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HomeMy WebLinkAboutMIN 1993 0519 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California May 19, 1993 A Regular Meeting of the City Council of the City of Moorpark was held on May 19, 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 7:14 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Art Melendez. 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; Christine Adams, Director of Community Services; Ken Gilbert, Director of Public Works; Cheryl Kane, City Attorney; Lieutenant Geoff Dean, Sheriff's Department; Mary Lindley, Assistant to the City Manager; Dirk Lovett, Assistant City Engineer; Paul Porter, Senior Planner; Don Reynolds, Administrative Services Manager; Jill Rubin, Management Analyst; Lillian Hare, City Clerk; Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Presentation of Certificates of Appreciation for the Spring Clean Up Day. Mayor Lawrason, assisted by Jill Rubin, Management Analyst, presented certificates to the Moorpark Chamber of Commerce, the Moorpark Rotary Club, the Simi Valley Landfill and Recycling Center, and Martin V. Smith and Associates, and recognized four franchise refuse companies and their staff for providing service at all Clean Up Day events -- Anderson Rubbish, E. J. Harrison & Sons, G. I. Rubbish Company and Rubbish Control. B. Recognition of Citizen's Heroism - Art Melendez. Mayor Lawrason presented a certificate of recognition to Art Melendez for his heroism in foiling a robbery attempt against a local resident in the Moorpark Town Center. Minutes of the City Council Moorpark, California 2 May 19, 1993 C. Proclamation to Recognize Future Business Leaders of America at Moorpark High School for their participation in the FBLA State Leadership Conference. Mayor Lawrason presented certificates of recognition to Jason Gray, Winnie Kwan, Danny Lorenzen, Nimesh Narayan, Tom Niday, Andrew Philip, Jordan Sickman, Shaily Travedi, and Josh Uretsky. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONSENSUS: By consensus, the Council determined to hear item 8.F. following Item 9.A. 6. PUBLIC COMMENT: Connie Lawrason, 4291 Ambermeadow Street, stated that she had attended a rally in Simi Valley regarding the Keep Local Taxes Local campaign. She indicated that she is circulating a petition that is supporting the local fire department and opposition to more taxes. She also mentioned that postcards are being circulated to oppose the budget cuts for the Ventura County Sheriff's Department. Mrs. Lawrason also indicated that a street cleaning schedule is needed in the City and, lastly, she reminded the Councilmembers that their rules of procedure state they will complete their meetings by midnight and not consider any new agenda items past 11:00 p.m. during the meeting. Shirley Bradley, 2335 N. Oxnard Blvd, Oxnard, spoke representing the Carlson Company. She represented the owner of the Town Center. She said the center is trying to attract national tenants and the existing signage is outdated. She said they agree with staff's recommendation that the three monument signs would create too much clutter so they are requesting two monument signs and one pylon sign. Mayor Lawrason said he intends to pull this item from the Consent Calendar for discussion. Colin Humphrey, 4436 Sunrisemeadow, commented on Item 8.E., signage at the Moorpark Town Center. He said he is planning to open a Fast Frame store in the center and that the center has an identity problem because the signage needs to be remedied. Minutes of the City Council Moorpark, California 3 May 19, 1993 Roseann Mikos, 14371 E. Cambridge Street, invited the Councilmembers, City Manager and the public to attend a workshop regarding proposed development at Happy Camp Canyon Park. The workshop is scheduled for May 24 from 7:00 p.m. - 9:00 p.m. at Campus Canyon Elementary School. She also indicated that she had wanted to address the joint session of the Planning Commission and City Council on Monday evening and she was not allowed to do so. She believes the public should be allowed to address the Council during special joint meetings. Vi Johnson, 4360 Brookdale Lane, thanked the Councilmembers and the community for their support in initiating the Community Garden. Errol Hale, 4330 Deepwell Lane, spoke as pastor of the Shiloh Community Church. He said he will address the Council at the time of the Public Hearing. Alfredo DeLeon, 36 Harry Street, asked questions regarding the construction of the walls on Sherman Avenue. He said there are drainage problems that are a result of this construction and he would like to see what can be done to correct the situation. Councilmember Perez asked staff to investigate the situation relative to drainage. Ethel Sulkis, 270 Sierra Avenue, spoke regarding graffiti abatement. She said she would like to know why the graffiti in the area of her home cannot be removed by the City. Mayor Lawrason said he would like to have staff look into this and whether or not, under current policy, the City can remove the graffiti. Nick Brown, 8929 Wilshire Blvd, Beverly Hills, spoke representing West America /Moorpark West. He spoke regarding Item S.S. and requested revision of condition numbers 16 and 17. Gerald Goldstein, 11932 Los Angeles Avenue, spoke regarding qualifications of Planning Commissioners. He also commented that City vehicles should not occupy the parking lot during large meetings at the Community Center. Minutes of the City Council Moorpark, California 4 7. COMMITTEE REPORTS: May 19, 1993 Councilmember Wozniak reported that he attended the TPPC meeting on Monday. Councilmember Montgomery reported he attended the Animal Regulation Commission and a memo would be forthcoming to the Council. 8. CONSENT CALENDAR: MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to pull items 8.A., Minutes of the Joint Meeting of the City Council and Parks and Recreation Commission of March 8, 1993, the Minutes of the Town Hall Meeting of April 17, 1993, 8.E., 8.H., 8.N. and 8.S. and to adopt the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of the Special City Council Meeting of May 5, 1993. Consider Approval of Minutes of the Regular City Council Meeting of April 21, 1993. Consider Approval of Minutes of the Special City Council Meeting of April 21 1993. Consider Approval of Minutes of the Regular City Council Meeting of April 7 1993. Staff Recommendation: Approve minutes as processed. B. Warrant Register Manual Warrants 20184 -20190 $ 172,463.07 Voided Warrants 20140 $(170,742.96) Regular Warrants 20199 -20319 $ 565,689.40 C. _Consider Development Plan No 318 - Minor Modification No. 1 on the Application of Fred Kavli - Modification to Du11U 1110.1, Kull -up Uoor, Loaaing zone and Additional Curt Cut Along Los Angeles Avenue. Staff Recommendation: Receive and file the report. Minutes of the City Council Moorpark, California 5 May 19, 1993 D. Vesting Tentative Tract Map No. 4773 - Minor Modification No 1 - Abe Guny. Consider request to reduce number of lots from 4 to 3. Staff Recommendation: Receive and file the report. F. Consider PD -290 (Litton Industries), Minor Modification Number 4 - Request to remove a six hundred (600) square foot tilt up concrete building. Staff Recommendation: Receive and file the report. G. Consider Adoption of Resolution No. 93 -941, Approving the City's Multihazard Functional Plan. Staff Recommendation: Adopt Resolution No. 93 -941 approving the City's Multihazard Functional Plan. I. Consider Authorization to Advertise for Receipt of Bids for the Construction of Parkway Landscaping at the following locations: 1) North Side of Los Angeles Avenue Between Spring and Millard; 2) North Side of Los Angeles Avenue from a Point East of Shasta to a Point West of Goldman; 3) South side of Poindexter Avenue from a Point East of Sierra Easterly approximately six hundred feet; and, 4) East Side of Spring Road from Peach Hill Road northerly approximately six hundred feet. Staff Recommendations: 1) Approve the plans and specifications for the subject project and authorize staff to submit an application to Caltrans for an encroachment permit for those areas within the State right -of -way; 2) Authorize staff to advertise for receipt of bids upon receipt of said permit(s). J. Consider Resolution No. 93 -942 Repealing Section 2 of Resolution No. 85 -176 and Deletina the Existina BUS STOP on the South Side of Casey Road. Staff Recommendation: Adopt the Resolution No. 93 -942 repealing Section 2 of Resolution No. 85 -176 which established a BUS STOP on Casey Road. K. Consider Resolution No. 93 -943 Authorizina the Placement of Four -Way STOP SIGNS at the intersection of Mountain Trail Street (West) and Mountain Meadow Drive. Staff Recommendation: Adopt Resolution No. 93 -943 directing the placement of Four -Way STOP SIGNS at the intersection of Mountain Trail Street (west of Tierra Rejada Road) and Mountain Meadows Drive. Minutes of the City Council Moorpark, California May 19, 1993 L. Consider Resolution No. 93 -944 Establishing NO STOPPING ANYTIME Zones on the Arroyo Vista Community Park Access Road. Staff Recommendation: Adopt Resolution No. 93 -944 establishing NO STOPPING ANYTIME on the Arroyo Vista Community Park Access Road and no overnight parking in the park parking lots. M. Consider Improvement Bond Exoneration for LDM -10 (Moorpark West). Staff Recommendation: 1) Accept the subdivision improvements for LDM -10 as complete; 2) Authorize the City Clerk to exonerate the bonds. O. Consider Approval of North Meadows Plav Eauipment. Staff Recommendation: Accept the design proposed by the Parks and Recreation Commission and direct staff to purchase said equipment not to exceed the Gann appropriation of $5,000, prior to June 30, 1993. P. Consider the Community Development Committee Recommendation to Tour the Carlsberg Property. Recommendation: Receive and file the report. Q. Consider Opposition to Assembly Bill 413 Capital Improvement Planning. Staff Recommendation: Authorize the Mayor to write a letter expressing the City's opposition. R. Consider Authorizing Staff to Submit an Application for Federal STP Funds for Projects of Regional Significance for the 1) Widening of Los Angeles Avenue from a Point East of Tierra Rejada Road to a Point West of Liberty Bell Road; and 2) the Construction of a Traffic Signal at the Intersection of Tierra Rejada Road and Moorpark Road. Staff Recommendation: Authorize staff to submit a grant application. T. Consider Certification to the Public Employees' Retirement System and Authorization to Proceed with a Thirty Year Actuarial Analysis. Staff Recommendation: Authorize the Mayor to certify to the PERS Board that the City will continue to exist even if there is a statutory limit on its funding sources; direct PERS to proceed with the thirty year actuarial analysis of the City's obligations. Minutes of the City Council Moorpark, California 7 May 19, 1993 The following items were pulled from the Consent Calendar for individual consideration: Consider Approval of Minutes of the Joint Meeting of the City Council and Parks and Recreation Commission of March 8, 1993. Consider Minutes of the Town Hall Meeting of April 17. 1993. Councilmember Hunter indicated he was absent for the aforementioned meetings and would not be voting on approval of the minutes for these meetings. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to approve the minutes of the joint meeting of the City Council and the Parks and Recreation Commission of March 8, 1993 and the Minutes of the Town Hall Meeting of April 17, 1993. The motion carried by voice vote 4 -0, Councilmember Hunter abstaining from the vote. E. Consider PD -980, Minor Modification Number 7 - Moorpark Town Center (Carlson Company) revisions to the Town Center Sign Program. Staff Recommendation: Receive and file the report. CONSENSUS: By consensus, the Council determined to accept the additional rendering. In response to Mayor Lawrason, Mr. Aguilera confirmed that the wall signs will be six feet tall and that the sign ordinance would restrict the maximum sign height to four feet. In response to Councilmember Hunter, Mr. Aguilera indicated that the sign ordinance would be placed on the Council agenda for the first meeting in July. Mayor Lawrason indicated that if there was a possibility of reducing the monument signs, he would consider the pylon sign because of the precedence set by the Mission Bell Plaza project. In response to Mr. Hunter, the applicant, Shirley Bradley (representing the Carlson Company), clarified that the signs would be placed as follows: Minutes of the City Council Moorpark, California 8 May 19, 1993 One monument sign in front of the Clothestime pad, a pylon sign at the first entrance west of Moorpark Avenue on Los Angeles Avenue, and the monument sign at the entrance on Moorpark Avenue. Councilmember Montgomery indicated his support of staff's position because of his concerns regarding the location of the pylon sign. Councilmember Hunter indicated that he supports the pylon sign in lieu of a monument sign and would vote to overturn the Director's decision. MOTION: Mayor Lawrason moved and Councilmember Hunter seconded a motion to appeal the Director's decision. The motion carried by roll call vote, 3 -2, Councilmembers Montgomery and Perez dissenting. CONSENSUS: By consensus, the Council determined to schedule a public hearing for June 16, 1993. H. Consider Bids for the 1993 Slurry Seal Project Staff Recommendation: 1) Award a contract to American Asphalt Repair and Resurfacing Company for the subject work in the amount of $248,932.90; 2) Approve a ten percent contingency for the project and authorize the City Manager to approve additional work, if required, for an amount not to exceed ten per cent of the contract; and, 3) Authorize the Mayor to sign necessary contract documents. In response to Mayor Lawrason, Mr. Gilbert indicated that this item had exceeded budget because the list of streets needing slurry seal had expanded and the cost was a result of the number of streets and the amount of material needed for the slurry seal project. Mr. Gilbert indicated that the project was funded by gas tax. MOTION: Mayor Lawrason moved and Councilmember Perez seconded a motion to approve the staff recommendation to award a contract for the 1993 Slurry Seal project to American Asphalt Repair and Resurfacing Company, Inc. in the amount of $248,932.90; appropriate an additional $140,000 from the gas tax fund; approve a 10 percent contingency for the project and authorize the City Manager to approve additional work if required for an amount not to exceed 10 percent of the contract price; authorize the Mayor to sign the necessary contract documents. The motion carried by unanimous roll call vote. Minutes of the City Council Moorpark, California 9 May 19, 1993 N. Consider Proposal from Video Max to Develop a Two Minute Opening Segment to Precede All City Council and Commission Meetings. Staff Recommendation: Approve proposal from Video Max and direct staff to coordinate production and approve a budget transfer of $988.00 from account no. 118.623 to no. 118.661. Councilmember Hunter stated that $643 should be transferred from Account No. 01.4.118.623 to Account No. 01.4.118.661. MOTION: Councilmember Hunter moved and Councilmember Montgomery seconded a motion to approve a budget transfer of $643 from Account No. 01.4.118.623 to account no. 01.4.118.661 and to direct staff to coordinate the production. The motion carried by unanimous voice vote. 9. PUBLIC HEARINGS: A. Consider Public Hearing for Zone Change 93 -1 (Moorpark West) on Industrial Planned Development Permit No. 90 -11 (Lot 23 of Parcel Map No. LDM -10 - APN 511 -0- 162 -01 - A Request to Change Zoning from M -2 (Limited Industrial) to M -1 (Industrial Park). Staff Recommendation: 1) Cpai the public hearing and accept public testimony; 2) Determine that the proposed Zone Change is consistent with the General Plan; 3) Determine that the proposed Zone Change is categorically exempt pursuant to State CEQA Guidelines pursuant to Section 15061 (b) (3) in that the proposed amendments to the Zoning Ordinance do not have the potential for causing a significant effect on the environment; 4) Close the public hearing and introduce for first reading Ordinance No. approving Zone Change No. 93 -1 from M -2 to M -1. Mr. Porter gave the staff report. Mayor Lawrason opened the public hearing. Errol Hale, 4330 Deepwell Lane, spoke representing the Shiloh Community Church. He thanked the City staff for their helpfulness in gaining permit approval and accomplishing the zone change. Mayor Lawrason closed the public hearing. Minutes of the City Council Moorpark, California 10 May 19, 1993 MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to determine that the proposed zone change is consistent with the General Plan; to determine that the proposed zone change is categorically exempt pursuant to state CEQA guidelines pursuant to section 15061 (b) (3) in that the proposed amendments to the zoning ordinance do not have the potential for causing a significant effect on the environment. The motion carried by unanimous voice vote. CONSENSUS: By consensus, the Council determined to table the introduction of the zone change ordinance until after consideration of item 8.S. 8.S. Consider Industrial Planned Development Permit No. IPD No. 90 -11 Minor Modification No. 3 (Moorpark West /Shiloh Church). Staff Recommendation: Receive and file the report. Mr. Porter deferred the staff report. CONSENSUS: By consensus, the Council determined to receive additional information provided by Nick Brown relating to revised conditions numbers 16 and 17. Nick Brown, 8929 Wilshire Boulevard, Beverly Hills, addressed the Council. He indicated that it was his intention to record the lease agreements or easements. Mr. Kueny suggested in condition 17 "or other documents to the satisfaction of the Director of Community Development" after memorandum of lease or easement. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to receive and file the report with the modification to the conditions as proposed by Nick Brown and amended by the City Manager. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California 11 May 19, 1993 9.A. Consider Public Hearing for Zone Change 93 -1 (Moorpark West) on Industrial Planned Development Permit No. 90 -11 (Lot 23 of Parcel Map No. LDM -10 - APN 511 -0- 162 -01 - A Request to Change Zoning from M -2 (Limited Industrial) to M -1 (Industrial Park). Staff Recommendation: 1) Open the public hearing and accept public testimony; 2) Determine that the proposed Zone Change is consistent with the General Plan; 3) Determine that the proposed Zone Change is categorically exempt pursuant to State CEQA Guidelines pursuant to Section 15061 (b) (3) in that the proposed amendments to the Zoning Ordinance do not have the potential for causing a significant effect on the environment; 4) Close the public hearing and introduce for first reading Ordinance No. approving Zone Change No. 93 -1 from M -2 to M -1. Ms. Kane read changes to the ordinance. Ms. Kane then read the title to the ordinance. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to read the ordinance title. The motion carried by unanimous voice vote. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to waive further reading and declare Ordinance No. 167 read for the first time and introduced as read. 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 Council reconvened at 9:20 p.m. 9.B. Consider Ordinance No. Eliminating Smoking in Work Places and Enclosed Public Places. Staff Recommendation: Open and close the public hearing and review the draft ordinance and instruct staff to make the appropriate changes for first reading on June 2, 1993. Mr. Aguilera gave the staff report. In response to Councilmember Hunter, Mr. Aguilera indicated that "cocktail lounge" had been deleted and that the definition used would be "public premise" as defined in the ABC Act. In response to Councilmember Hunter, Mr. Aguilera said that in determining a percentage for incidental food sales, there is no real empirical data that can be used. Minutes of the City Council Moorpark, California 12 May 19, 1993 Mayor Lawrason opened the public hearing. The City Clerk indicated there were 23 speaker cards and that 3 letters of opposition had been received from Roselee Teal, Renee Mayfield, and Charles Amot. CONSENSUS: By consensus, the Council determined to make all letters and petitions previously received part of the record. Connie Lawrason, 4291 Ambermeadow Street, spoke in favor of the nonsmoking ordinance. John Gustafson, 79 High Street, spoke as owner of the Whistle Stoppe Restaurant. He said he had previously submitted a petition against the non - smoking ordinance and would like the petition to be part of the public record. He also asked to be involved in the process of defining a "bar" (Section 7.C. of the proposed ordinance). CONSENSUS: By consensus, the Council determined to make previously received communications and petitions part of the public record. Marita Cunningham, 1 GTE Place, Thousand Oaks, spoke regarding GTE's smoking policy. She indicated that as of July 1, 1993, all GTE facilities will be smokefree. She spoke in favor of the proposed ordinance. Nan Waltman, 3210 Foothill Road, Ventura, spoke representing the Ventura County Public Health Agency. She provided a brief slide presentation showing the effect of nonsmoking ordinances on businesses. She spoke in favor of the proposed ordinance and encouraged the members of the City Council to adopt it. Kenneth D. Sherman, 15460 Dracena Avenue, spoke in favor of the nonsmoking ordinance. Paul J. Mole, 1951 Erringer Road, Simi Valley, spoke as the owner of Paul's Italian Villa. He said his restaurant recently adopted a nonsmoking policy and he said his sales increased because patrons no longer have to wait for nonsmoking tables. Fred Bysshe, 30 South California, Ventura, spoke representing the Ventura County Smoking Action Coalition. He said Moorpark is the place to start with this ordinance. Minutes of the City Council Moorpark, California 13 May 19, 1993 Marilyn Green, 4593 Heatherglen Street, spoke as a resident and said she is the Coordinator of Special Projects at MUSD. She stated that she is not representing the Moorpark Unified School District, but is speaking as a Moorpark resident. She spoke in favor of the nonsmoking ordinance. Tom Pfeifer, 2856 Buff Circle, Simi Valley, said he is a member of the American Cancer Society and is a smoker. He continued to say that he believes it is his right to smoke, but that nonsmokers have rights, too. He favors the proposed ordinance. Consuelo Volke, 11744 Buttercreek Road, said she resents "out of town speakers" coming to tell the residents of Moorpark what they should do. She spoke in favor of smokers' rights and against the proposed ordinance. Ernie Bergman, 600 Spring Road, stated that the businesses in the community should not be jeopardized due to the adoption of an ordinance. He indicated that the first paragraph of page 11, Code Enforcement of a Violator, causes him some concern. He provided the City Clerk with information to be given to the Councilmembers. Gregory D. Mitchell, 4754 Elderberry Avenue, was not present to speak. Sandy Katzel, P. O. Box 266, Ventura, said she has worked in the past as a waitress and has suffered health problems due to exposure to secondhand smoke. She spoke in favor of the nonsmoking ordinance. The City Clerk stated it was time for reordering of the agenda. CONSENSUS: By consensus, the Council determined to defer reordering the agenda until after the last public speaker for Item 9.B. Gerald Goldstein, 11932 Los Angeles Avenue, spoke in favor of the nonsmoking ordinance except in bars. Jeanne Scott, 1837 Burning Tree Drive, Thousand Oaks, stated that her mother died of the results of secondhand smoke. She spoke in favor of the nonsmoking ordinance. Richard Symchak, 13647 Blacksmith Court, spoke in favor of the nonsmoking ordinance. Minutes of the City Council Moorpark, California 14 May 19, 1993 Esther Schiller, 419 Blackhawk Drive, Newbury Park, spoke in favor of the nonsmoking ordinance. She provided information to the Clerk to be given to the Councilmembers. Linda Symchak, 13647 Blacksmith Court, spoke in favor of the nonsmoking ordinance. Kathy Danza, 13751 Christian Barrett Drive, encouraged support for the nonsmoking ordinance. Eloise Brown, 13193 Annette Street, said the City should be fair and let the businesses decide for themselves whether or not they will adopt smoking or nonsmoking policies. She stated that tax monies are being used at the County level to formulate a countywide nonsmoking ordinance and she felt that to be improper use of tax funds. Jerry Sheridan, 233 High Street, spoke as owner of the Time Out Tavern in Moorpark. He commented that he is in favor of the ordinance, but said the ordinance as presently worded will create financial hardship for him in conforming to its conditions. He said it should be the restaurateur's choice as to whether they want a smoking or nonsmoking policy. Toni Armstrong, 13890 Bear Valley Road, said she believes some negotiations with local businesses are necessary, but that she does favor the ordinance. Robert Coughlon, 11955 Silvercrest Street, spoke in support of the nonsmoking ordinance. Manny Sandja, 945 Cayo Grade Court, Newbury Park, spoke as owner of Manny's E1 Taco de Mexico restaurant. He urged the Council to adopt the ordinance. CONSENSUS: By consensus, the Council determined to leave the public hearing open on this item. AT THIS POINT in the meeting, the Council reordered the agenda. CONSENSUS: By consensus, the Council determined to continue 11.A., 11.C., 11.F. to an adjourned meeting to be held on May 26, 1993 and to continue with the balance of the agenda. Minutes of the City Council Moorpark, California 15 CONTINUING WITH ITEM 9.B. May 19, 1993 Councilmember Montgomery indicated that while he does smoke he supports the nonsmoking ordinance. Councilmember Wozniak indicated his support of the nonsmoking ordinance and indicated that he would not like to see the process of enacting the ordinance slowed down or stopped in any way. Councilmember Hunter indicated that he enthusiastically supports the ordinance. He said he is, however, sympathetic to the concerns of business owners and would like their opinions to be heard. Councilmember Perez said he supports the ordinance and also that he would like the businesses to be able to provide input. Mr. Aguilera requested to be able to go through several points with the Council and obtain their direction. 1. What percent of food sales constitutes a restaurant or a bar? Mr. Aguilera said the 25% figure used by staff was arbitrary and further direction was needed but this item could be decided after meeting with the affected business owners. 2. Mr. Aguilera confirmed that the Council had given direction to add "bars" to the smoking optional areas. 3. How many no smoking signs should be required and relative to the inside of a building, where should they be posted? In response to Mayor Lawrason, Ms. Kane went over technical inconsistencies regarding the language of the proposed ordinance as outlined in her memo. In response to Mayor Lawrason, Mr. Aguilera indicated staff had the necessary direction to correct inconsistencies in the language of the ordinance. Mr. Wozniak said staff needed to revise the ordinance to make it as concise as possible. Minutes of the City Council Moorpark, California 16 May 19, 1993 4. Should section relating to regulating tobacco sales be deleted. CONSENSUS: By consensus, the Council determined to delete this section. 5. Should the public education section be deleted and reference to governmental agency cooperation? CONSENSUS: By consensus, the Council determined to delete this section from the ordinance. 6. The section of the ordinance dealing with the licensing and fees for tobacco sales, should this be deleted? CONSENSUS: By consensus, the Council determined to delete this section. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to continue the public hearing to June 16, 1993; the public comment portion of the public hearing to remain open; to refer this matter to the Economic Development /Affordable Housing Committee (Hunter and Perez) for discussion with representatives from the Time Out Tavern, Wood Ranch Barbecue, Chuy's, and the Whistle Stoppe. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, a recess was declared. The time was 11:55 p.m. 11. ACTION /DISCUSSION ITEMS: A. 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 to Tri -Build Development for the bid amount of $1,755,008.00; 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 May 26, 1993. Minutes of the City Council Moorpark, California 17 May 19, 1993 B. Consider Request to Construct Additional Property Walls at the Northwest Corner of Los Angeles Avenue and Spring Road. Staff Recommendation: 1) Approve the proposed construction of the additional rear property walls as deemed necessary; 2) Authorize staff to process and approve a Contract Change Order to the L. A. Avenue Property Wall Project (DWM Construction, Inc.) for said work, in an amount not to exceed $22,000; and, 3) Approve a revised construction contingency for the project to ten percent (10 %) of the revised construction cost estimate. Mayor Lawrason expressed his concern over the cost of the project and the cost to extend the wall. Councilmember Perez indicated his support for the staff recommendation. He said the extension of the wall would be an enhancement to the rear of properties that are part of a visible gateway to the City. In response to Mayor Lawrason, Mr. Gilbert indicated that the original estimate was $300,000. Councilmember Montgomery indicated that he believed this was an important intersection in the City and that the wall was important. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to approve the proposed construction of additional rear property walls along the rear of properties located at 480 Sherman Avenue and 36 Harry Street contingent upon the receipt of the landscape easements from the DeLeon's and Burkharts; to authorize staff to process and approve a contract change order to the Los Angeles Avenue property wall project with DWM Construction for said work, in an amount not to exceed $22,000 and to approve a revised construction contingency for the project to 10% of the revised construction cost estimate. The motion carried by a voice vote 4 -1, Mayor Lawrason dissenting. Mayor Lawrason indicated that his dissenting vote reflected his concern regarding the increased cost of the project. Minutes of the City Council Moorpark, California 18 May 19, 1993 C. Consider Ordinance No. to Amend Chapter 12.16 of the Moorpark Municipal Code Related to Parks. Staff Recommendation: Introduce Ordinance No. , to amend Chapter 12.16 of the Moorpark Municipal Code Related to Parks. This item was continued to May 26, 1993. D. Consider Resolution No. 93- to Direct the Planning Commission to Conduct Public Hearings Regarding Zoning Ordinance Section 8107 -1.7 and Consider Approving an Emergency Ordinance to Temporarily Prohibit Construction of Second Dwelling Units in Residential Zones. Staff Recommendation: 1) Approve Resolution No. 93- directing the Planning Commission to consider amending Section 8107 -1.7 of the Moorpark Zoning Ordinance in order to include these changes as a part of the overall amendment to the zoning ordinance currently being processed; 2) That the City Council consider enacting an emergency ordinance (per Government Code Section 65858) to protect the public safety, health and welfare by prohibiting second dwelling units, in order to allow the Planning Commission, staff, and the City Council time to consider a study of the zoning ordinance section. Mr. Aguilera gave the staff report. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adopt Resolution No. 93 -945 directing the Planning Commission to conduct public hearings regarding Zoning Ordinance Section 8107 -1.7. The motion carried by unanimous voice vote. Ms. Kane read the proposed urgency ordinance to temporarily prohibit construction of second dwelling units in residential areas in its entirety. MOTION: Councilmember Hunter moved and Councilmember Perez seconded a motion to declare the urgency ordinance read and adopted as read. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California 19 May 19, 1993 E. Consider Co- Sponsorship of Proposed MACC Concert. Staff Recommendation: Direct staff as deemed appropriate. Councilmember Wozniak said he supports the City co- sponsoring the event with MACC; however, he indicated that the proposal must state that it is for community - wide benefit. He said it must be a cooperative effort between the City, School District and MACC. In response to Councilmember Montgomery, Ms. Waters clarified that MACC is not looking for a monetary contribution. She said what they are looking for is support and the City's ability to waive certain fees and expedite certain processes. Councilmember Montgomery said he could support the co- sponsorship. In response to Councilmember Perez, Ms. Waters said MACC would be insured for the event under the MUSD insurance and she was not sure whether that insurance would allow the designation of the City as an additional insured. She indicated that MACC would gladly pay for a rider on the City's insurance if that were possible. Mayor Lawrason indicated that conceptually he could support the event. Councilmember Hunter indicated he could support the event, but he would like a clear definition as to what the City's role was to be. CONSENSUS: By consensus the Council determined that "out of pocket costs should be reimbursed to the City. In response to Councilmember Hunter, Ms. Waters confirmed that MACC was not requesting sponsorship from the City for subsequent years. MOTION: Councilmember Montgomery moved and Mayor Lawrason seconded a motion to agree to conceptually co- sponsor the event; to appoint the Public Works, Facilities and Solid Waste Committee to work with MACC; to process the application as a special use permit; to defer fees, with special reimbursement to follow the event. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California 20 May 19, 1993 12. ORDINANCES: A. Consider Ordinance No. 165, - An Ordinance of the City of Moorpark, California Changing the Zoning Designation (ZC 93 -2) on Assessor's Parcel Number 512 -0- 150 -380 (McDonald's Corporation Project Site) from C -2 (General Commercial) to the Zoning Designation of CPD (Commercial Planned Development) - Second Reading. 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 Montgomery seconded a motion to waive further reading and declare Ordinance No. 165 read for the second time and adopted as read. The motion carried by unanimous voice vote. B. Consider Ordinance No. for first reading - 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 Ordinance No. for first reading. Mr. Kueny indicated there were some changes to be made and requested the Council to continue this matter to the adjourned meeting of May 26, 1993. CONSENSUS: By consensus, the Council determined to continue this item to the adjourned meeting of May 26, 1993. 13. FUTURE AGENDA ITEMS: None. 14. CLOSED SESSION: 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). Minutes of the City Council Moorpark, California 21 May 19, 1993 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) A Closed Session was not held. 14. ADJOURNMENT: MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to adjourn the meeting to May 26, 1993 at 6:15 p.m. The motion carried by unanimous voice vote. The time was 1:20 a.m. Paul W. - tawrason J ', Mayor ATTEST: Lillian E. Hare, City C