at the end of Casey Road onto Walnut Canyon Road, Councilmember Montgomery stated Minutes of the City Council Moorpark, California 3 April 7, 1993 that the reason this is prohibited is because there is not appropriate sight distance for left turns to be allowed at that intersection. Kenneth D. Sherman, 15460 Dracena Avenue, expressed support for the smoking ordinance. He said nonsmokers should not be subjected to second hand smoke. Diana Prickett, 12324 Alderglen Street, spoke as a member of the Moorpark High School Parent - Teacher Student Association. She indicated that there will be an arts and crafts fair on April 24 from 2:00 - 4:00 p.m. to raise money for student scholarships. She requested that their organization be allowed to place signs publicizing the event at several locations within the city: 1) Spring Road and Tierra Rejada Road; 2) Spring Road and Peach Hill Road; 3) Spring Road and Los Angeles Avenue; 4) Los Angeles Avenue and Moorpark Avenue; 5) Moorpark Avenue and High Street; and 6) Collins Drive and Campus Park Drive. She said the City has advised them that they must abide by the sign guidelines for a boutique situation and she does not find this acceptable as they want to keep the signs up for longer than those guidelines allow. She requested support from the Council to modify the requirements. Mr. Kueny stated that action on this matter may set a precedent for future events. He said the organization had been directed to follow the guidelines for boutique signage, but that they want to keep the signs posted longer and the signs are larger than the approved size. Mr. Kueny continued by saying that the City could restrict posting signs on City right of way (Spring Road and Los Angeles Avenue and Moorpark Avenue and High Street), and let the PTSA adhere to the private property posting requirements. He suggested that staff be directed to work with the PTSA regarding the posting of signs on the four private property locations. Roseann Mikos, 14371 E. Cambridge Street, commented that City staff should be commended for the timely graffiti removal they have been doing recently. Susan Elias, 13660 Shady Knoll Court, spoke regarding agenda item 8.M., the fireplace chimney issue with Pardee Construction. Ms. Elias requested that the Council delay any decision in this regard until they have the benefit of the full Council vote. (Councilmember Wozniak being absent.) Fred Bysshe, 10 South California Street, Ventura, spoke as a member of the Smoking Action Coalition of Ventura County. He Minutes of the City Council Moorpark, California 4 April 7, 1993 commended the City Council for considering adoption of the smoking ordinance. Dr. Greg Mitchell, 217 W. Los Angeles Avenue, spoke in support of the smoking ordinance. Judy Bysshe, 1187 Norwich Lane, Ventura, said that she is in favor of the smoking ordinance being adopted and she applauded the proposed action on the part of the City Council. Dortha Fiscus, 13537 Shady Point Drive, commented on item 8.M. She challenged the legality of changing a permit 5 - 7 years after the house has been sold. She said if it is changed later, the permit loses its validity. Ruth Farabaugh, 13543 E. Cedarpine, spoke as a member of the North View Homeowners' Association. She said the "harmony of external design" is being violated by the approval of the sheet metal extensions on the fireplace chimneys. She commented further that the homeowners deserve better treatment than they have been afforded by Pardee Construction in this matter. Lori Rutter, 11611 Pinedale Road, expressed disappointment that the City has not taken action to police the willful misconduct of Urban West Communities with the downsizing of the Tuscany models. Mostafa M. Gad, 14560 Loyola Street, spoke regarding Item 11.F., Concert at Happy Camp Park. He commented that the concert should not be allowed to take place at Happy Camp Park. Bob Zastrow, 4132 Greenbush, spoke as a resident of the North View tract. He stated that he would like to see this item continued until the full Council is present to vote on it. Sam Atassi, 2337 Roscomare Road, Suite 7, Los Angeles, spoke as the applicant of CPD 92 -1. He said he is present to answer questions. Ed Jones, 5135 Island Forest Place, spoke representing the applicant for CPD 92 -1. He said he is present to answer any questions. Councilmember Montgomery clarified that the item was placed on the agenda to discuss whether they need to place it on the agenda for the future. It was not agendized for approval or disapproval purposes at this time. Minutes of the City Council Moorpark, California 5 April 7, 1993 CONSENSUS: By consensus, the Council determined to waive their Rules of Procedure and accept another Public Comment speaker card. Leon Paikin, 222 High Street, spoke as owner of the Paikin's Color Port. He asked the Council for an update on what is happening with the Foster case as he is a tenant on one of the Foster Enterprises properties. In response to Mr. Paikin, Ms. Kane said the court has not yet ruled on the case and no judgement has been entered. 7. COMMITTEE REPORTS: Councilmember Montgomery said he attended the Ventura County Waste Commission Meeting for the month of March and said the draft legislation to form the Waste Management Authority is now in a form that is completely different and it is his recommendation that, unless the legislation is changed, the City of Moorpark not join the Authority. Councilmember Montgomery continued by stating he has attended two meetings of the Santa Monica Mountains Conservancy Board and has provided Councilmembers with reports. He said he also attended the East County Wasteshed Task Force meetings and said the City will be working with the Authority to reduce the rate of increase in the trash hauling fees, if not to lower them. He indicated that this item will be coming to the Council at a future date. He also wished his wife a Happy Fourth Wedding Anniversary and his son a Happy Third Birthday. MOTION: Councilmember Hunter moved and Councilmember Montgomery seconded a motion to pull items 8.L., 8.M., 8.0., and 8.Q. and to adopt the balance of the Consent Calendar. The motion carried by roll call vote 4 -0, Councilmember Wozniak absent for the vote. A. Consider Minutes of the Adjourned Meeting of February 24, 1993. Consider Minutes of the Reqular Meeting of March 3. 1993. Consider Minutes of the Special Meeting of March 3. 1993. Consider Minutes of the Special Meeting of March 15 1993. Consider Minutes of the Special Meeting of March 17. 1993. Minutes of the City Council Moorpark, California 6 April 7, 1993 Staff Recommendation: Approve the minutes as processed. B. Warrant Register FY 1992/93 Manual Warrants 19690 - 19696, 19800 - 19809 $ 716,669.97 Voided Warrants 19686 $ (12,895.31) Regular Warrants 19822 - 19951 $ 164,370.86 C. Consider Resolution No. 93 -931 Revising the City's Conflict of Interest Code to Include Several Designated Positions and Rescinding Resolution 92 -877. Staff Recommendation: Adopt Resolution No. 93 -931. D. Consider Moorpark vs. Fedelety Corporation - Dismissal of Complaint by City and Cross Complaint by Fedelety Corporation. Staff Recommendation: Receive and file the report. E. Consider Retaining VCE Engineering to Prepare the Design for the Arroyo Vista Community Park Pedestrian Bridge. Staff Recommendation: 1) Approve the design Scope of Work; 2) Authorize the selection of VCE Civil Engineering & Surveying to prepare the subject engineering design for the fee quoted in said Proposal ($49,746); 3) approve a ten percent contingency; and, 4) Authorize the Mayor to sign necessary contract documents. F. Consider Authorizing Soliciting Bids for the Acquisition of a Street Marking Truck for Public Works. Staff Recommendation: Approve Specifications and authorize staff to solicit bids. G. Consider Report Regarding Parking Bike Lanes and Striping on Peach Hill Road Adjacent to Peach Hill Park. Staff Recommendation: Receive and file the report. H. City Manager Approved Contract (Jensen Design Group) for Surveying Services Required for Additional Grading at Arroyo Vista Community Park. Staff Recommendation: Receive and file the report. Minutes of the City Council Moorpark, California 7 April 7, 1993 I. City Manager Approved Contract Amendment (A.G.I. Geotechnical Inc.) for Additional Soils Testing Services for Additional Grading at Arroyo Vista Community Park. Staff Recommendation: Receive and file the report. J. City Manager Approved Contract (R &H Paving) for Additional Grading Work at Arroyo Vista Community Park. Staff Recommendation: Receive and file the report. K. Consider Resolution No. 93 -932 to Change the Name of Los Angeles Place to Virginia Colony Place. Staff Recommendation: Adopt Resolution No. 93 -932. N. Consider Resolution No. 93 -933 Determining Unpaid Assessments, Authorizing the Issuance of Bonds in Connection with City of Moorpark Assessment District No. 92 -1 (Mission Bell Plaza) in the Principal Amount of $2,595,000, Approving an Indenture of Trust, a Purchase Contract and Preliminary Official Statement and Authorizing and Approving Certain Actions in Connection Therewith. Staff Recommendation: Approve Resolution No. 93 -933. P. Consider Opposition to Assemblv Bill 978, Restrictions on Agencies and Reallocation of Sales Tax. Staff Recommendation: That Council authorize Mayor to send a letter to Assembly Member Hauser expressing the City's opposition to AB 978 as currently written and urge that the bill be amended to address the City's concerns. R. Consider Cinco de Mayo Special Event Co- Sponsorship by Citizens for Cinco de Mayo. Staff Recommendation: Staff recommends acceptance of Citizens for Cinco de Mayo as a co- sponsor of the event and that the City Council direct staff to assess appropriate fees and authorize $550.00 for the funding of the mariachi band. The following items were pulled from the Consent Calendar for individual consideration: L. Consider Lot Line Adjustment No. 93 -1 (Union Oil Company of California). Staff Recommendation: Receive and file the report. Mayor Lawrason said he pulled this item to request the clarification as to why the lot line is being moved. In response to Mayor Lawrason, Mr. Aguilera said the adjustment is moving the northerly property line to the Minutes of the City Council Moorpark, California 8 April 7, 1993 Simi Valley Corporate limit line. Jurisdiction will no longer be shared by Simi Valley and Moorpark. Existing parcels B &A will be united under Tentative Tract Map 4565. Bob Schragg, spoke representing Union Oil Company. He said he understands the Council's confusion with regard to this matter. He explained that with this change his company can legally market the entire tentative map project. He said it does not impact any of the property within the City of Moorpark. MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to receive and file the report and approve the Lot Line Adjustment No. 93 -1. The motion carried by voice vote 4 -0, Councilmember Wozniak absent. M. Consider Minor Modification No. 6 to Residential Planned Development Permit No. 851 (Pardee Construction) - Proposal Regarding Extension of Chimney Chase with Sheet Metal Extension. Staff Recommendation: Receive and file the report. Councilmember Montgomery referred to a letter he had received from a company named Heat and Glow. He said the company outlined the type of chimney extension they manufacture and what the type of material must be used with their product. He said the City should be careful to comply with the manufacturer's wishes. In response to Councilmember Montgomery, Mr. Aguilera said the citizens are able to appeal the approval of a minor modification. Councilmember Montgomery also requested an answer regarding the changing of permits after the house has been sold. Mr. Aguilera said the violation occurred at the time of construction; therefore, the minor modification applied for is valid in terms of the fact that the builder is still responsible for that code violation. He confirmed that the modification request is the proper process to follow. With regard to Condition No. 6, Mr. Aguilera said it should be at the City's discretion whether or not to conduct the inspection. Minutes of the City Council Moorpark, California 9 April 7, 1993 Councilmember Hunter said he does not want to alienate Pardee and drive them away from the negotiations. He asked if continuing this item for two weeks would be a hardship and would the City still be afforded the same right to appeal. Mr. Aguilera responded that if the Council continues this item it must be done through the appeal process because the time would expire before the next meeting. The Council would then have to wait until the May 5th meeting and conduct a public hearing at that time. He indicated that the final date of appeal is the 9th of April. In response to Councilmember Perez, Mr. Aguilera said the distinction between the extensions being constructed of metal or stucco is one of aesthetic value. MOTION: Councilmember Perez moved and Mayor Lawrason seconded a motion to receive and file the report. The motion carried by roll call vote 3 -0, Councilmember Wozniak absent for the vote and Councilmember Montgomery abstaining. O. Consider Administrative Procedure for the Dismissal of Handicap Parking Citations for the Failure to Properly Display the Disabled Person Parking Placard and Adopt Resolution No. 93- - . Staff Recommendation: City Council authorize staf to consider the administrative dismissal of parking citations relating to designated handicap parking spaces, using the draft policy as presented and adopt Resolution No. 93- adopting the $30 fee for repeat offenders. MOTION: Councilmember Hunter moved and Councilmember Perez seconded a motion to continue this item to the April 21, 1993 meeting as an Action /Discussion item. The motion carried by 4 -0 voice vote, Councilmember Wozniak absent. Q. Consider Proposed Public Education Plan Relative to Implementation of City's Neighborhood Preservation Program. Staff Recommendation: Receive and file the report. In response to Councilmember Montgomery, Mr. Aguilera responded that the City would probably wait until a second Code Enforcement Officer is hired to begin the program. Mr. Kueny added that recruitment to fill the vacant position will be delayed pending State budget action. Minutes of the City Council Moorpark, California 10 April 7, 1993 Councilmember Perez said that communication with the real estate offices is not mentioned and it should be. MOTION: Councilmember Montgomery moved and Councilmember Hunter seconded a motion to receive and file the report directing staff to notify the real estate community of the implementation of the program. The motion carried by 4 -0 voice vote, Councilmember Wozniak absent for the vote. AT THIS POINT in the meeting, a recess was declared. The time was 9:45 p.m. The Council reconvened at 10:05 p.m. 10. COMMENTS FROM COUNCIL MEMBERS: A. Consider the Planning Commission Action of 4/5/93 to Approve CPD 92 -1 ARCO on the Southwest Corner of Moorpark and Los Angeles Avenues. Staff Recommendation: Direct staff as deemed appropriate. Mr. Aguilera gave the staff report. In response to Mayor Lawrason, Mr. Aguilera confirmed that there had not been substantial discussion about alcohol sales at the Planning Commission level. He said there was discussion about delivery time and the Commission determined that delivery times would be allowed anytime in the 24 -hour period as trucks coming in and out at night would be less harmful than during the day. The Commission also left the proviso that if the late delivery times became a problem, the hours could be changed. Mr. Aguilera explained that the Planning Commission's recommendation is that the driveway should straddle the two properties to enable this applicant full use of it. No action was taken by the Council on this item. Additional Comments: Councilmember Hunter reminded residents to vote in the Special Election to be held on April 13. Councilmember Perez announced the date, time and location of the next Town Hall Meeting as April 17 at 9:00 a.m. at the Church of Jesus Christ Latter -Day Saints located on Benwood Avenue and Collins Drive. Minutes of the City Council Moorpark, California 11 April 7, 1993 Councilmember Perez also mentioned that he received an invitation to the City's Annual Easter Egg Hunt, which is to be held at 10:00 a.m. at the former Moorpark High School football field. Councilmember Montgomery announced that Monday, April 19, the Santa Monica Mountains Conservancy is sponsoring a field trip tour to Rim of the Valley trails in the east Santa Susana Mountains. He said the tour will begin in the afternoon at the East County Sheriff's Station on Olsen Road. AT THIS POINT in the meeting, the City Clerk announced that time had arrived for the Council to reordering the agenda. The time was 10:30 p.m. CONSENSUS: By consensus, the Council determined to consider Item 11.F. first and then to take the remaining items in the order in which they appear on the agenda. 11.F. Consider Staff Response to Ventura County's Request for Comments on the Application by Moorpark Athletic Community Complex (MACC) to Host a Country Western Concert at the Happy Camp Recreational Area. Staff Recommendation: Concur with staff response. Mr. Aguilera gave the staff report. Mayor Lawrason said he wants to support this kind of activity, but he is having difficulty with the proposed location. Councilmember Montgomery said the issue is whether this activity is appropriate for this location. He said the logical place to hold this event is at the high school stadium. He said the application is not complete, circulation to this site is inadequate either by Campus Park Drive or Broadway. He said the City does not deem this intensive of a use an allowable use in a designated open space area. He said the County needed to be notified immediately that there are substantial environmental impacts to this application, that an EIR is needed, that biological /ecological, traffic, circulation, noise, air pollution and dust must be considered; furthermore, a biological study needs to be made to determine if sensitive species are present on the proposed site. He indicated that the bringing on site of vehicles over roads that are not to standard is totally unacceptable to the City. He said the potential for Minutes of the City Council Moorpark, California 12 April 7, 1993 health and safety injury and fire hazard is extremely high. Jim Hartley, 5950 Gabbert Road, said he is in regular contact with the Santa Monica Mountains Conservancy. He said he is not aware of any contact that the Conservancy has had from MACC. He said the appropriate place to have this event is at the Moorpark High School stadium. Mark P. Beers, 6891 N. Westwood, was not present to speak, but left a note that the concert should be moved to Moorpark College or the Community Park. Carolyn Poleri, 6863 Trojan Court, spoke in opposition to the concert being held at Happy Camp Canyon Regional Park. Bill Poleri, 6863 Trojan Court, said he does not believe the MACC will realize any profit in this event as they must bear the cost of sanitation, trash, electricity, liability insurance and many other things. Barbara Loczi, 11658 Blossomwood Court, spoke representing the Moorpark Athletic Complex Committee. She said the MACC has no intention of shortcutting the process or not taking care of needs that must be met. She said Rory Skei of the Santa Monica Mountains Conservancy has been contacted early in the process. She said one of the reasons for requesting Happy Camp as the site of the event was to replicate something that had been done previously in another State for a Country Western concert. She said it will attract top calibre entertainers if this is allowed to happen. She said the application has been filed with the County as a Mitigated Negative Declaration. She said the MACC is not tied to QUOR in any way. She said she would be willing to provide answers to Council questions in writing and requested information from the City regarding exactly what permits would be necessary from the City. In response to Councilmember Montgomery, Ms. Loczi said their organization cannot afford to do an environmental impact report. She also responded that MACC had talked to the Sheriff's Department about security and parking control. Minutes of the City Council Moorpark, California 13 April 7, 1993 In response to Councilmember Montgomery, Ms. Loczi said she hopes the City will consider that MACC is a nonprofit organization and take that into consideration in charging fees for staff time. Eloise Brown, 13193 Annette Street, addressed the process of the agenda and the public being notified of this item. She said the public should have had the opportunity to comment on this process. In addition, Mrs. Brown spoke in opposition to the concert being held at Happy Camp Campground. Roseann Mikos, 14371 E. Cambridge Street, spoke representing the Campus Park neighborhood and as a docent for the Santa Monica Mountains Conservancy. She spoke in opposition to the concert being held at Happy Camp Campground. Councilmember Montgomery indicated that portable generators would not be acceptable because there would be contamination of the soil from their use. CONSENSUS: By consensus, the Council directed staff to send a letter to the County indicating the City's opposition to this application and listing the reasons as discussed this evening. AT THIS POINT in the meeting, the Mayor called a recess. The time was 12:17 a.m. The Council reconvened at 12:27 a.m. A. Consider Appropriation of Community Development Block Grant Funds for 1993(94 of $210,038. Staff Recommendation: Approve Budget & Finance Committee priorities for funding as submitted. Don Reynolds gave the staff report. Mayor Lawrason commented that the difficult part of this process is choosing the projects from the many applications that are received. He explained that the programs chosen to receive funds are those that will best benefit the citizens of Moorpark. Councilmember Perez said he hopes it is still the Council's intent to use CDBG funds for affordable housing in the future. He stated that the administrative reporting should be documented. Minutes of the City Council Moorpark, California 14 April 7, 1993 MOTION: Councilmember Perez moved and Councilmember Hunter seconded a motion to approve the Budget and Finance Committee and staff recommendation that the City Council appropriate the 1993/94 CDBG funds in the amount of $210,038 as follows: Administration: County Fair Housing City Administration Public Services: Senior Nutrition Literacy Long Term Care Ombudsman Catholic Charities Homeless Ombudsman Legal Services Development Projects: Charles Street Phase II & III The motion carried by roll Wozniak absent for the vote. $ 2,250 $ 23,490 $ 10,000 $ 5,000 $ 2,000 $ 8,000 $ 2,000 $ 4,506 $152,792 call vote 4 -0, Councilmember B. Consider Bids for the Realignment and Widening of Tierra Rejada Road East of Spring Road. Staff Recommendation: 1) Approve the revised appropriations and budget amendment; 2) Determine the Scope of Work to include Traffic Control Alternate "A" (two traffic lanes open at all times) and Schedule II (water line relocation) ; 3) Award a contract for said project to R &H Paving, Inc. for the bid amount of $1,354,317; 4) Approve a ten percent contingency for the project; and 5) Authorize the Mayor to sign necessary contract documents. Mr. Gilbert gave the staff report. Councilmember Montgomery said the City should specify that the street lights will consist of the higher cutoff quality of fixture which directs more light toward the ground instead of in a side or upward direction. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to 1) approve the revised appropriations and budget amendment as set forth in Section I- 7 of the staff report dated 3/30/93; 2) determine the scope of work to include Traffic Control Alternate "A" (two traffic lanes open at all times) and Schedule II (water line relocation) ; 3) award a contract for said project to R &H Paving, Inc. for the bid amount of $1,354,317; 4) approve a Minutes of the City Council Moorpark, California 15 April 7, 1993 ten percent contingency for the project; 5) authorize the Mayor to sign necessary contract documents; and 6) To include street lights with the higher cutoff quality of fixture. The motion carried by roll call vote 4 -0, Councilmember Wozniak absent. C. Consider Setting the Date of a Public Hearing to Consider the Annual Assessments for AD84 -2 (Parks Maintenance Assessment District) and AD 85 -1 (Lighting and Landscaping Maintenance Assessment District) . Staff Recommendation: 1) Determine the maximum assessment amount per single family lot for AD 85 -1 (Parks) and direct staff to revise Exhibit "A" to the Resolution accordingly, 2) Adopt Resolution No. 93 -929, declaring the City Council's intention to make certain changes and to order the annual assessments for AD85 -1 for FY 93/94 and setting the date of a public hearing to consider levying said assessments, 3) Adopt Resolution No. 93 -930 setting the date of a public hearing to consider making certain changes to and ordering the levy of annual assessments for AD84 -2 for 1993/94. Mr. Gilbert gave the staff report. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to determine the maximum assessment amount per single family lot for AD 85 -1 (Parks) as $48.03 with no contribution from another source and direct staff to revise Exhibit "A" to the resolution accordingly, and to adopt Resolution No. 93 -929, declaring the City Council's intention to make certain changes and to order the annual assessments for AD85 -1 for FY 93/94 and setting the date of a public hearing to consider levying said assessment, and 3) to adopt Resolution No. 93 -930 setting the date of a public hearing to consider making certain changes to and ordering the levy of annual assessments for AD84 -2 FOR 1993/94. The motion carried by voice vote 4 -0 voice vote, Councilmember Wozniak absent for the vote. D. Consider 1992/93 General Fund Budaet AbbroDriation for Metrolink Station Maintenance and Operation. Staff Recommendation: That Council appropriate $14,500 from the General Fund Reserves for Metrolink Station maintenance and approve the 1992/93 Metrolink budget as outlined in the staff report. Mary Lindley gave the staff report. Minutes of the City Council Moorpark, California 16 April 7, 1993 In response to Councilmember Montgomery, Ms. Lindley clarified that Transportation Development Act funds had been used in the construction of the station and what is needed now is funding for the maintenance of the facility, which will come from General Fund Reserves. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to appropriate $14,500 from the General Fund Reserves for Metrolink Station maintenance and to approve the 1992/93 Metrolink budget as presented in the staff report dated 4/2/93. The motion carried by roll call vote 4- 0, Councilmember Wozniak absent for the vote. E. Consider Proposed Water Rate Increase for Metropolitan Water District. Staff Recommendation: Authorize Mayor to send a letter of opposition. Mary Lindley gave the staff report. Councilmember Hunter noted that the deadline for filing written protests with the Metropolitan Water District is April 8. MOTION: Councilmember Montgomery moved and Councilmember Hunter seconded a motion to authorize the Mayor to send a letter of opposition in regards to the proposed water rate increase for the Metropolitan Water District. The motion carried by voice vote 4 -0, Councilmember Wozniak absent. G. Consider Ordinance Eliminatinq Smoking in Work Places and Enclosed Public Places. Staff Recommendation: Review the proposed ordinance and provide staff and the City Attorney with appropriate direction concerning the adoption of said ordinance. Mr. Aguilera deferred the staff report due to the lateness of the hour. John Gustafson, 79 High Street, spoke as co -owner of the Whistle Stoppe Restaurant. He spoke in opposition to the proposed nonsmoking ordinance and stated that it will hurt his business to have such a restriction in force. Connie Lawrason, 4291 Ambermeadow Street, spoke in favor of the proposed nonsmoking ordinance. Mark P. Beers, 6891 N. Westwood Street, was not present to speak, but noted on the speaker card that he is in favor of the proposed nonsmoking ordinance. Minutes of the City Council Moorpark, California 17 April 7, 1993 CONSENSUS: By consensus, the Council determined to continue this item to the next regular City Council meeting of April 21, 1993. H. Consider a Request to Allow Conditional Certificate of Compliance No. CCofC 92 -1 (Mark McQueen). Staff Recommendation: Reconfirm the March 17, 1993 Council action. Mr. Aguilera deferred the staff report and stated that the applicant was present to speak. Mark McQueen spoke as the applicant for the Conditional Certificate of Compliance. He addressed concerns he has with charges that are being applied to his project which he believes are not accurate. CONSENSUS: By consensus, the Council determined to continue this item to the next regular City Council meeting of April 21, 1993. I. Consider Adult Entertainment Facilities Ordinance. Staff Recommendation: Review the draft ordinance. CONSENSUS: By consensus, the Council determined to continue this item to the next regular City Council meeting of April 21, 1993. J. RPD 89 -4 and VTT 4757 Urban West Communities. Mr. Aguilera provided a brief staff report. MOTION: Councilmember Montgomery moved and Mayor Lawrason seconded a motion to appeal the decision of the Planning Commission. The motion carried by voice vote 4 -0, Councilmember Wozniak absent. 12. ORDINANCES: A. Consider Second Readina and Adoption of Ordinance No. 162 - Revisions to the City's Zoning Ordinance. Ms. Kane read the ordinance title. MOTION: Councilmember Hunter moved and Councilmember Perez seconded a motion to read the ordinance title only. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. Minutes of the City Council Moorpark, California 18 April 7, 1993 MOTION: Councilmember Hunter moved and Councilmember Perez seconded a motion to waive further reading and declare Ordinance No. 162 read for the second time and adopted as read. The motion carried by 4 -0 voice vote, Councilmember Wozniak absent. B. Consider Ordinance No. - An Addition of Chapter 8.48 to the Municipal Code Relative to Property Maintenance and Re- Titling Chapter 8.04 of the Moorpark Municipal Code. Staff Recommendation: Introduce Ordinance No. for first reading. CONSENSUS: By consensus, the Council determined to continue this item to the next regular meeting of April 21, 1993. 13. FUTURE AGENDA ITEMS: Mayor Lawrason requested that discussion of a Community Youth Officer be placed on the agenda for the next regular meeting. He brought forward this request on behalf of Councilmember Wozniak who was absent from the meeting. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adjourn to Closed Session for a discussion of all 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. Minutes of the City Council Moorpark, California 19 April 7, 1993 H. Litigation concerning City of Moorpark vs. Foster Enterprises. I. Litigation concerning Moorpark vs. CalTrans (Case No. 123655) J. Litigation concerning Villa del Arroyo vs. City of Moorpark (Case No. 105170) K. Litigation concerning City of Thousand Oaks, et al., vs. County of Ventura. L. Negotiations for Real Property (APN 506- 20 -64) AC Construction, pursuant to Government Code Section 54956.8. The motion carried by voice vote 4 -0, Councilmember Wozniak absent. AT THIS POINT in the meeting, the Mayor declared a recess. The time was 1:12 a.m. The City Council reconvened into Closed Session at 1:22 a.m. Present in Closed Session were Councilmembers Hunter, Montgomery, Perez, Mayor Lawrason; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney. The meeting reconvened into Open Session at 1:47 a.m. Mr. Kueny indicated there was no action to report out of Closed Session and only items 14.C., 14.D., 14.E., 14.H., 14.I., 14.J.1 14.K. and 14.L were discussed. 15. ADJOURNMENT: MOTION: Councilmember Montgomery moved and Councilmember Hunter seconded a motion to adjourn the meeting. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. The time was 1:48 a.m. Pa—uf W. La rason Jr., yor ATTEST: lian E. Hare, City Clerk - 45 �-