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HomeMy WebLinkAboutMIN 1993 0526 CC ADJMINUTES OF THE CITY COUNCIL Moorpark, California May 26, 1993 An Adjourned Regular Meeting of the City Council of the City of Moorpark was held on May 26, 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 6:25 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 Montgomery moved and Councilmember Hunter 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 26, 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 7:11 p.m. Mr. Kueny stated that only items 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, Mayor Lawrason declared a recess. The time was 7:12 p.m. The meeting reconvened at 7:23 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Hunter 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; Lillian Hare, City Clerk; and Dorothy Vandaveer, Deputy City Clerk 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONSENSUS: By consensus, the Council determined to reorder the agenda to consider Item 12.B. first. 6. PUBLIC COMMENT: None. 12. ORDINANCES: B. Consider Ordinance No. 169 for First Reading and 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. 169 for first reading. Minutes of the City Council Moorpark, California 3 May 26, 1993 Mr. Aguilera gave the staff report. 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 No. 169 introduced for first reading. The motion carried by unanimous voice vote. 11. ACTION /DISCUSSION ITEMS: A. Consider Bids for the Construction of the Communit Building and Gymnasium at Arroyo Vista Community Park. Staff Recommendation: 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 percent contingency for the project; and, 3) Authorize the Mayor to sign necessary contract documents. Mr. Gilbert gave the staff report. Councilmember Perez indicated his discomfort in committing Redevelopment Agency funds to this project. Mayor Lawrason also indicated he shared the same concerns as Councilmember Perez. Councilmember Montgomery indicated that with the proceeds from the bond sale there was funding available. He said that if the recommended allocations were not made then a similar type of allocation from the Redevelopment Agency funds would be necessary to construct the downtown park. In response to Councilmember Perez, Councilmember Montgomery indicated that Redevelopment Agency funds could be appropriately used for City parks. Councilmember Montgomery indicated that General Fund Reserves should not be depleted at this time by allocating funds from that source for this project. Mayor Lawrason said because of budget constraints, he could agree with Councilmember Montgomery about use of the General Fund. Minutes of the City Council Moorpark, California 4 May 26, 1993 MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the deduct alternate changing the synthetic rubber sports flooring around the perimeter of the wood gym floor to a less expensive vinyl flooring material; to approve funding as follows: $946,337.20 to be transferred from Fund 05, the Central Zone to the Community Zone and $226,923.85 to be appropriated from Redevelopment Agency funds by later Redevelopment Agency action; to reject the protest file by McAlpine and Salyer Construction, Inc.; to award a contract for the subject project to Tri -Build Development Corporation for the bid amount of $1,755,008; to approve a ten percent contingency for the project; and to authorize the Mayor to sign the necessary contract documents. The motion carried by unanimous roll call vote. C. Consider Ordinance No. 170. to Amend Chapter 12.16 of the Moorpark Municipal Code Related to Parks. Staff Recommendation: Introduce Ordinance No. 170, to amend Chapter 12.16 of the Moorpark Municipal Code Related to Parks. Mr. Kueny gave the staff report in the absence of the Director of Community Services. MOTION: Councilmember Perez moved and Councilmember Hunter seconded a motion to delete the section relative to metal detection devices from the proposed ordinance. The motion carried by unanimous voice vote. The City Clerk read the ordinance title as amended by the previous action. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to read the ordinance title only. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to waive further reading and declare Ordinance No. 170 introduced for first reading as amended. The motion carried by unanimous voice vote. F. Consider Request from the Handicapped Equestrian Learning Program (H.E.L.P.) to Conduct Bingo Games at 7155 Walnut Canyon Road. Staff Recommendation: Direct staff as deemed appropriate. CONSENSUS: By consensus, the Council determined to receive late information provided by Mr. Pete Peters relative to H.E.L.P.'s nonprofit status. Minutes of the City Council Moorpark, California 5 May 26, 1993 Pete Peters, 7155 Walnut Canyon Road, spoke representing the H.E.L.P. program. He said permits have previously been issued to Villa del Arroyo Mobilehome Park and to the Senior Citizens group. He said his organization is a legitimate nonprofit organization and has a 77- series number provided by the Internal Revenue Service. He said he is requesting a permit so that bingo can be used one night a week as a fundraiser. He indicated that his organization is very much in need of additional funding this year. In response to Councilmember Perez, Mr. Peters stated he was not sure how many Moorpark residents participated in the program. He thought it might be three, but he did not care where the handicapped children came from. Annabell Sessler, 6061 Gabbert Road, said she concurred with everything that Mr. Peters said. She said at the time the senior group obtained their bingo permit they did not have nonprofit status. She said bingo is a great fundraiser. Eloise Brown, 13193 Annette Street, said she feels this is an exceptional situation because the H.E.L.P. program is unique within the County. She urged City support for the program. In response to Mayor Lawrason, Mr. Aguilera indicated that bingo establishments are not specifically "called out" in the zoning code therefore they are not allowed. He said if a bingo permit were required, such a requirement would also necessitate a Conditional Use Permit in the residential zone. In response to Council question, Mr. Aguilera said he was not aware of other bingo games that were being operated. Mrs. Sessler said that the senior group got their permit from the Sheriff's Department and requirements of the permit are that anyone over 18 can play and play must be open to the public. In response to Councilmember Montgomery, Mr. Aguilera said that bingo use would have had to previously exist for it to be grandfathered in Mr. Peters' situation and that was not the case. Minutes of the City Council Moorpark, California 6 May 26, 1993 Councilmember Perez indicated that a staff report should be prepared identifying what issues need to be resolved and providing more information regarding the other two cases where permits were obtained for bingo. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to continue this item to the June 16, 1993 City Council meeting. Mayor Lawrason stated he would like to go on record as being in favor of H.E.L.P.'s request. Councilmember Wozniak commented that a decision should be reached on June 16 or an alternative solution proposed so that Mr. Peters could go forward. CONSENSUS: By consensus, the Council determined that an alternative to a temporary use permit should be proposed if a decision could not be reached on June 16. 15. ADJOURNMENT: MOTION: Councilmember Montgomery moved and Councilmember Hunter seconded a motion to adjourn the meeting. The motion carried by unanimous voice vote. The time was 8:30 p.m. Lillian E. Paul W. Lawragon Jr., Matbr ` O�