Loading...
HomeMy WebLinkAboutMIN 1993 0505 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California May 5, 1993 A Regular Meeting of the City Council of the City of Moorpark was held on May 5, 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 7:15 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; Christine Adams, Director of Community Services; Jim Aguilera, Director of Community Development; Lt. Dean, Sheriff's Department; Ken Gilbert, Director of Public Works; Cheryl Kane, City Attorney; Dirk Lovett, Assistant City Engineer; Charles Abbott, City Engineer; Don Reynolds, Administrative Services Manager; Jill Rubin, Management Analyst; Lillian Hare, City Clerk; and Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Proclamation recognizing Hire a Veteran Week as May 2 - 8, 1993 The proclamation was presented by Councilmember Wozniak to Patrick Koeneker, Local Veterans Employment Representative of the Employment Development Department B. Proclamation recognizing May as Better Hearing and Speech Month. Councilmember Hunter presented the proclamation to Linda Erwin from Beltone Electronics. C. Certificate of Recognition for Eagle Scout, Michael Alan Rogers. Minutes of the City Council Moorpark, California 2 May 5, 1993 Mayor Lawrason presented the Certificate of Recognition to Michael Alan Rogers for his achievement of Eagle Scout. D. Special Recognition for Waste Watch Program - Mail It Quik Postal Center, Moorpark Business Center, Moorpark Unified School District - Campus Canyon School. Ira Greenberg, the owner of Mail it Quik Postal Center, and Terry Foster, principal of Campus Canyon School, were presented Waste Watch awards by Mayor Lawrason, who was assisted by Jill Rubin, Management Analyst. The Moorpark Business Center was also recognized. Honorable Mention Awards went to the following businesses: Business Machine Supplies, Franz Wolff Industrial Leasing, General Optics, GT Water Products, Monika's General Store, Moorpark Melodrama, Arroyo West School, and Peach Hill School. E. Proclamation recognizing May 6 as National Day of Prayer. Councilmember Montgomery read the National Day of Prayer proclamation. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to continue item 11.D. to May 19. The motion carried by unanimous voice vote. 6. PUBLIC COMMENT: Patrick Kilmartin, 480 Sherman Avenue, spoke on behalf of his parents, Mr. and Mrs. Burkhardt. He questioned the design of the walls that are being constructed at Sherman Avenue and Los Angeles Avenue because it is his understanding that the walls are not designed to go to the corner. He also questioned what is going to happen to the trees near where the wall is to be built. Councilmember Montgomery said the City staff should supply a letter from the contractor to Mr. Kilmartin and that this item should come back to the Public Works, Facilities and Solid Waste Committee at its next meeting for discussion. Minutes of the City Council Moorpark, California 3 May 5, 1993 Connie Lawrason, 4291 Ambermeadow Street, spoke regarding the late hours of the City Council meetings. She said the Council should abide by the rules that they adopted and adjourn their meetings prior to midnight. Larrey D. Hammons, 15750 E. Los Angeles Avenue, thanked the Council for their support of Ordinance 153. Patrick Kilmartin, 480 Sherman Avenue, spoke representing Pat's CB and Stereo. He said he would like to see action regarding expanding the lease area of the land he occupies for his business. He said he would like to lease the property behind him so he can eradicate the weeds. Gerald Goldstein, 11932 Los Angeles Avenue, spoke regarding parking conditions on the City owned parking lot during the Cinco de Mayo celebration. He also addressed the issue of law enforcement in the City and the role Councilmembers play in this process and alluding to City officials as Nazis. Councilmember Wozniak stated that he was offended by Mr. Goldstein's use of the word "Nazi" during his utterings of complaint. He indicated that he will not tolerate the use of such a word when directed at Councilmembers. Ralph Boyd, 6550 San Onofre Drive, Camarillo, introduced himself as the new Chairman of the Legislative Committee of the Moorpark Chamber of Commerce. He said they hope to be effective in the City of Moorpark. Ted Green, 15354 E. Benwood Drive, spoke on a personal issue. He indicated that his wife was issued a parking citation in a handicapped zone and that she has a placard. He also said that the police chief "hollered" at his wife and that he will be filing a formal complaint within 48 hours. Eloise Brown, 13193 Annette Street, spoke regarding the repaving of Peach Hill Road. She suggested that the limit lines be moved forward in the cases where there is restricted vision at corners, for example, Peach Hill Road and Annette Street. Mrs. Brown also commented that the air quality in the City during the morning hours was almost intolerable and she found it interesting that the County allowed so many controlled burns within the County on the same day. Councilmember Wozniak responded to Mrs. Brown by stating that he shares her concerns, but that neither the School District nor City officials were notified that these controlled burns were going to take place. Minutes of the City Council Moorpark, California 4 May 5, 1993 Councilmember Montgomery stated that he investigated and found that each of the controlled burns in the vicinity of Moorpark were to dispose of unsold Christmas trees. He said those organizations should be recycling the trees instead of burning them. Kenneth A. Coate, 3387 Chicago Avent representing Commercial Surety /American made reference to a letter which was recently and said that the award of bid Community Park gymnasium should be Development. Le, Riverside, spoke Bonding Company. He sent to the Council for the Arroyo Vista made to Tri -Build Bob Badiyan, 3122 Santa Monica, Blvd, Santa Monica, spoke representing Tri -Build Development. He exhibited samples of work that his firm has done similar to the work that is being considered for the Arroyo Vista Community Park Community Building and Gymnasium. He requested that the award be made to his company and assured the Council that his firm will do a good job if awarded the contract. Jack Salyer, 15709 Illinois Avenue, Paramount, spoke representing McAlpine and Salyer Construction. He spoke regarding the bid procedures and questioned the timeliness of the bid submitted by Tri -Build Development for the Arroyo Vista Community Park Community Building and Gymnasium. He said his company will do a good job if awarded the contract for this project. 7. COMMITTEE REPORTS: Councilmember Montgomery indicated he had provided a box item to the Council on the last Santa Monica Mountains Conservancy District meeting and would do so on the Waste Commission meeting. 8. CONSENT CALENDAR (Roll Call Vote): MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to pull Items 8. B. , 8. F. , 8. H. , 8. 1. and 8.J. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Warrant Register FY 1992/93 Manual Warrants 20057 -20071 $ 110,010.78 Minutes of the City Council Moorpark, California 5 Voided Warrants Regular Warrants 17824, 178401 19809 20072 - 20183 May 5, 1993 $ (433.88) $ 386,504.55 C. Consider CPD 89 -1 and -2 Minor Modification No. 5 - Ventura Pacific Capital Group VI - Request To Move the North Canopy of Shop No. 1 Six Feet to the South. Staff Recommendation: Receive and file the report. D. Consider Mid -Year Report of Moorpark Project Pride Program. Staff Recommendation: Receive and file the report. E. Consider Acceptance of the Charles Street Rehabilitation Project Phase I. Staff Recommendation: 1) Accept the described work as complete; 2) Instruct the City Clerk to file the Notice of Completion; and 3) Authorize release of the retention if no claims have been made within the thirty -five (35) day lien period. G. Consider Acceptance of the Construction of Irriaation Crossover Conduits for Future Parkway Landscaping Projects at Various Locations. Staff Recommendation: 1) Accept the work as completed; 2) Instruct the City Clerk to file the Notice of Completion; and 3) Authorize the release of the retention upon satisfactory clearance of the thirty -five (35) day lien period. K. Consider Acceptance of the Temporary Construction Easements for Tierra Rejada Road Widening. Staff Recommendation: Direct the City Clerk to accept the temporary construction easements and to submit for recordation. L. Consider Sharing of Costs to Relocate Shell Pipe Line which is in Conflict with Public Improvements along Los Angeles Avenue which are Funded by Assessment District 92 -1. Staff Recommendation: Authorize the City Manager to sign the agreement with Shell Pipe Line Corporation and advance a deposit of $75,000 from AD 92 -1 public improvement funds as one -half of the City's share of the pipe line relocation. M. Consider Acceptance of Additional Funds to City's Ventura County AAA Grant. Staff Recommendation: Accept the additional funding from the Ventura County Area Agency on Aging, and amend the Senior Center budget for FY 1992 -93 accounts (01.4.150.903 - Capital Projects and Minutes of the City Council Moorpark, California 6 May 5, 1993 01.4.150.623 - Supplies) to reflect the one time only funding increase from the Ventura County Area Agency on Aging of $2859.00 to pay for a dishwasher for the senior center ($2358) and miscellaneous volunteer recognition supplies ($500). N. Consider Acceptance of Work and Recordation of Notice of Completion for Softball Field Grading at Arroyo Vista Community Park (R &H Paving). Staff Recommendation: 1) Accept the work as completed; 2) Instruct the City Clerk to file the Notice of Completion; and 3) Authorize the release of the retention upon clearance of the thirty - five (35) day lien period. The following items were pulled from the Consent Calendar for individual consideration: B. Consider Resolution No. 93 -938, Revising Section 8111 -8 (Appeals) - to the City's Zoning Ordinance - City of Moorpark. Staff Recommendation: Adopt Resolution No. 93 -938, directing the Planning Commission to study, set a public hearing and provide a recommendation to the City Council pertaining to the proposed change to the City's Zoning Ordinance. In response to Mayor Lawrason, Mr. Aguilera said that by increasing the appeal period to 16 days it allows the City Council time to schedule consideration of a potential appeal of an item acted on by the Planning Commission at a regular Council meeting within the appeal period. Mr. Aguilera also clarified that prior to making the change that anyone could appeal a zone clearance decision not just the applicant. MOTION: Mayor Lawrason moved and Councilmember Perez seconded a motion to approve the staff recommendation to adopt Resolution No. 93 -938. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California 7 May 5, 1993 F. Consider Authorizing the Distribution of Requests for Proposals (RFP) for the Preparation of a Municipal Stormwater Management Program and a Master Drainage Study. Staff Recommendation: 1) Approve the RFP; 2) Authorize staff to distribute RFP to qualified consultants; and 3) Direct the Public Works, Facilities and Solid Waste Committee to assist with the review and evaluation of responders to the RFP and provide a recommendation regarding project funding. Mayor Lawrason indicated that he had pulled this item because the cost of this mandated program could be of tremendously significant impact. He said the City needs to take a stand on what's reasonable, although he realizes that this particular portion should be moved ahead. MOTION: Mayor Lawrason moved and Councilmember Wozniak seconded a motion to approve the attached request for proposal; to authorize staff to distribute the RFP to qualified consultants; and to direct the Public Works, Facilities and Solid Waste Committee to assist with the review and evaluation of responders to the RFP and to review options and provide a recommendation regarding project funding. The motion carried by unanimous voice vote. H. Consider Resolution No. 93 -939 Approving the Engineer's Report for AD 84 -2. Staff Recommendation: Adopt Resolution No. 93 -939 approving the Engineer's Report for AD 84 -2 for FY 1993/94. I. Consider Resolution No. 93 -940 Approving the Engineer's Report for AD 85 -1. Staff Recommendation: Adopt Resolution No. 93 -940 approving the Engineer's Report for AD 85 -1 for FY 1993/94. In response to Mayor Lawrason, Mr. Kueny indicated that part of the intent of the two staff reports was to call to the Council's attention options to be considered during the budget process. MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to approve the staff recommendation for both item 8.H. and 8.I., adopting Resolution No. 93 -939 for Assessment District 84 -2 and 93 -940 for Assessment District 85 -1. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California 8 May 5, 1993 J. Consider Support of Legislation to Modify National Pollutant Discharge Elimination System (NPDES_ Requirements. Staff Recommendation: Authorize the Mayor to send a letter to Congressman Gallegly voicing the City's support of this legislation. Councilmember Perez indicated he had pulled this item to suggest that in the letter to be sent by the Mayor to Congressman Gallegly voicing the City's support of this legislation, implementation should be emphasized. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve the staff recommendation that the City Council authorize the Mayor to send a letter to Congressman Gallegly voicing the City's support of this legislation and its implementation. The motion carried by unanimous voice vote. 9. PUBLIC HEARINGS: A. Consider Appeal No. 93 -2 - Northview Homeowners' Association - Appeal of Director of Community Development's Decision to Approve Minor Modification No 6 to RPD 851 on the application of Pardee Construction - Proposal Regarding Extension of Chimnev Chase with Sheet Metal Extension. Staff Recommendation: Deny the Appeal. Mr. Aguilera gave the staff report. Mayor Lawrason opened the public hearing. Linda Reed, 3907 Ashbourne Lane, spoke as a resident of the North View tract. She said her fireplace was inspected and three defects were found. She indicated that she is not a member of the North View Homeowners' Association and they do not represent her interests. Ms. Reed said she can live with the sheet metal and said the City should approve the proposed plan for treatment of the problem. Susan Elias, 13660 Shady Knoll Court, spoke regarding the fact that the proposed products that will be used to fix the chimney problem have not been tested and she believes that Pardee Construction is trying to coerce the City and the homeowners into accepting this solution to the problem. She requested that the Council reconsider the Director of Community Development's decision. Minutes of the City Council Moorpark, California 9 May 5, 1993 Bill Buol, 17435 Trailcrest, spoke regarding the chimney issue. He said he hoped the Council will approve the metal extensions. Gary Gayda, 13485 Cedarpine, spoke as a homeowner in the North View tract. He said he purchased his home because of the nice appearance of the community and he is not pleased about the look of the sheet metal chimney extensions. Mark Lapp, 13416 Cedarpine, spoke as a resident of the North View tract. He said he disliked the sheet metal extensions and stated that he will have a stucco extension put on at his own expense. Darren Kelsey, 4063 Blairwood, spoke as a new resident of the North View tract. He said he wants a stucco chimney and not a sheet metal extension. Ruth Farabaugh, 13543 E. Cedarpine, spoke as a resident of the North View tract. She said she has spoken with Wesley Lester of Pardee Construction and he indicated to her that Pardee will correct the chimney problem in whatever manner the City decides is the best one. Councilmember Wozniak said that he has also spoken with Mr. Lester and that Mr. Lester did not indicate that opinion to him. He said it appeared that residents were being told something different. Debi Ulis -Judd, 4047 N. Cedarpine, spoke as a resident of the North View tract and said she does not belong to the North View Homeowners' Association and that they do not represent her. She said she believes that each homeowner has to deal with this on an individual basis and that the City should not be involved. Bob Zastrow, 4132 Greenbush Lane, said he wants the appeal upheld for the stucco extension to be used. He said he plans on filing a class action suit. He thanked the City Council and staff for the time they have spent on this issue. Mayor Lawrason closed the public hearing. In response to Councilmember Perez, Mr. Aguilera said that under State law there would be a one year period during which the homeowner would have redress against the contractor. He further stated that if the appeal were Minutes of the City Council Moorpark, California 10 May 5, 1993 upheld and the minor modification denied Pardee would not be alleviated from the responsibility to the homeowner. He said it would be a homeowner /contractor problem. Councilmember Montgomery said he would support inserting the following language: "The homeowner to be allowed to approve or disapprove the sheet metal extension ". In response to Councilmember Hunter, Ms. Kane said it was not inappropriate to add an additional condition to the minor modification. Councilmember Wozniak indicated his support of the inclusion of the additional language suggested by Councilmember Montgomery. After further Council discussion, the following motion was heard: MOTION: Councilmember Perez moved and Mayor Lawrason seconded a motion to approve the staff recommendation to deny the appeal and uphold the Director's decision approving Minor Modification No. 6 to Residential Planned Development Permit No. 851. The motion carried by roll call vote 3 -2, Councilmembers Montgomery and Wozniak dissenting. Councilmember Montgomery requested the Council to consider refunding the fee for the appeal to the Homeowner's Association. MOTION: Councilmember Montgomery moved and Councilmember Hunter seconded a motion to approve the refund of the appeal fee less out of pocket expenses of $100. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the Mayor declared a recess. The time was 9:15 p.m. The Council reconvened at 9:53 p.m. B. Consider City Council Appeal No. 93 -4 of Planning Commissions Decision to Approve Appeal No 93 -1 Request to Modify Condition No. 9 for Time Extension for Project Inauauration of Residential Planned Development Permit No. 89 -4 (Minor Modification No 2) and Additional Two Year Extension to Vesting Tentative Tract Map No 4637. Staff Recommendation: Deny the applicant's request for a two year extension as follows: 1) Uphold the Director's denial of Minor Modification No. 2 to "Use inaugurate" Residential Planned Development Permit No. 89 -4; 2) Refuse to grant the extension of Vesting Minutes of the City Council Moorpark, California 11 May 5, 1993 Tentative Tract Map No. 4637; and 3) Overturn the Planning Commission action to approve a one -year extension to RPD 89 -4. Mr. Aguilera gave the staff report. Mayor Lawrason opened the public hearing. Tom Zanic, 520 Broadway, Santa Monica, spoke representing Urban West Communities. He provided background of the project and gave a letter to the Council which outlined the time extension request which his company is wanting the Council to consider. The request is as follows: 1. Regarding Vesting Tentative Tract Map No. 4637 - Approve a two year time extension to VTTM 4637. 2. Regarding RPD No. 89 -4 Minor Modification No. 2 - Approve Minor Modification No. 2 to RPD No. 89 -4 Condition No. 9 to allow a two year, instead of a one year, extension. 3. Regarding Council Appeal No. 93 -4 - Uphold the Planning Commission decision to approve Appeal No. 93 -1 for extension of RPD No. 89 -4. CONSENSUS: By consensus, the Council determined to waive the rules of procedure to receive information provided by Mr. Zanic. Ernesto Acosta, 11886 Alderbrook Street, said he supports the time extension which is being requested by Urban West Communities. Francis Okyere, 530 Moorpark Avenue, spoke representing the Moorpark Chamber of Commerce. He said he supports Urban West Communities' request for an extension. He expressed concern that if the Council denies the request, it will communicate to the business community that the City does not want commerce to thrive in the City. Sameerah Mateen, 120 South Spring Street, Los Angeles, spoke representing Caltrans. She said if the Council does not overturn the Planning Commission's action, Caltrans believes the requirements of the County Congestion Management Plan would apply. Minutes of the City Council Moorpark, California 12 May 5, 1993 Councilmember Montgomery expressed his appreciation that a Caltrans representative was present. He said developers are assessed a citywide mitigation fee for road improvements for their projects. Frank Gutierrez, 11531 Wildflower Court, spoke in support of the Urban West request for a time extension. Mayor Lawrason closed the public hearing. In response to Council question, Mr. Kueny suggested that if the Council were to approve an extension for both entitlements they might simply want to indicate extension to May 16th, 1995. Councilmember Montgomery indicated he would be inclined to approve the two year extension. Councilmember Perez said he concurred with Councilmember Montgomery. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to approve Minor Modification No. 2 to Residential Planned Development Permit No. 89 -4; to grant a two year extension of Vesting Tentative Tract Map No. 4637 and a two year extension to RPD 89 -4; extension for both applications to run to May 16, 1995. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the City Clerk stated it was time to reorder the agenda. CONSENSUS: By consensus, the Council determined to reorder the agenda to hear 9.C., 11.C., 11.D. and 11.H.; to continue 11.F. to the City Council meeting of May 19, and to continue the remainder of the items to the adjourned City Council meeting to be held on May 12, 1993. C. Consider Rescinding_ Ordinance No. 154 of McDonald's Corporation Zone Change No. ZC 93 -2 and the Adoption of Ordinance No. Designating the Zoning on a Portion of Assessor's Parcel No. 512 -0- 150 -380 (McDonald's Corporation Site) as Commercial Planned Development CPD . Staff Recommendation: 1) Open the public hearing and accept public testimony, 2) Determine that modification to the City's Zoning Ordinance is categorically exempt pursuant to the State CEQA Guidelines, Section 15061(b)(3). Minutes of the City Council Moorpark, California 13 May 5, 1993 Mr. Aguilera gave the staff report. Mayor Lawrason opened the public hearing. As there were no speaker cards for this item he then closed the public hearing. Ms. Kane said there were a couple of revisions to the ordinance and asked that the item be tabled until later in the evening. CONSENSUS: By consensus, the Council determined to table this item until later in the evening. 10. COMMENTS FROM COUNCILMEMBERS: Councilmember Perez wished everyone a Happy Cinco de Mayo. He complimented City staff and the Cinco de Mayo committee on a wonderful event held on Saturday, May 1. He also complimented Shelly Shellabarger and, John and Stephanie Casillas on their efforts during the event. Mayor Paul Lawrason commented on the superb job that Mr. Hare did in introducing prospective purchasers of the Litton facility to the City, its services and amenities. 11.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) This item was continued to the City Council meeting of June 12, 1993. 11.B. Consider Rectuest 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) This item was continued to the City Council meeting of May 12, 1993. 11.C. Consider Recommendations from Parks and Recreation Commission for Improvements to Virginia Colonv Park. Staff Recommendation: 1) Accept Parks and Recreation Commission recommendation for improvements at Virginia Colony Park; 2) Authorize staff to contract with Game Time for the tot lot play equipment and other amenities; 3) Authorize staff to contract with M D Structural Contractors for the installation of the playground Minutes of the City Council Moorpark, California 14 May 5, 1993 surfacing materials; and 4) Direct staff to purchase materials and equipment necessary for improvements, not to exceed $24,000, and begin construction of park. Ms. Adams gave the staff report. In response to Mayor Lawrason, Mr. Kueny said the City had not heard back from the School District regarding shared use of facilities. He said the half basketball court could be added to the park design if a shared use agreement could not be worked out with the School District. He suggested the Council might want to direct staff to bring back a status report for the first meeting in June. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to accept the Parks and Recreation Commission recommendation for improvements at Virginia Colony Park; to authorize staff to contract with Game Time for the tot lot play equipment and other amenities; to authorize staff to contract with MD Structural Contractors for the installation of the playground surfacing materials; to direct staff to purchase materials and equipment necessary for initial improvements not to exceed $24,000 for construction of the park; to prepare a status report for the Council on the discussions with the Moorpark Unified School District regarding shared use of facilities for the June 2 meeting. The motion carried by unanimous voice vote. CONSENSUS: By consensus, the Council determined to reconsider their prior action on 11.D. D. Consider Ordinance , to Amend Chapter 12.16 of the Moorpark Municipal Code Related to Parks. Staff Recommendation: 1) Introduce Ordinance , to amend Chapter 12.16 of the Moorpark Municipal Code Related to Parks; 2) Open Public Hearing; 3) Take Public Testimony; 4) Direct Staff to Incorporate City Council Comments; and 5) Close Public Hearing. Ms. Adams gave the staff report. Councilmember Perez questioned the need to include regulation of metal detectors in the ordinance. Councilmember Wozniak commented that those using metal detectors might dig in the parks causing a problem for the City. Minutes of the City Council Moorpark, California 15 May 5, 1993 Councilmember Hunter requested that the rollerblade language be clarified. CONSENSUS: By consensus, the Council determined to continue this item to the May 19, 1993 City Council meeting. They requested a new staff report and a copy of the revised ordinance be provided to them. 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. This item was continued to the City Council meeting of May 12, 1993. F. Consider Bids for the Construction of the Communit Building and Gymnasium at Arroyo Vista Community Park. Staff Recommendations: 1) Award a contract for the subject construction; 2) Approve a ten per cent contingency for the project; and, 3) Authorize the Mayor to sign necessary contract documents. This item was continued to the City Council meeting of May 19, 1993. G. Consider Authorizing the Distribution of Requests 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). This item was continued to the City Council meeting of May 12, 1993. H. Consider Review of Ordinance 153 (Vacancy Rent Control in Mobilehome Parks. Staff Recommendation: Direct staff as deemed appropriate. Mr. Hare gave the staff report. He indicated that staff is investigating a complaint against the Villa del Arroyo Mobilehome Park regarding five year lease agreements. Don Grenier, 3681 Valencia, stated that he has a claim against the mobilehome park owners. He said he is being required to sign a 5 year lease which would circumvent the City's Vacancy Control Ordinance. Minutes of the City Council Moorpark, California 16 May 5, 1993 In response to Mr. Hare, Mr. Grenier reported that Forest Ross was the seller of the property which he was purchasing. Councilmember Montgomery stated his belief that the owner is blatantly disregarding the City's ordinance after causing the City to hold an election costing more than $20,000. Councilmember Montgomery indicated that he believed the Council should direct the City Attorney to investigate the current situation and pursue any and all recourse in regard to obtaining compliance with the existing City ordinance. In addition, he said the rent control ordinance needs to be reviewed as there is a sunset clause taking effect in July. He said speed is of the essence as Mr. Grenier's property is in escrow. In response to Council question, Ms. Kane indicated that if she was provided the proper information she could bring this matter back to the Council for consideration at their adjourned meeting to be held on May 12, 1993. MOTION: Councilmember Montgomery moved to direct the City Attorney to investigate the Villa del Arroyo management company relative to compliance with the City's vacancy rent control ordinance compliance and to pursue any and all legal recourse in this matter. NO SECOND TO THE MOTION WAS MADE. CONSENSUS: By consensus, the Council directed that a report from the City Attorney should be prepared relative to this matter for the adjourned meeting on May 12, 1993. AT THIS POINT in the meeting, the Council determined to consider Item 9.C. C. Consider Rescinding Ordinance No. 154 of McDonald's Corporation Zone Change No. ZC 93 -2 and the Adoption of Ordinance No. Designating the Zoning on a Portion of Assessor's Parcel No. 512 -0 -150 -380 (McDonald's Corporation Site) as Commercial Planned Development CPD . Staff Recommendation: 1) Open the public hearing and accept public testimony, 2) Determine that modification to the City's Zoning Ordinance is categorically exempt pursuant to the State CEQA Guidelines, Section 15061(b)(3). Minutes of the City Council Moorpark, California 17 May 5, 1993 Ms. Kane read revisions to the ordinance and then read the ordinance title: 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 declare Ordinance No. 165 introduced for first reading. The motion carried by unanimous voice vote. 12.A. Consider Ordinance No. 163 for second reading and adoption of Amending the Moorpark Zoning Ordinance by Adding Article 16, Density Bonus Provisions, and Revising Sections 8103 -1.3 and 8109 -2.3 Pertaining to Residential Planned Development (R -P -D) Zone Density and Development Standards. This item was continued to the City Council meeting of May 12, 1993. 12.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. This item was continued to the City Council meeting of May 12, 1993. 12.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. This item was continued to the City Council meeting of May 12, 1993. 13. FUTURE AGENDA ITEMS: Councilmember Perez requested that the Moorpark Unified School District's request for a joint committee to review the Community Youth Officer be agendized after additional information is received from the District. Minutes of the City Council Moorpark, California 18 May 5, 1993 Councilmember Montgomery requested that co- sponsorship of the MACC concert and recognition of the citizen who came to the aid of another citizen being robbed in the Hughes parking lot be agendized. 14. CLOSED SESSION: MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to adjourn to Closed Session for a discussion of all items listed on the agenda: A. Personnel. B. Potential litigation pursuant to Government Code Section 54956.9 (b) (1) . C. Potential litigation pursuant to Government Code Section 54956.9(c). D. 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. AT THIS POINT in the meeting a recess was declared. The time was 11:20 p.m. The Council reconvened in Closed Session at 11:30 p.m. Minutes of the City Council Moorpark, California 19 May 5, 1993 Present in Closed Session were all Councilmembers, Steven Kueny, City Manager; Richard Hare, Deputy City Manager; and Cheryl Kane, City Attorney. The meeting reconvened into Open Session at 11:30 p.m. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to reject the claim of 1) Louise Huizenga; 2) Burnan Family Trust /General Partner of Urban West Communities (relative to Kirk J. Busch claim) and directed staff to properly notify the claimants. The motion carried by unanimous voice vote. Mr. Kueny reported there was no action to report out of Closed Session and only items 14.B., 14.E., 14.G., and 14.H. had been discussed. 15. ADJOURNMENT: MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to adjourn the meeting to May 12, 1993 at 6:15 p.m. The motion carried by unanimous voice vote. The time was 12:12 a.m. Paul V. Lawra an' Jr., Mayor ATTEST: