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HomeMy WebLinkAboutMIN 1993 0512 CC ADJMINUTES OF THE CITY COUNCIL Moorpark, California May 12, 1993 An Adjourned Regular Meeting of the City Council of the City of Moorpark was held on May 12, 1993 in the Council Chambers of said city located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Lawrason called the meeting to order at 6:32 p.m. Present: Councilmembers Hunter, Montgomery, Perez, Wozniak and Mayor Lawrason. Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney. CLOSED SESSION: MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to go into 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. Foster Enterprises. H. Litigation concerning Moorpark vs. CalTrans (Case No. 123655) I. Litigation concerning Villa del Arroyo vs. City of Moorpark (Case No. 105170) The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California 2 May 12, 1993 Present in Closed Session were all Councilmembers; and Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney. The meeting reconvened into Open Session at 6:55 p.m. Mr. Kueny stated that only items 14.B., 14.C., 14.G., and 14.H. had been discussed and that there was no action to report out of Closed Session. AT THIS POINT in the meeting a recess was declared. Mayor Lawrason called the meeting back to order at 7:13 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Montgomery 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; Jim Aguilera, Director of Community Development; Ken Gilbert, Director of Public Works; Cheryl Kane, City Attorney; Dirk Lovett, Assistant City Engineer; and Dorothy Vandaveer, Deputy City Clerk 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONSENSUS: By consensus, the Council determined to reorder the agenda and consider Items 11.A., 11.B., 11.H., 12.A., 12.B., 12.C., 11.E., and 11.G. in that order. 6. PUBLIC COMMENT: Connie Lawrason, 4291 Ambermeadow Street, provided the CTAC /SSTAC report to the Council. She stated that there was discussion at the most recent meeting regarding the Unmet Transit Needs and other topics of interest and concern. Minutes of the City Council Moorpark, California 3 11. ACTION /DISCUSSION ITEMS: May 12, 1993 A. Consider Adult Entertainment Facilities Ordinance - City of Moorpark. Staff Recommendation: Direct staff as deemed appropriate (Continued Item 11.I. from 4/7/93; Item 11.D. from 4/21/93) Jim Aguilera gave the staff report. Mayor Lawrason indicated that he could not support a radius of more than 1,000 feet in the ordinance and clarified that if he votes no on the ordinance, he is voting against the radius distance and not against the idea of the ordinance. Councilmember Perez stated his agreement with the 1,000 foot radius in the ordinance and stated that he is also opposed to having this kind of establishment in the City. MOTION: Councilmember Hunter moved and Councilmember Montgomery seconded a motion to amend Section 8117.2, subsections 1 through 6 to read 1,300 feet instead of 1,500 feet in the proposed ordinance. The motion carried by roll call vote 3 -2, Councilmember Perez and Mayor Lawrason dissenting. Cheryl Kane read the title of Ordinance No. 166. MOTION: Councilmember Hunter moved and Councilmember Montgomery seconded a motion to read the Ordinance title only. The motion carried by unanimous voice vote. MOTION: Councilmember Hunter moved and Councilmember Montgomery seconded a motion to waive further reading and declare Ordinance 166 introduced for first reading. The motion carried by 4 -1 voice vote, Councilmember Perez dissenting. B. Consider Request to Release Improvement Surety Prior to Installation of Improvements for PD -1065 (Velasquez) . Staff Recommendation: Direct staff as deemed appropriate. (Continued Item 11.H. from 4/21/93) No staff report was provided as this item was placed on the agenda at the request of Councilmember Wozniak. Colin Velasquez, 1078 Mellow Lane, Simi Valley, addressed the City Council and said he would like to have the same condition placed on his property as the one used for the Minutes of the City Council Moorpark, California 4 May 12, 1993 Coptic Church project. He also said that he does not have a problem if the street goes through in the future. Councilmember Montgomery said the Council should look at a mechanism to provide the city the assurance that if the road needs to be built, it can be. He said this item should be revisited and he believes it is unfair for the City to hold Mr. Velasquez's land in a "land bank ". Councilmember Wozniak said he does not agree with the idea of the City holding the property for an indeterminate amount of time. He said he brought this to Council because he believes it is unfair to Mr. Velasquez and he believes "no action" is inappropriate. MOTION: Councilmember Perez moved and Mayor Lawrason seconded a motion to table this item. The motion carried by roll call vote 3 -2, Councilmembers Montgomery and Wozniak dissenting. H. Consider Review of Ordinance 153 (Vacancy Rent Control in Mobilehome Parks). Staff Recommendation: Direct staff as deemed appropriate. Richard Hare gave the staff report. After Council discussion, the following consensus action was taken. CONSENSUS: By consensus, the Council determined that the City Attorney should be directed to prepare a letter to be sent to the real estate firms in Moorpark and Simi Valley advising that clients should be informed of the right of mobile home purchasers to month to month tenancy in Mobile Home Parks in Moorpark; that clients be briefed as to the provisions for rent increases when the mobile home is sold, the special election results and rights under Ordinance 153 and existing state law; residents of mobile home parks to be advised that they may contact the City for information when selling their mobile home. Mayor Lawrason requested input from residents regarding the vacancy control ordinance which the Council would be considering for adoption prior to the sunset of the current ordinance. Minutes of the City Council Moorpark, California 5 May 12, 1993 Larrey Hammons, 15750 E. Los Angeles Avenue, stated that he is part of a committee which is looking at possible changes to the vacancy control ordinance. The committee will have input to provide to the City by the end of the week. Gerald Goldstein, 11932 Los Angeles Avenue, spoke regarding the mobile home vacancy rent control. He suggested that the owner should bear the expense of the special election that was held. 12. ORDINANCES: A. Consider Ordinance No. adoption of Amending the Adding Article 16, Density Sections 8103 -1.3 and 810 Planned Development (RPD) Standards. 163 for second reading and Moorpark Zoning Ordinance by Bonus Provisions, and Revising 1 -2.3 Pertaining to Residential Zone Density and Development Ms. Kane read the ordinance title. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to read the ordinance title only. The motion carried by unanimous voice vote. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to waive further reading and declare Ordinance 163 read for the second time and adopted as read. The motion carried by unanimous voice vote. B. Consider Ordinance No. 164 for second reading and adoption of 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. Ms. Kane read the ordinance title. MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to read the ordinance title only. The motion carried by unanimous voice vote. MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to waive further reading and declare Ordinance 164 read for the second time and adopted as read. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California 6 May 12, 1993 C. Consider Ordinance No. - An Amendment to Chapter 5.64 of the City of Moorpark Municipal Code, Pertaining to Peddlers, Itinerant Merchants and Solicitors Herein Known Collectively as Street Vendors. Staff Recommendation: Amend Chapter 5.64 of the Moorpark Municipal Code by introducing the Ordinance No. for first reading. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to continue this item for one week. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the Mayor declared a recess. The time was 9:00 p.m. The meeting reconvened at 9:20 p.m. 11.E. Consider Authorization to Apply to the Ventura County Flood Control District ( VCFCD) for an Encroachment Permit to Allow Graffiti Abatement by City Forces on VCFCD Facilities. Staff Recommendation: Direct staff as deemed appropriate. Mr. Gilbert gave the staff report. CONSENSUS: By consensus, the Council determined to request the Ventura County Flood Control District to enhance their graffiti abatement program in the Flood Control Channel; the Mayor to contact Ventura County Supervisor, Vicky Howard, regarding any assistance that may be available from the County to alleviate this problem. Gerald Goldstein, 11932 Los Angeles Avenue, spoke regarding graffiti. He suggested murals be painted on the walls to deter the reoccurrence of graffiti. G. Consider Authorizing the Distribution of Reguests for Proposals (RFP) for the Development and Implementation of a Street Illumination Reduction Program. Staff Recommendation: Authorize staff to develop and distribute a Request for Proposals (RFP). Mr. Gilbert gave the staff report. Connie Lawrason, 4291 Ambermeadow Street, spoke in opposition to the street illumination reduction program. Minutes of the City Council Moorpark, California 7 May 12, 1993 Hal Jandorf, 6404 N. Amherst Street, spoke representing the Moorpark College Observatory and the Ventura County Astronomical Society. He said the program would be beneficial to the observatory and its programs and he is in favor of the City pursuing it. He provided a brief slideshow of urban glare and its effects. Chris Brewer, 1328 Harmony Court, Thousand Oaks, spoke representing the International Dark Sky Association. He suggested that low sodium street lights be considered with full shielding. He indicated that he is currently working with the cities of Thousand Oaks, Ventura and Simi Valley to reduce urban glare in their cities. Dian Walden, 1571 E. Cypress Court, Camarillo, spoke representing the Ventura County Astronomical Society. She spoke in favor of the street light reduction program. Mayor Lawrason commented that he believes because of monetary concerns this is the wrong time to be initiating this program and incurring the expense of it. He said the budget is already strained and that adoption of this program at this time sends a negative message to the community. He said he is in favor of the program, but the timing is not appropriate for its consideration. MOTION: Councilmember Hunter moved and Councilmember Montgomery seconded a motion to authorize staff to develop and distribute a Request for Proposal for a pilot program for street light illumination reduction; staff to provide cost /benefit analysis and quantification of cost savings; two areas targeted for the initial phase of the program to be the "top of the hill" in Griffin tract and the Delfen Street neighborhood (TR 1668: Delfen, Kernvale, etc.). The motion carried by roll call vote 4 -1, Mayor Lawrason dissenting. Minutes of the City Council Moorpark, California 8 May 12, 1993 15. ADJOURNMENT: MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to adjourn the meeting. The motion carried by unanimous voice vote. Mayor Lawrason adjourned the meeting at 10:50 p.m. Paul W. Lawr$ -s`on Jr., Ma Lillian E. Hare, City Clerk