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HomeMy WebLinkAboutMIN 1993 0804 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California August 4, 1993 A Regular Meeting of the City Council of the City of Moorpark was held on August 4, 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 7:10 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Montgomery led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Hunter, Montgomery, Perez, Wozniak and Mayor Lawrason Steven Kueny, City Manager; 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; Mary Lindley, Assistant to the City Manager; Dirk Lovett, Assistant City E n g i n e e r ; S t e v e n Hayes, Redevelopment /Economic Development Manager; Don Reynolds, Administrative Services Manager; Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Introduction of Building Official, Claude Stewart. Mayor Lawrason introduced Claude Stewart. B. Introduction of Administrative Secretary, Linda Williams. Mayor Lawrason introduced Linda Williams. C. Recognition of Volunteer T -Ball Coaches for City Program - Greg Moore, Rudy Perez, Brad Seitz, Dave Badoud, Greg Gouebel, David Loomis, Jeff Yaller, Robert Glatt, James McDonald, Chuck Lindeen. Mayor Lawrason presented certificates to Dave Badoud, Bob Glatt and Chuck Lindeen. The remaining coaches were unable to be present. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Minutes of the City Council Moorpark, California 2 August 4, 1993 MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to add item 11.K., Appeal of the Letter from the Ventura County Resource Management Agency with Regard to Hauling West County Trash to the Simi Valley Landfill, need having arisen since the posting of the agenda. The motion carried by unanimous voice vote. Mr. Kueny requested that an item be added to the Closed Session portion of the agenda as item 14.K., City of Moorpark vs. Downs. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to add Item 14.K. to the agenda, City of Moorpark vs. Downs, the need having arisen since the posting of the agenda. The motion carried by unanimous voice vote. CONSENSUS: By consensus, the Council determined to consider Item 11.B. at the end of the Action /Discussion items. 6. PUBLIC COMMENT: Connie Lawrason, 4291 Ambermeadow Street, spoke regarding Metrolink providing train service to the Ventura County Fairgrounds from Moorpark. She outlined the schedule and encouraged the public to utilize the service. Mrs. Lawrason also announced that the United Way campaign for 1993 is upcoming and that the kick -off date will be September 11. Marshall Milligan, P. O. Box 2575, Ventura County, spoke as an owner of property known as Specific Plan No. 1. He said he wants to hear from residents or other interested persons who have thoughts regarding development of this land. He said Impact Sciences is the consultant who will be doing the Environmental Impact Report. Joy Cummings, 650 Bard Street, spoke representing the Moorpark Downtown Merchants' Association. She encouraged the attendance of citizens at the Market Days event scheduled for the following Saturday. In addition, she requested that fees for permits be waived for future events of this nature. Daniel Garcia, 489 Cornett Avenue, spoke regarding the noise from the Metrolink trains. He said the train noise begins at approximately 3:00 a.m. and continues until 8:00 a.m. He indicated that this is disrupting and ruining his lifestyle and sleep. Minutes of the City Council Moorpark, California 3 August 4, 1993 Councilmember Perez said he hoped Mr. Garcia's comments are noted by staff and he wants a report back to Council on the correction of this situation. Mayor Lawrason said the City needs to send a strong letter to the Southern California Regional Rail Authority and to the Ventura County Transportation Commission to ascertain when this situation will be corrected. Councilmember Perez said he will attend the next meeting of the SCRRA in downtown Los Angeles and will request this matter be addressed immediately. Councilmember Wozniak said he believes sending another letter is not the answer and that the City should advise the SCRRA that they are in violation of their CEQA exemption. Carolyn Poleri, 6863 Trojan Court, stated that she is representing the Varsity Park Patio Homes Homeowners Association. She spoke regarding item 11.H., Consider Request to Convey to the City the Maintenance Responsibility for the Parkway Located on the North Side of Campus Park Drive East of Loyola Street. She said the homeowners' association would like the City to maintain this property, but they would like to have in their possession a deed or other substantiation to show that the property belongs to the Homeowners' Association. Barbara Shultz, 116 Sierra Avenue, said she believes that Ventura Pacific Capital Corporation should not be given the certificate of occupancy for the Mission Bell Plaza shopping center prior to all of the conditions of approval being met. Francis Okyere, 530 Moorpark Avenue, spoke as President of the Moorpark Chamber of Commerce. He thanked the City for their support of Country Days. He also commented that he hopes the proposed Bollinger Development project will come to fruition as it will help the citizens of Moorpark. 7. COMMITTEE REPORTS: Councilmember Montgomery reported that the Santa Monica Mountains Conservancy was successful in obtaining the Broome Ranch property in Thousand Oaks and that this is a significant purchase for the Conservancy. Councilmember Montgomery also indicated that the Ventura County Waste Commission will meet with Senator Cathie Wright on Friday to discuss the status of Waste Commission legislation. Minutes of the City Council Moorpark, California 4 8. CONSENT CALENDAR (Roll Call Vote): August 4, 1993 MOTION: Councilmember Hunter moved and Councilmember Montgomery seconded a motion to pull Items 8.C., 8.E., 8.F., 8.H., 8.K., 8.L., 8.M. and 8.0. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of the Adjourned Regular City Council Meeting of June 30, 1993. Consider Approval of Minutes of the Special City Council Meeting of June 30, 1993. Consider Approval of Minutes of the Special City Council Meeting of July 7, 1993. Consider Approval of Minutes of the Special City Council Meeting of Julv 21, 1993. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register. 1992/93 Manual Warrants Voided Warrants Regular Warrants 1993/94 Manual Warrants Regular Warrants 20842 20640 20848 - 20888 20710 - 20713, 20843 - 20847 20889 - 20962 $ 3.80 $ (165.00) $337,728.39 $ 18,804.96 $ 86,178.95 D. Consider Resolution No. _93 -961 to Amend Resolution No. 91 -823 by Providing for On- Street Parking on a Portion of Countryhill Road North of•Mountain Trail Street. Staff Recommendation: Adopt Resolution No. 93 -961 providing for on- street parking at certain areas on the west side of Countryhill Road. G. Consider Name for New Facility at Arroyo Vista Community Park. Staff Recommendation: Direct the Parks and Recreation Commission to study this issue and bring a recommendation back to the City Council by October, 1993. Minutes of the City Council Moorpark, California 5 August 4, 1993 I. Consider Assembly Bill 51, Housing. Staff Recommendation: That the City Council authorize the Mayor to send a letter to Senator Wright expressing the City's opposition to AB 51. J. Consider Senate Bill 1234, Local Government Revenue. Staff Recommendation: That the City Council authorize the Mayor to send a letter to Moorpark's State representatives and the members of the Assembly Local Government Committee expressing the City's opposition to SB 1234. N. Consider Approving Plans and Specifications for the Slope Failure Repair along Tierra Reiada Road and Authorization to Advertise for Receipt of Construction Bids. Staff Recommendation: 1) Approve plans and specifications for slope repair contract; 2) Authorize staff to advertise for receipt of construction bids. The following items were pulled from the Consent Calendar for individual consideration: C. Consider Approval of an Annual Contract for Street Striping Services. Staff Recommendation: Approve an annual contract with Safety Striping Services for miscellaneous street striping services as approved by the City Manager, for an aggregate FY 1993/94 total Not to Exceed $10,000; and 2) Authorize the City Manager to sign a contract for these services. Councilmember Wozniak clarified that this contract is primarily for striping and does not include the stencilling. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to approve an annual contract with Safety Striping Services for miscellaneous street striping services as approved -by the City Manager, for an aggregate FY 1993/94 total Not to Exceed $10,000; and to authorize the City Manager to sign a contract for these services. The motion carried by unanimous voice vote. E. Consider Resolution No. 93- Designating the Placement of STOP signs on Pinedale Road at Timberdale Road and at Clearwood Drive. Staff Recommendation: Adopt Resolution No. 93- Mr. Gilbert suggested that since there is a new staff Minutes of the City Council Moorpark, California 6 August 4, 1993 recommendation this item should be continued to the next City Council meeting and the Council will be provided a new staff report and resolution at that time. MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to continue this item to August 18, 1993 with a revised staff report and resolution to be provided for that meeting. The motion carried by unanimous voice vote. F. Consider Amendment to Contract with VCE, Inc. to Add Soils Engineer Report for the Design of the Arroyo Vista Community Park Pedestrian Bridge. Staff Recommendation: 1) Approve the additional services and increase the contract fee from $49,746 to $53,714; 2) Approve a ten per cent (10 %) contingency and authorize the City Manager to approve additional work, if required, not to exceed ten per cent of the revised contract amount; and 3) Authorize the City Manager to sign necessary contract documents. Councilmember Montgomery asked for clarification as to whether a new appropriation is needed. Mr. Gilbert responded that it is not necessary as the money has already been appropriated for this item. Councilmember Montgomery also added that the portion of the staff recommendation that approves a ten percent (10 %) contingency should be deleted as this contingency amount was included in the original price. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to approve staff recommendations to approve the additional services and increase the contract fee from $49,746 to $53,714; and authorize the City Manager to sign necessary contract documents. The motion carried by unanimous voice vote. H. Consider Additional Computer Hardware for New Cit Positions. Staff Recommendation: That the City Council authorize an appropriation from the General Fund reserve in the amount of $8,600 to line item 01.4.117.906, for the purchase of computer hardware to accommodate new staff positions and other needs, with the understanding that the cost of one printer, half of one printer and half of one PC with monitor will be charged to the Moorpark Redevelopment Agency (approximately $2,950). Councilmember Montgomery asked why the $8,600 proposed by staff to be taken from the General Fund Reserve is not Minutes of the City Council Moorpark, California 7 August 4, 1993 being charged to the Equipment Replacement Fund and the Moorpark Redevelopment Agency instead. In response to Councilmember Montgomery, Mr. Reynolds explained that there are other proposed expenditures to be considered by the Moorpark Redevelopment Agency and staff would like to bring them to the Agency all at one time. Mr. Kueny indicated that the Equipment Replacement Fund issue has not been resolved yet and that staff will report back to the Council on that matter. He indicated it is more convenient to allocate funds from the Reserve at this point. Councilmember Montgomery said that is acceptable as long as there is a footnote that will not allow this item to be lost in the future as being a dedicated expenditure. MOTION: Councilmember Montgomery moved and Mayor Lawrason seconded a motion to appropriate $5,700 from the City's General Fund Reserve (line item 01.4.117.906) and direct staff to agendize for the Moorpark Redevelopment Agency agenda a request for $2,950 to be appropriated from Agency funds. The motion carried by unanimous roll call vote. K. Consider 1993 /94 Budget Adlustment_to Allocate Additional Funds for Metrolink Security. Staff Recommendation: That the City Council amend the 1993/94 FY Budget and allocate an additional $1,944 in TDA funds for security guard services at the Metrolink Station. In response to Councilmember Wozniak, Ms. Lindley stated that the coverage for guard services at the Metrolink Station would be 12 hours per day Monday through Friday if an additional $1,944 is allocated from TDA funds. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to amend the 1993/94 FY Budget and appropriate an additional $1,944 in TDA funds for security guard services at the Metrolink Station and to remove this item from the calendar. The motion carried by unanimous roll call vote. Minutes of the City Council Moorpark, California 8 August 4, 1993 L. Consider Approval of a Change to the Proposed Design for Phase II of the Charles Street Improvements. Staff Recommendation: Approve the revised design concept for the Charles Street improvements. Councilmember Wozniak indicated that he had pulled this item from the Consent Calendar to bring to the attention of the public that the Charles Street Improvements are progressing. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to approve the revised design concept for the Charles Street improvements. The motion carried by unanimous voice vote. M. Consider Approval of Certificate of Acceptance for an Easement Deed for Traffic Signal Maintenance at the Entry to the Moorpark High School Student Parking Lot on the East Side of Tierra Rejada Road North of Mountain Trail Street. Staff Recommendation: Approve the Certificate of Acceptance and direct the City Clerk to record the Easement Deed from Moorpark Unified School District. Mr. Kueny indicated that the easement deed has not been received yet from the Moorpark Unified School District. He suggested that the staff recommendation be amended to include that the acceptance of the deed is subject to language approal by the City Attorney and the City Engineer. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the Certificate of Acceptance and direct the City Clerk to record the Easement Deed from Moorpark Unified School District subject to approval of the language by the City Attorney and the City Engineer. The motion carried by unanimous voice vote. O. Consider CPD 89 -2 Minor Modification No. 6 - Ventura Pacific Capital Group VI - Request to Receive a Certificate of Occupancy Prior to Completion of all "Prior to Occupancy" Conditions from the Department of Community Development and City Engineer, and to Separate CPD 89 -2 (Ventura Pacific Capital Group VI) from 89 -1 (Macleod Construction Company). Staff Recommendation: Receive and file the report. Mr. Aguilera stated that there is new information regarding this subject that should be considered by the Council. Minutes of the City Council Moorpark, California 9 August 4, 1993 CONSENSUS: By consensus, the Council determined to waive the Rules of Procedure and receive the new information from Mr. Aguilera. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to receive and file the staff report and the new information provided by Mr. Aguilera. The motion carried by unanimous voice vote. 9. PUBLIC HEARINGS: A. Consider Revisions to Section 8111 -8 of the City's Zoning Ordinance (Appeals). Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) Determine that the modifications to the City's Zoning Ordinance are 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; 3) Introduce the Ordinance for first reading. (Continued Item 9.A. from 7/21/93) Mr. Aguilera stated that there is a change to the draft ordinance. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to waive the Rules of Procedure and accept the additional information in the form of the revised ordinance. The motion carried by unanimous voice vote. Mayor Lawrason opened the public hearing. In response to Councilmember Montgomery, Ms. Kane said a minor modification does not qualify as a ministerial action. Councilmember Montgomery indicated that the temporary use permit should be removed from the new zoning ordinance as a ministerial action. Mr. Kueny said City staff should review the actions leading up to a zone clearance and make certain the direction and authority is clear. Minutes of the City Council Moorpark, California 10 August 4, 1993 In response to Councilmember Hunter, Mr. Aguilera said that if the section enabling an appeal of a ministerial action was not amended staff would no longer be able to make the immediate decision. There would be a 15 or 16 day delay in the process. Councilmember Wozniak said the Council does not need to get involved with minor concerns; however, he said he does have concern with giving up certain portions of the appeal process. Councilmember Montgomery said he agrees with the ordinance amendment to include the provision that staff make the change in the new zoning ordinance with the change that the temporary use permits are not a ministerial action. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to determined that modifications to the City's zoning ordinance are categorically exempt. The motion carried by unanimous voice vote. Ms. Kane read the ordinance title as amended to be: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK,CALIFORNIA, AMENDING ORDINANCE NO. 137 FOR THE PURPOSE OF EXTENDING THE TIME IN WHICH AN ITEM MAY BE APPEALED AND STIPULATING WHO MAY APPEAL MINISTERIAL ACTIONS UNDER SECTION 8111.8.1 - GENERAL (APPEALS) MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to read the ordinance title only. 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. 177 introduced and read for the first time. 10. COMMENTS FROM COUNCILMEMBERS: A. Consider Designation of Voting Delegate for League Annual Conference. CONSENSUS: By consensus, the Council determined that the Mayor will be the voting delegate at the League of California Cities' Annual conference with other attending Councilmembers to serve as Alternates. Minutes of the City Council Moorpark, California 11 August 4, 1993 11. ACTION /DISCUSSION ITEMS: A. Consider the Historic Preservation Ordinance to be Codified as Chapter 14.04 of the Moorpark Municipal Code, Entitled Historic Preservation. Staff Recommendation: 1) Approve the Financial Incentive Resolution in order to encourage the preservation of historic resources within the City; 2) Introduce Ordinance No. to be codified as Title 14, entitled Historic Preservation, Chapter 14.04 of the Moorpark Municipal Code. (Continued Item 12.A. from 7/21/93) Mr. Aguilera gave the staff report. Connie Lawrason, 4291 Ambermeadow Street, spoke regarding the Moorpark Historical Society's involvement with this issue. She indicated that the Historical Society did not volunteer for this role, but will act in an advisory capacity. Mrs. Lawrason also questioned if the financial incentive resolution referred to in the staff report make reference to the Mills Act. In response to Mrs. Lawrason's question, Mr. Aguilera said the Mills Act is the point of reference. Tom Thompson, 12623 Hillside Drive, said the general public has a right to challenge this issue. He questioned who will bear the tax burden for those properties who receive a tax incentive. He asked if the tax incentive will lessen the property owner's tax burden as being designated a historical entity, or does it remove the designated property from the tax rolls completely. Mr. Thompson asked if a conflict of interest might exist because of the relationship of the President of the Historical Society and the Mayor of the City Council. He also questioned the inclusion of olive trees as having historical significance. In response to Councilmember Wozniak, Mr. Aguilera stated that the jurisdiction of this ordinance stops at the boundaries of the City. Mr. Aguilera continued by clarifying that the Historical Society has expertise that neither staff nor Council possess and it was recommended that they be used as a sounding board. He said they have no ability to dictate City policy or city designation. In response to Council question, Ms. Kane said the fundamental problem with this ordinance is that the Council is appointing a body to an official capacity Minutes of the City Council Moorpark, California 12 August 4, 1993 within the City and there is no way to compel such a body to abide by the Council's will and that their direction is saying that this body will act as an advisory body. She said it is intended that it will act in so many days after the Council sends them information. Ms. Kane said the Historical Society may argue that they are not bound by the Political Reform Act nor the Brown Act, but that as an advisory body they are subject to the Brown Act. If it is determined that the recommendations of this body are being followed, then the Conflict of Interest Code would have to be amended to reflect their inclusion. She said if the Society does not want to be burdened by those requirements then they could argue that this section is meaningless to them. Ms. Kane said the Council could assure them and take action to include a provision in the ordinance that public notice would be sent to any organization that specifically requested it and if the society wanted to be on a formal mailing list, then they could come forth on any matter that affects them. In response to Councilmember Wozniak, Mr. Aguilera said the Mills Act recognizes buildings and not trees as being subject to tax incentive and that it pertains to the entire property on which the building is placed. In response to Councilmember Wozniak, Ms. Kane said legally there is nothing that requires the Council to be the final decision maker or that excludes the Planning Commission from becoming the final decision maker; however, it behooves the Council that it is something they have been involved in because ultimately any ordinance and any decision could always be litigated. She continued by stating that as a policy matter, the Council would want to be involved if they are the final decision making body because every application will come to them. Councilmember Montgomery suggested that section 14.04.035 be removed and that the ordinance be sent to the Planning Commission for their review, that a change be made to change the Heritage Board to the Planning Commission for final approval, and that their decisions be appealable to the City Council. He also indicated that he would like to see that the appeal of work permits be governed by the existing Moorpark Operating Procedure and that staff be directed to prepare a fiscal impact report relative to this matter. Minutes of the City Council Moorpark, California 13 August 4, 1993 In response to Councilmember Hunter, Mr. Aguilera stated there is no obligation in this ordinance for the City to purchase or repair any property. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to direct staff to delete section 14.04.035; submit the ordinance for City Attorney review; place the revised ordinance on the Planning Commission agenda for September 7, 1993 meeting; and return the ordinance and accompanying resolution to the City Council at their September 22, 1993 meeting. The motion carried by unanimous voice vote. B. Consider Proposed 1993/94 Objectives. Staff Recommendation: Direct staff as deemed appropriate. (Continued Item 11.L. from 7/7/93; Item II.C. from 7/14/93; Item 11.A. from 7/21/93; Item II.A. from 7/28/93). This item was moved to the end of the action /discussion items. AT THIS POINT in the meeting, the Council took a recess. The time was 9:15 p.m. The meeting reconvened at 9:25 p.m. Senator Cathie Wright addressed the Council at this time regarding SB 817, Establishment of a Waste Authority in Ventura County. She requested the Council's full support when this bill is taken to Committee. Senator Wright also answered various questions from Councilmembers regarding pending smoking ordinance legislation, AB 13. She indicated that she will be voting against AB 9 and AB6 also related to smoking regulation as she does not believe state government should be regulating this issue. C. Consider Resolution No. 93- Establishing a Permit Only Parking Program. Staff Recommendation: Adopt Resolution No. 93- establishing a PERMIT ONLY parking program. (Continued Item 11.E. from 7/7/93) Mr. Gilbert gave the staff report. He indicated that there are some major changes that resulted from the review at the committee level, but that it is the desire of the committee to allow it to come forward for Council discussion. Minutes of the City Council Moorpark, California 14 August 4, 1993 In response to Mayor Lawrason, Lieutenant Dean said the enforcement of this item would not be prohibitive. Councilmember Montgomery commented that Area H of the affected area look larger than the others. Mr. Kueny said the idea is to avoid having to post individual streets and the consensus was to leave it as it is because of the multiple entrances to Area H. Councilmember Montgomery expressed that it may be a good idea to have tear off response sheets that are transmitted with the public hearing notices. In response to Councilmember Montgomery, Mr. Kueny explained that Section D should not be amended as the policy objective here is that if you have more than four vehicles you are eligible for permits. He said there are circumstances when there will be sites where four on -site parking spaces will not be possible. Councilmember Hunter stated that the Committee's intent is that the fifth permit needed in order to allow that vehicle to park on the street would be free. However, that vehicle has to be registered to that address. Gerald Goldstein, 11932 Los Angeles Avenue, spoke in opposition to the Permit Only Parking program. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to continue this item for two weeks. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the Council reordered the agenda. CONSENSUS: By consensus, the Council determined to consider Items 11.F., 11.G., 11.H., 11.K., 11.D., 11.E., 11.I., 11.J., and 11.B. CONSENSUS: By consensus, the Council determined to consider Items 11.F. and 11.G. together. F. Consider Realignment of Virginia Colony Place. Staff Recommendation: City Council approve the development of a preliminary design for the realignment of Virginia Colony Place and direct staff to report back to the City Council with a conceptual drawing and a full project cost estimate. Minutes of the City Council Moorpark, California 15 August 4, 1993 G. Consider Approval of the Construction of a Water Pressure Reducing Station at Virginia Colony Park by Caltrans on Behalf of the Ventura County Waterworks District No. 1. Staff Recommendation: Approve request to place the subject facility at the southwest corner of Virginia Colony Park. Mr. Gilbert gave the staff report and explained that the recommendation is to move the water pressure reducing station to site 3 (within Virginia Colony Park) and align the road. Councilmember Perez stated he supports moving forward with this item using Gas Tax and defer judgment on agency reimbursement. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to develop a preliminary design for the realignment of Virginia Colony Place using Gas Tax and deferring agency funding of the project (Item 11.F.) ; and to approve request to place the subject water facility at the southwest corner of Virginia Colony Park. The motion carried by unanimous voice vote. H. Consider Request to Convey to the City the Maintenance Responsibility for the Parkway Located on the North Side of Campus Park Drive East of Loyola Street. Staff Recommendation: That the City Council deny the request. Mr. Gilbert gave the staff report. Mr. Kueny said for this property to be separated from the irrigation system currently in place would be very costly. He questioned the HOA's interest in owning the property if the City has already agreed to maintain it. Carolyn Poleri, 6863 Trojan Court, addressed the Council and questioned whether or not the Homeowner's Association has liability for this property. In response to Mrs. Poleri, Ms. Kane said the City has liability because of the underlying ownership. Mostafa M. Gad, 14560 Loyola Street, said he believes there are several ways of handling the issue, one of which is maintain the status quo and have the homeowners maintain it, secondly, is for the City to maintain it, and the third is his proposal to purchase the land and between he and the City it would be maintained. Minutes of the City Council Moorpark, California 16 August 4, 1993 MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to deny the request to convey to the City the maintenance responsibility for the parkway located on the north side of Campus Park Drive east of Loyola Street. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the Mayor declared a recess. The time was 11:12 p.m. The meeting reconvened at 11:24 p.m. K. Consider Appeal of the Letter from the Ventura County Resource Management Agency with Regard to Hauling West County Trash to the Simi Valley Landfill. Councilmember Montgomery addressed this issue and provided some background regarding the events leading up to this matter. He said the City can do one of two things, 1) enter into a court battle and demand Waste Management to cease dumping garbage in our backyard, or 2) direct staff to prepare for the Mayor's signature a letter to the Board of Supervisors appealing the decision of Keith Turner (Resource Management Agency) . Indicating to the Board of Supervisors that in fact the Simi Valley Landfill is operating in violation of its CEQA standards. He requested that the Waste Commission take similar action. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to direct an appeal to the Ventura County Board of Supervisors protesting the decision of the Resource Management Agency; copies of the appeal to be provided to the members of the Ventura County Waste Commission; copies of resolutions from Simi Valley and Thousand Oaks to be sought in the next couple of weeks. The motion carried by unanimous voice vote. D. Consider Draft Development Agreement Regarding the Carlsberg Specific Plan - Carlsberg Financial Corporation. Staff Recommendation: Direct staff as deemed appropriate. Mr. Aguilera gave the staff report. Ron Tankersley, 2800 28th Street, Suite 200, Santa Monica, spoke representing Carlsberg Financial Corporation. He requested the Council to direct staff to take the draft under advisement. Minutes of the City Council Moorpark, California 17 August 4, 1993 MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to send this item to the Community Development Committee to start the process of a development agreement between the City of Moorpark and Carlsberg Financial Corporation. The motion carried by unanimous voice vote. E. Consider a Request by Bollinger Development Incorporated for the City to Accept an Application for a General Plan Amendment for a 655 Acre Residential and Golf Course Development Located West of Walnut Canyon, East of Grimes Canyon. Staff Recommendation: 1) Direct staff to either accept or reject an application for a General Plan Amendment, 2) If the City Council approves the processing of a General Plan Amendment, direct staff as to an acceptable minimum lot size; maximum number of residential lots; and whether or not to separately calculate the non - residential uses when determining density. Mr. Aguilera gave the staff report. DeWayne Jones, 718 N. Greenbrier Street, Simi Valley, stated that he is building a home in Moorpark and is pleased at the possibility of the proposed Bollinger Development coming to Moorpark. Ray Lahr, 18254 Coastline Drive, Malibu, spoke as one of the 35 limited partners of this project. He spoke in favor of the proposed General Plan Amendment and development. Trevor Melby, Grimes Canyon Road, spoke as a local property owner. He said the property is available and useable and should be developed now. He encouraged the Councilmembers to approve the General Plan Amendment. Phil Lee, 6005 Grimes Canyon Road, said this project will benefit the City by boosting the economy. He spoke in favor of the proposed Bollinger development. Donald Thomas, 10400 Presilla, Camarillo, spoke as a resident of Camarillo. He is the Chairman of the Westoaks 27 Investment Group and encouraged the Council to approve the General Plan Amendment to allow this development to move forward. Minutes of the City Council Moorpark, California 18 August 4, 1993 Jeff Ives, 5495 Grimes Canyon Road, spoke in support of the proposed development. Councilmember Montgomery commented that this is not an approval of the project under any circumstances. Mayor Lawrason indicated that he is not totally supportive of the project in its present form, but he would like it to progress. Councilmember Perez commented that it is important to note that even though a General Plan Amendment is requested it is not a fait accompli that it will move beyond the application stage. He stated that he does not see things that are significantly different than the first submission and there are too many questions for him to vote in favor of the General Plan Amendment at this time. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to direct staff to accept the filing of a General Plan Amendment based upon the development proposal as presented; density shall be calculated based upon the gross site acreage (655 acres) . The motion carried by 4 -1 roll call vote, Councilmember Perez dissenting. I. Consider Adoption of A Policy for Naming and Renaming City Parks. Staff Recommendation: 1) That the City Council direct the Parks and Recreation Commission to review and modify the draft policy regarding naming and renaming of city parks, with the goal of developing a clear and simple policy; and 2) Direct the Parks and Recreation Commission and staff whether or not to revisit the names for the three neighborhood parks in Mountain Meadows. Chris Adams gave the staff report. Mayor Lawrason said he does not support the process of having a park naming process as it adds to an already burdened bureaucracy. Councilmember Montgomery said he believes it is a good idea to establish guidelines now for the naming of future parks and that all three Mountain Meadows Parks should be renamed. Minutes of the City Council Moorpark, California 19 August 4, 1993 MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to direct the Parks and Recreation Commission to review renaming the three public parks in Mountain Meadows; to draft a policy of naming parks (not renaming); and to agendize a policy for naming public buildings. The motion carried by 4 -1 voice vote, Mayor Lawrason dissenting. J. Consider Possible Change to Section 8.32.040 of Ordinance No. 173 (Smoking Ordinance) to Provide Clarification on the Posting of Signs. Staff Recommendation: Direct staff as deemed appropriate. Councilmember Wozniak provided comments for this item. CONSENSUS: By consensus, the Council directed staff to review other ordinances or proposed ordinances of various cities to analyze how the posting of No Smoking signs was addressed and to report back to Council. Staff is directed not to actively enforce the posting of signs until this item is resolved. B. Consider Proposed 1993/94 Objectives. Staff Recommendation: Direct staff as deemed appropriate. (Continued Item 11.L. from 7/7/93; Item II.C. from 7/14/93; Item 11.A. from 7/21/93; Item II.A. from 7/28/93). MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to continue this item to the City Council meeting of August 18, 1993. The motion carried by unanimous voice vote. 12. ORDINANCES: None. 13. FUTURE AGENDA ITEMS: Councilmember Wozniak requested that the City Council meeting agenda for the August 18, 1993 meeting include an item to enter into negotiations for alternate downtown park sites. CONSENSUS: By consensus, the Council determined that a press release should be done to notify the community of the consideration of this item at the August 18, 1993 meeting. Minutes of the City Council Moorpark, California 20 August 4, 1993 Councilmember Perez requested that a future agenda item be to discuss the waiver of fees for future events such as Market Days. He requested a report back on this item. 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. Personnel pursuant to Government Code Section 54957.6. C. Potential litigation pursuant to Government Code Section 54956.9(b) (1) . D. Potential litigation pursuant to Government Code Section 54956.9(c). E. Negotiations for Real Property on the South Side of High Street (Southern Pacific /VCTC) pursuant to Government Code Section 54956.8. F. Negotiations for Real Property at 280 Casey Road (Moorpark Unified School District), pursuant to Government Code Section 54956.8. G. Litigation concerning Conejo Freeway Properties, LTD. vs. City of Moorpark. H. Litigation concerning Moorpark vs. CalTrans (Case No. 123655) . I. Negotiations for Real Property - APN 504 -0 -030 -265 and 504 -0- 030 -267 (Buttercreek Park). J. Litigation concerning City of Moorpark vs. Foster Enterprises. K. Litigation concerning City of Moorpark vs. Downs. The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 12:55 a.m. Minutes of the City Council Moorpark, California 21 August 4, 1993 The Council reconvened in Closed Session at 1:00 a.m. Present in Closed Session were all Councilmembers; and Steven Kueny, City Manager; Cheryl Kane, City Attorney; and Jim Aguilera, Director of Community Development. Mr. Aguilera left the Closed Session at 1:14 a.m. The meeting reconvened into Open Session at 1:17 a.m. Mr. Kueny reported there was no action to report out of Closed Session and only items 14.A., 14.D., 14.H. and 14.K. had been discussed. 15. ADJOURNMENT: MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to adjourn the meeting. The motion carried by unanimous voice vote. The time was 1:17 a.m. ATTEST: