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HomeMy WebLinkAboutMIN 1993 0602 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California June 2, 1993 A Regular Meeting of the City Council of the City of Moorpark was held on June 2, 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 7:12 p.m. 2. PLEDGE OF ALLEGIANCE: Officer Ross Bonfiglio led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Montgomery, Perez, Wozniak and Mayor Lawrason Absent: Councilmember Hunter Staff Present: 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; Mary Lindley, Assistant to the City Manager; Lillian Hare, City Clerk; and Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Recognition of 10th Anniversary Banner Sponsors. Councilmember Wozniak presented certificates to those purchasing banners for the 10th anniversary: Steve Howell, Urban West Communities; Debbie Rogers, Bob Ely Realty; Linda Plaks, Moorpark Video Shop; Dirk Lovett, Charles Abbott & Associates; Jeanne Bailey, Moorpark News Mirror; Becky Gernish, Simi Valley Bank; Christa Tricourt, United Methodist Church; John Thompson, AYSO; Abdul Barakat, Barakat Market; and Barakat Family. B. Recognition of Urban West for Sponsoring 10th Anniversary Concert in the Park. Councilmember Wozniak presented a plaque to Steve Howell of Urban West Communities. Minutes of the City Council Moorpark, California 2 June 2, 1993 C. Recognition of Moorpark Officer of the Year. Ross Bonf iglio was presented a certificate of recognition and City plaque from Mayor Lawrason. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 6. PUBLIC COMMENT: Jim Jackson, 12101 Cherrygrove Street, addressed the Council as a representative of the Moorpark Kiwanis Club. He encouraged the public to participate in the golf tournament "kicking off" the 10th anniversary celebration. Felix Delgado, 15160 -B Varsity Street, addressed the Council in opposition to the Quor development of the Happy Camp Canyon Park. Pamela Castro, 479 Charles Street, addressed the Council regarding improvements to the downtown area. She said she appreciated the improvements which have been made and cautioned that this is only the beginning of what is needed. She said she and other City downtown residents oppose the use of Redevelopment Agency funds for the Arroyo Vista Community Park community building. She presented the City Clerk with letters from other residents. Joseph Latunski, 289 Casey Road, addressed the Council regarding the Assessment Districts. He said he opposes both Assessment District 85 -1 and Assessment District 84 -2. He stated that his assessments were 15% more than his taxes last year. Joy Cummings, 650 Bard Street, addressed the Council regarding the Downtown Merchants Association. She protested funds from the Redevelopment Agency being used for the Arroyo Vista Community Park community building. She indicated the Project Area Committee should be reconvened so they can advise the Council on the spending of Redevelopment Agency funds. Curran Cummings, 650 Bard Street, spoke to the Council as a member of the Project Area Committee. He requested that the Council reconsider their decision to spend Redevelopment Agency funds for the Arroyo Vista Community Park community building. i Minutes of the City Council Moorpark, California 3 June 2, 1993 William Poleri, 6863 Trojan Court, addressed the Council saying that he opposes the QUOR development in the Happy Camp Canyon area. Gerry Goldstein, 11932 Los Angeles Avenue, addressed the Council regarding the Senior Citizens Advisory Commission agenda and also indicated his support of a no smoking ordinance. Abdul Barakat, 4634 Peppermill Street, addressed the Council regarding the need for a sports stadium for field hockey. He said MACC needs the support of the entire city. 7. COMMITTEE REPORTS: Councilmember Montgomery indicated that he had attended the most recent Waste Commission meeting. He told the Council they would be receiving a report on that meeting in their box. 8. CONSENT CALENDAR (Roll Call Vote): MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to pull Items B.A. the minutes of May 12, 1993, 8.C., 8.0., and 8.T. and approve the balance of the Consent Calendar. The motion carried by roll call vote 4- 0, Councilmember Hunter absent for the vote. B. Warrant Register Manual Warrants 20191- 20198, 20320- 20331 $ 28,599.46 Voided Warrants 20150 (6,534.00) Regular Warrants 20332 - 20439 499,988.26 D. Consider Resolution No. 93 -946 Repealing Resolution Nos. 88 -513 and 90 -627 Pertaining to Parking Restrictions on Peach Hill Road, Redesignating the Areas Subiect to Permit Only Parking and Establishing NO STOPPING ANYTIME Zones on said Street. Staff Recommendation: Adopt Resolution No. 93 -946. Minutes of the City Council Moorpark, California 4 June 2, 1993 E. Consider Resolution No. 93 -947 Authorizing Receipt and Review of Sales and Use Tax Information from the State _Board of Equalization and Rescinding Resolution No. 83 -9 and Approve an Agreement with Hinderliter, de Llamas and Associates (HDL) for a Sales Tax Management Program. Staff Recommendation: Adopt Resolution No. 93- and approve agreement and authorize the Mayor to execute the agreement. F. Consider Approval of Certificate of Acceptance for Landscape Easements at the Northwest Corner of Spring Road and Los Angeles Avenue (DeLeon & Burkhart). Staff Recommendation: Approve the Certificate of Acceptance and direct the City Clerk to record the subject easement deeds. G. Consider Approval of State -Local Partnership Program Supplemental Agreement for the Tierra Rejada Road Widening Project. Staff Recommendation: Approve the subject Supplemental Agreement and authorize the Mayor to execute same. H. Consider Authorizing Staff to Submit an Application for Congestion Mitigation Air Quality Funds (CMAQ). Authorize staff to submit an application for Congestion Mitigation Air Quality funds. I. Consider Rescinding Resolution Number 86 -278 and Adoptin Resolution No. 93 -948 Pertaining to Establishing Revised Fees Required by Chapter 5.64 of Title 5 of the Moorpark Municipal Code, Pertaining to Licenses for Street Vendors. Staff Recommendation: Adopt Resolution No. 93- 948 rescinding Resolution 86 -278 and establishing revised fees for licenses for street vendors. J. Consider Report on Correction of Appropriation Limit and Set Public Hearing. Staff Recommendation: Receive and file the report and set public hearing for June 16, 1993. K. Consider Authorizing the City Manager to Contract and Execute a Joint Powers Agreement with Thousand Oaks and /or Other Cities for the Adjudication of Parking Citations. Staff Recommendation: Authorize the City Manager to contract and execute a joint powers agreement with the City of Thousand Oaks and /or other area cities for adjudication of parking citations. Minutes of the City Council Moorpark, California 5 June 2, 1993 L. Consider Certification of the City by the Federal Communications Commission to Regulate Cable Rates. Staff Recommendation: Authorize the City Manager to apply for certification of the City to regulate cable rates. M. Consider Resolution 93 -949, Authorizing the Issuance and Counter Signing of Warrants Pursuant to Chapter 3.12 of the Moorpark Municipal Code. Staff Recommendation: Approve Resolution 93 -949. N. Consider Renewal of Landscape Maintenance Contract with Sunridge Landscape Maintenance, Inc. for Fiscal Year 1993 -94. Staff Recommendation: Approve contract renewal and direct City Manager to execute contract. P. Consider City Manager Approved Contract (Copierline) - Copy Machine Service Contract for the Canon NP 7550. Staff Recommendation: Receive and file the report. Q. Consider LDM -89 -4 - Release of Surety Guarantee (First Site Realty Development, Inc.) . Staff Recommendation: Receive and file the report. R. Consider Acceptance of the Roof Replacement and Renair Project for the Former Bank Building. Staff Recommendation: 1) Accept work as completed; 2) Instruct the City Clerk to file the Notice of Completion; and 3) Authorize the release of the retention. S. Consider Informal Bids for Traffic Signal Eauinment to be Installed on L.A. Avenue at Park Lane, and at Liberty Bell Road (Assessment District 92 -1). Staff Recommendation: 1) Reject bids from Peek Signal Control Co. and California Electric; 2) Award contract to McCain Traffic Supply to provide Caltrans approved traffic signal components for Assessment District 92 -1 in the amount of $37,312; 3) Approve a ten percent contingency for the supplies and authorize the City Manager to approve additional work, if required, for an amount not to exceed ten percent of the contract price; 4) Authorize the Mayor to sign the necessary purchase order. i Minutes of the City Council Moorpark, California 6 June 2, 1993 The following items were pulled from the Consent Calendar for individual consideration: A. Consider Approval of Minutes of the Adjourned City Council Meeting of May 12, 1993. Mayor Lawrason stated that the consensus action on page 6, Item 11.E. should read "by consensus, the Council determined to request the Ventura County Flood Control......." MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to approve the minutes of the adjourned City Council meeting of May 12, 1993 as amended by Mayor Lawrason above. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. C. Consider Purchase of a Street Marking Truck for Public Works. Mayor Lawrason indicated he pulled this item because it was a significant investment during a time of budget constraints. In response to Mayor Lawrason, Mr. Gilbert stated that there would be a savings of at least 50% over contracting for street marking services, by purchasing and operating the street marking in house. He indicated that it would also allow the City to be more responsive. He said the vehicle had at least a ten to fifteen year minimum life. Councilmember Perez stated that capital purchases should show a cost benefit analysis in the staff report. Councilmember Montgomery noted that a return on the investment would be beneficial information if presented in the staff report. MOTION: Mayor Lawrason moved and Councilmember Perez seconded a motion to approve the staff recommendation to reject the bid submitted by Stiles Truck & Body Equipment as being unresponsive; approve the purchase of a street marking truck from Roadline Products, Inc. to be constructed in accordance with the requirements of the specifications for the purchase price of $41,575.29; to direct staff to proceed with research regarding the cost /benefit of converting this and other vehicles to alternate fuel systems. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. _ I Minutes of the City Council Moorpark, California 7 June 2, 1993 O. Consider Adoption of Resolution 93 -950, Adopting the Fee Schedule for Public Parkland Reservations; and Amending Resolution No. 86 -351. In response to Councilmember Wozniak, Mr. Kueny explained that the highlighted portion of the draft rules and regulations policy for park and recreation areas were recommendations made by the Parks and Recreation Commission. Mr. Wozniak indicated that in the rules and regulations, I. of Section 10, related to metal detection devices, should be deleted. In response to Councilmember Wozniak, Ms. Adams indicated that the fees to be charged were comparable with surrounding cities. In response to Councilmember Wozniak, Ms. Adams indicated that relative to priority, City sponsored events will have priority over classes. Mr. Kueny said he did not know of any case where a City sponsored event had preempted an already scheduled private event in a City facility. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to adopt Resolution No. 93 -948. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. T. Update on City's 10th Anniversary Plans and Appropriate Contingency Funds for Anniversary Sale Items. Councilmember Wozniak indicated he pulled this item in case the Council had any questions. In response to Councilmember Perez, Ms. Adams indicated that she would check with the banner company to see if it was too late to purchase a banner and have it hung for the celebration. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to receive and file the report and appropriate use of an amount not to exceed $2742 from the General Fund reserve, if necessary, for the event. The motion carried by roll call vote 4 -0, Councilmember Hunter absent for the vote. Minutes of the City Council Moorpark, California 8 June 2, 1993 9. PUBLIC HEARINGS: A. Consider Conditional Use Permit No. 92 -3 - Shiloh Church - Consider use of existing industrial building for use as a church facility. Staff Recommendation: Accept withdrawal of the application. In response to Mayor Lawrason, the City Clerk indicated that the public hearing was still open but that no speaker cards had been received. Mayor Lawrason closed the public hearing. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to accept the Shiloh Community Church request to withdraw their application for Conditional Use Permit No. 92 -3 and to direct staff to close the file and return any unused deposit to the original depositor. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. In response to Councilmember Montgomery, Ms. Kane indicated that it would be appropriate to combine public hearing Items 9.B. and 9.C. as long as careful recordation was made of each public speaker's opposition /support regarding each Assessment District. B. Consider Makina Certain Chanaes to the Parks Maintenance Assessment District (AD85 -1) and Confirming the Assessments for Fiscal Year 1993/94. Staff Recommendation: 1) Open the public hearing, receive testimony and continue this matter to the date of the Budget Workshop; 2) Subsequent to the Budget Workshop meetings, but no later than June 30, 1993, adopt Resolution No. 93- making certain changes to AD 85 -1 and confirming the assessments for fiscal year 1993/94. C. Consider Making Certain Changes to the Lighting and Landscape Maintenance Assessment District (AD84 -2) and Confirming the Assessments for Fiscal Year 1993/94. Staff Recommendation: 1) Open the public hearing, receive testimony and continue this matter to the date of the Budget Workshop; 2) Subsequent to the Budget Workshop meetings, but no later than June 30, 1993, adopt Resolution No. 93- making certain changes to AD 84 -2 and confirming the assessments for fiscal year 1993/94. CONSENSUS: By consensus, the Council determined to combine the public hearing items 9.B. and 9.C. Minutes of the City Council Moorpark, California 9 June 21 1993 Mr. Gilbert gave the staff report. He said traditionally the Council continued the public hearing until the conclusion of the budget workshops. Mayor Lawrason opened both public hearings. Joseph Latunski, 289 Casey Road, addressed the Council regarding his opposition to both assessment districts, AD -84 -2 and AD -85 -1. Chris Frangos, 13145 Thomasville Court, addressed the Council regarding his opposition to both assessment districts, AD -84 -2 and AD -85 -1. He provided written comments to the City Clerk. Lowell Richards, 287 Casey Road, addressed the Council regarding his opposition to both assessment districts, AD -84 -2 and AD -85 -1. Eloise Brown, 13193 Annette Street, addressed the Council regarding her opposition to both assessment districts, AD -84 -2 and AD -85 -1. She provided written protests to the City Clerk. Bill Poleri, 6863 Trojan Court, addressed the Council protesting both assessment districts, AD -84 -2 and AD -85- 1. Gerald Goldstein, 11932 Los Angeles Avenue, addressed the Council regarding his opposition to both assessment districts, AD -84 -2 and AD -85 -1. It was noted for the record that all written protests would be incorporated as part of the record prior to closing the Assessment District hearings. Councilmember Perez stated that even though assessments had increased, facilities and parks had also increased within the City. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to continue both assessment district public hearings to the meeting of June 16, 1993. The motion carried by voice vote 4 -01 Councilmember Hunter absent for the vote. Minutes of the City Council Moorpark, California 10 June 2, 1993 10. COMMENTS FROM COUNCILMEMBERS: In response to Councilmember Perez, Ms. Lindley indicated that improvements to the Metrolink station are under review and she will provide the recent Metrolink survey to the Council when it is received. Mayor Lawrason stated that the layover yard for the Metrolink train has created a disturbance for neighbors in that area. He said that the City lodged a formal complaint with the Southern California Regional Rail Authority and that a letter had been received assuring the City that they would work on each individual complaint. Mayor Lawrason said that there was a meeting for the public held recently regarding a proposed fire protection district, and that the Cities of Thousand Oaks and Simi Valley have discussed the possibility of forming their own district. He said in today's budget environment any alternative is worth exploring and the City might want to do so. AT THIS POINT in the meeting, the Mayor declared a recess. The time was 9:03 p.m. The meeting reconvened at 9:23 p.m. 11. ACTION /DISCUSSION ITEMS: A. Consider an Ordinance Repealing Ordinance Nos. 29, 51, 96, 119, 142, and 153 and Amending Chapter 5.52 of the Moorpark Municipal Code Pertaining to Mobilehome Park Rent Stabilization. Staff Recommendation: Adopt an ordinance repealing Ordinance Nos. 29, 51, 96, 119, 142, and 153 and amending Chapter 5.52 of the Municipal Code; introduce the ordinance for first reading; and waive full reading. Mr. Aguilera gave the staff report. In response to Councilmember Montgomery, Ms. Kane indicated that Ordinance No. 153 was approved through the referendum process and not initiative process and so can be repealed by the Council. Minutes of the City Council Moorpark, California 11 June 2, 1993 Councilmember Wozniak indicated he would like to move this item along with the understanding that it would be considered some time later again by the Council. He said he wants to have an ordinance in place but would like to go back and refine it and take into consideration the information provided in a letter from the Villa del Arroyo Management Company and the Mobile Homeowners' Association. Councilmember Montgomery said at the time this ordinance is refined the suggestions made in the two letters received by the Council could be considered. Ms. Traffenstedt outlined the changes to the ordinance. Ms. Kane read the ordinance title. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to read the ordinance title only and waive further reading. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to approve Ordinance 171 for first reading. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. B. Consider Review of Urgency Ordinance Prohibiting Second Dwelling Units. Staff Recommendation: Consider change to existing moratorium. Mr. Kueny deferred the staff report. Councilmember Montgomery said it was never the Council's intent to eliminate "granny flats ", but only to restrict them on inappropriately sized lots. He said larger lots of at least one acre or more in size should not be restricted. Mr. Kueny indicated it would be a simple modification to the ordinance that was passed two weeks previous. Mr. Goldstein, 11932 Los Angeles Avenue, had submitted a speaker card, but deferred speaking at this time. CONSENSUS: By consensus, the Council determined to table item 11.B. Minutes of the City Council Moorpark, California 12 June 2, 1993 C. Consider Request of Moorpark Community Garden to Use $500 for Water and Other Materials. Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny indicated that a letter had been received from Pat Kemper regarding the use of the funds appropriated by the Council for the community garden. Pat Kemper, 569 Spring Road, #51, addressed the Council. She requested that the remaining unused money of the $500 appropriated be provided to the garden manager, Ms. Kemper, to allow for the addition to the church's insurance policy of the gardeners, for necessary garden items, and to permit low income families to garden without paying a monthly fee for water. She said that a periodic accounting of the funds would be provided to the City. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to concur with the request as outlined above by Ms. Kemper. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. AT THIS POINT the Council turned to consideration of Item 11.B. B. Consider Review of Urgency Ordinance Prohibiting Second Dwelling Units. Staff Recommendation: Consider change to existing moratorium. Ms. Kane read the ordinance in its entirety, An Interim Ordinance of the City of Moorpark, California, Adopted on an Urgency Basis, Imposing a Moratorium on Second Dwelling Units in the R -A, R -E, R -O, R -1, R -2, RPD, PC and SP Zones on Properties of Less than One Acre. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to adopt Ordinance No. 172 as read. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. D. Consider City Comments Regarding Notice of Preparation (N P) of an Environmental Impact Report (EIR) for Happy Camp Canyon Regional Park - QUOR Resort, Ventura. Staff Recommendation: Direct staff to prepare a letter to the County of Ventura, General Services Administration, addressing issues which should be analyzed in the Draft EIR for Happy Camp Canyon Regional Park - QUOR Resort. Minutes of the City Council Moorpark, California 13 Ms. Traffenstedt gave the staff report. June 2, 1993 Councilmember Wozniak noted that air quality impacts had not been addressed and should be in the EIR. He also indicated that the City should go on record as saying it will not allow the use of Campus Park Drive as access to the development. He said he was also concerned that there will be limited trail access. Mayor Lawrason indicated that this document does not take into account any of the work that went into the General Plan Update. Councilmember Wozniak indicated that there was an error in the document because it states that Specific Plan 8 had been designed by the City. Councilmember Montgomery said he concurred with all the comments made by the staff in their report and all the comments made by the Council this evening. He said this proposal presents an extreme threat to the City of Moorpark. He said it is a financial threat to the welfare of the City. He said there needs to be a differentiation made in the EIR between recreational and resort uses. He said resort and commercial uses will threaten our already existing commercial areas. He said the County should be reminded that their "Guidelines for Orderly Development" will be contradicted with this project. He said the deed agreement restrictions need to be identified and the County reminded that anything that is proposed needs to be in compliance with those agreements. Councilmember Montgomery said the project description is unacceptable. He advised that a personal note be sent to Supervisor Howard to let her know that the City seriously considers this development to be an economic and environmental threat to the City. He said the City needs to protest children and hikers having to pay for access to a County regional park. Minutes of the City Council Moorpark, California 14 June 2, 1993 CONSENSUS: By consensus, the Council determined to direct staff to prepare a letter to the County of Ventura General Services Administration addressing issues which should be analyzed in the draft EIR for Happy Camp Regional Park - Quor Resort, including the comments made by staff in their report to the Council dated May 28, 1993 and all comments elicited this evening from the Council as presented above. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. E. Consider City Comments on Draft Environmental Impact Report (EIR) for Pacific Pipeline Project (Lead Agency: California Public Utilities Commission. Staff Recommendation: Direct staff to prepare a comment letter on the Draft EIR. Ms. Traffenstedt gave the staff report. Tom Rooney, 1695 Mesa Verde, Ventura, addressed the Council as a representative of Pacific Pipeline. He indicated that the preferred route was not through the City of Moorpark. In response to Councilmember Perez, Mr. Rooney indicated that his company had been working with the SCRRA and will be presenting their alignment within the corridor to make sure they do not interfere with SCRRA's future planning. Councilmember Perez asked if the southerly alternate through the City of Moorpark was selected, would it be possible for Pacific Pipeline to use the portion of the pipeline that is currently transversing the City of Moorpark to carry their product. Mr. Rooney replied that it was possible. In response to Councilmember Montgomery, Ms. Kane said the City can only franchise the pipeline if they are in the public right of way. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the staff recommendation to direct staff to prepare a comment letter on the draft EIR using the comments provided in the staff report dated May 24, 1993. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. F. Reconsider Date for October Town Hall Meeting. Staff Recommendation: Select October 9th or 23rd as the next Minutes of the City Council Moorpark, California 15 June 2, 1993 Town Hall meeting date. Ms. Hare gave the staff report. CONSENSUS: By consensus, the Council determined to choose October 9, 1993 for the October Town Hall Meeting, replacing the October 16th date. 12. ORDINANCES: A. Consider Second Reading and Adoption of Ordinance No. 166 - Adult Entertainment Facilities. Ms. Kane read the ordinance title. Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to read the ordinance title and waive further reading. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to declare Ordinance No. 166 read for the second time and adopted. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. B. Consider Second Readinu and Adoption of Ordinance No. 170 to Amend Chapter 12.16 of the Moorpark Municipal Code Related to Parks. Ms. Kane read the ordinance title. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to read the ordinance title only and waive further reading. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to declare Ordinance No. 170 read for the second time and adopted. The motion carried by voice vote 4- 0, Councilmember Hunter absent for the vote. C. Consider Second Reading and Adoption of Ordinance 167 - Moorpark West Zone Change 93 -1 for Zone Chancre from M -2 to M -1. Ms. Kane read the ordinance title. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to read the ordinance title and waive Minutes of the City Council Moorpark, California 16 June 2, 1993 further reading. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to declare Ordinance 167 read for the second time and adopted. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. D. Consider Second Readina and Adoption of Ordinance No. 169 - 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. Ms. Kane read the ordinance title. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to read the ordinance title and waive further reading. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to declare Ordinance No. 169 read for the second time and adopted. The motion carried by voice vote 4- 0, Councilmember Hunter absent for the vote. 13. FUTURE AGENDA ITEMS: Councilmember Perez indicated that he would like staff to provide a summary regarding the Tuscany matter as a box item. Councilmember Montgomery requested an item relative to the hauling of West County trash through Moorpark to the Simi Valley Landfill. 14. CLOSED SESSION: MOTION: Councilmember Montgomery moved and Councilmember Perez 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). Minutes of the City Council Moorpark, California 17 June 2, 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 Ccnejo 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 voice vote 4 -0, Councilmember Hunter absent for the vote. Present in Closed Session were all Councilmembers, but Councilmember Hunter; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; and Cheryl Kane, City Attorney. The Council reconvened into Open Session at 12:40 a.m. Mr. Kueny reported that only items 14.F., 14.G., and 14.H. had been discussed and there was no action to report out of Closed Session. 15. ADJOURNMENT: Mayor Lawrason adjourned the meeting at 12:40 a.m. Paul W. L&Trason Jr. Mayor ATTEST: