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HomeMy WebLinkAboutMIN 1993 0908 CC SPCMINUTES OF THE CITY COUNCIL Moorpark, California September 8, 1993 A Special Meeting of the City Council of the City of Moorpark was held on September 8, 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: Councilmember Perez led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Hunter, Montgomery, Perez, Wozniak and Mayor Lawrason Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Christine Adams, Director of Community Services; Jim Aguilera, Director of Community Development; Lieutenant Dean, Sheriff's Department; Ken Gilbert, Public Works Director; Mary Lindley, Assistant to the City Manager; Dirk Lovett, Assistant City Engineer; Don Reynolds, Administrative Services Manager; Jill Rubin, Solid Waste Coordinator; Steven Hayes, Economic /Redevelopment Agency Manager; Cheryl Kane, City Attorney; and Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Introduction of Rosemary Grossman, Records Clerk in the City Clerk's Department. Mayor Lawrason introduced Rosemary Grossman as the City's Records Clerk. B. Proclamation to Declare September 8, 1993 to October 8, 1993 as United Way Month. Mayor Lawrason presented the proclamation declaring United Way Month to Connie Lawrason. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONSENSUS: By consensus, the Council determined to move item 11.A. to the end of the Action /Discussion items. Minutes of the City Council Moorpark, California 2 6. PUBLIC COMMENT: September 8, 1993 Connie Lawrason, 4291 Ambermeadow Street, addressed the Council regarding the design of the new signs to be placed at the entrances and exits of Moorpark. She reported on the last CTAC /SSTAC meeting. She also indicated that the last meeting of the Countywide Planning Program was held today since the County of Ventura has disbanded this committee. Eloise Brown, 13193 E. Annette Street, spoke regarding item 14.L. She said that the City should develop a procedure to notify people when the City has plans to acquire property. Robert Lumley, 1701 Pacific Avenue, No. 170, speaking for G &S Partnership regarding item 11.F., requested a time extension. Tony Simon, 726 Nogales Avenue, addressed the Council regarding graffiti. He said graffiti should be called vandalism. He spoke in favor of the City's drafting of a graffiti ordinance but in the abatement of graffiti that the victim is not made a victim twice because of the cost and /or regulations involved in the graffiti abatement. Bill LaPerch, 7200 Walnut Canyon Road, spoke representing the Moorpark Mosquito Abatement District. He cautioned that the City needs to be vigilant of standing water, especially on the Riddle property on Los Angeles Avenue. He said that Mark Westerline will be contacting the City Code Enforcement Officers to see if the problem can be abated. 7. COMMITTEE REPORTS: Councilmember Montgomery reported on the Animal Regulation Commission meeting which he attended at the County and indicated they were considering a mid -year adjustment to rates. Councilmember Montgomery also reported on the last Waste Commission meeting. He said the Commission had settled on a policy not to haul all trash to the Simi landfill. He said this is a step in the right direction. He said regarding the hauling of Gold Coast facility waste through Moorpark, he was able to receive support only from the cities of Simi Valley and Thousand Oaks. Councilmember Montgomery reported on the last two Santa Monica Mountains Conservancy meetings. He said the Alamos Canyon acquisition and Messenger project property acquisition is high on the Conservancy's priority list. He indicated the Minutes of the City Council Moorpark, California September 8, 1993 Conservancy is interested in working with the City of Moorpark to acquire these lands. In response to Councilmember Perez, Councilmember Montgomery said even though SB817 is weaker legislation than was proposed, it would be possible to come back in later years and "clean up" the legislation and include some language which had been omitted. Councilmember Perez said he felt that this was an item the Council needed to consider again in the near future. 8. CONSENT CALENDAR (Roll Call Vote): MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to pull items 8.D., 8.E., 8.K., 8.L., 8.R., 8.S., and 8.T. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Minutes of the Special City Council Meeting of August 4, 1993. Consider Minutes of the Regular City Council Meeting of August 4, 1993. Consider Minutes of the Special City Council Meeting of August 18, 1993. Consider Minutes of the Regular City Council Meeting of August 18, 1993. Consider Minutes of the Adjourned Regular city Council Meeting of June 29, 1993. Consider Minutes of the Regular City Council Meeting of July 21, 1993. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register. Staff Recommendation: Approve the Warrant Register. C. Consider Authorization to Advertise for Receipt of Bids for the Construction of an Access Road to Serve the Sunnyslope Debris Basin. Staff Recommendation: 1) Approve the plans and specifications; 2) Authorize staff to advertise for receipt of bids for the project. (Continued Item 8.F. from 8/18/93). Minutes of the City Council Moorpark, California 4 September 8, 1993 F. Consider Exoneration of Performance Bond for CUP 3793 (Mundee) Staff Recommendation: Authorize the City Clerk to exonerate Bond # 1- 905 -688. G. Consider Recommendation by Parks and Recreation Commission for Facility Name at Arroyo Vista Community Park. Staff Recommendation: Accept Commission recommendation and adopt "Arroyo Vista Recreation Center" as the official name of the facility at Arroyo Vista Community Park. H. Consider Awarding Contract for the Repair of Tierra Rejada Slope Failure. Staff Recommendation: 1) Award contract to R & H Paving, Inc. in the amount of $25,850, 2) Authorize City Manager to sign contract, 3) Approve a ten percent (10 %) for the project and authorize the City Manager to approve additional work if required for an amount not to exceed 10% of the contract price. I. Consider a Reauest from Colmer Development (TR -4081) for Refund of Deposits and Related Matters. Staff Recommendation: 1) Charles Abbott & Associates will be the City Engineer responsible for the project; 2) Whether or not the project is reinspected will be left to the discretion of the City Engineer; 3) Charles Abbott & Associates will inform the City as to the appropriate amount of bond to be retained; 4) The Committee agreed that the $3,000 cash bond should be released; 5) The accounting department will prepare and provide a statement of charges made to the Colmer account for inspection services; existing practices and procedures will be followed with no prorated refund for Grimes Canyon Road; any deposit remaining after completion of work of the City Engineer will be refunded; 6) The Committee agreed that the City should accept Mr. Colmer's offer to pay actual costs; 7) The Committee agreed to refund all funds not used to pay consultants (Charles Abbott & Associates). J. Consider Reduction/ Exoneration of Certain Bonds for Tract 4081 ( Colmer) . Staff Recommendation: Authorize the City Clerk to exonerate and /or reduce bonds for the project to the amounts specified. M. Consider Extension of Time Agreements with Coneio Freeway Properties (Carlsberg) Tentative Tract Maps (Tracts 4785 and 47861. Staff Recommendation: Approve the Agreement and authorize the Mayor to execute the document. Minutes of the City Council Moorpark, California 5 September 8, 1993 N. Consider Installation of Monte Vista Nature Park Fence. Staff Recommendation: Concur with the procedure and arrangement for monitoring the gate and receive and file the report. O. Consider Replaying City Council Meetings on Saturday Afternoons. Staff Recommendation: Direct staff to notify the public and program City Council meetings to be replayed on the Saturday following meetings at 2:00 p.m., in addition to the currently scheduled replay at 7:00 p.m. on the Thursday following meetings. P. Consider Date for Virginia Colony Park Dedication. Staff Recommendation: Direct staff to schedule Wednesday, September 15th, at 6:00 p.m. for the Virginia Colony Park Dedication. Q. Consider Proposal by KPMG Peat Marwick for the Review of the City and Agency Financial Management System. Staff Recommendation: Approve the proposal submitted by KPMG Peat Marwick and appropriate $11,000, 50% from the Redevelopment Agency and 50% from the General Fund Reserve. U. Consider Resolution No. 93 -965 to Prohibit Overnight Parking in Certain City Parks. Staff Recommendation: Adopt Resolution No. 93 -965. The following items were pulled from the Consent Calendar for individual consideration: D. Consider Resolution No 93 -966 Designating the Intersection of Campus Park Drive and College View Avenue a STOP Intersection and Directing the Placement of a STOP Sign at the South Entrance Thereto. Staff Recommendation: Adopt Resolution No. 93 -966 directing the placement of a STOP sign on the south leg of the intersection of College View Avenue and Campus Park Drive, and approve the removal of.the traffic signal at the subject intersection. Councilmember Hunter stated that a section should be added to the resolution to provide for the removal of the traffic signal at the intersection of Campus Park Drive and College View Drive. In response to Councilmember Hunter, Mr. Gilbert stated that the resolution could be adopted as amended. Minutes of the City Council Moorpark, California 6 September 8, 1993 MOTION: Councilmember Hunter moved and Councilmember Perez seconded a motion to adopt Resolution No. 93.966 as amended by Councilmember Hunter above. The motion carried by unanimous voice vote. E. Consider Resolution No. 93- 967_Repealinq Resolution Nos. 87 -399, 88 -514 and 93 -923 Pertaining to Parking Restrictions in the North Meadows and South Meadows Portions of Mountain Meadows (PC -3) and Establishing NO STOPPING ANYTIME Zones on Certain Streets in Said Areas. Staff Recommendation: Adopt Resolution No. 93 -967. Councilmember Hunter indicated that he thought the intent was to have no stopping at any time on the north side of North Meadows Park. In response to Councilmember Hunter, Mr. Gilbert said the intent of the resolution is no parking on Mountain Trail, west of Mountain Meadows. He indicated both sides of the street are no parking. Councilmember Hunter said he believed the intent was that there was to be no stopping on both sides instead of no parking anytime. Councilmember Montgomery indicated that no stopping on the north side and no parking on the south side should resolve the situation. MOTION: Councilmember Hunter moved and Councilmember Montgomery seconded a motion to adopt Resolution No. 93 -967 with the amendment that there be no stopping anytime on the north side of Mountain Meadow Drive from Walnut Creek Road easterly to a point approximately 250 feet east of Walnut Creek Road. The motion carried by unanimous voice vote. K. Consider Resolution No. 93 -968 to Authorize City Regulation of the Rates Charged for the Basic Tier of Cable Television Service. Staff Recommendation: Adopt Resolution No. 93 -968 and authorize staff to take necessary action to initiate rate regulation, including without limitation, obtaining FCC certification. Councilmember Montgomery indicated he pulled this item to bring it to the attention of the public. He said this action will make sure the City is making full advantage of the Federal Regulation in exercising control over cable regulation. Minutes of the City Council Moorpark, California 7 September 8, 1993 MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to approve the staff recommendation to adopt Resolution No. 93 -968, to authorize City regulation of the rates charged for the base tier of cable television service; and to authorize staff to do all that is necessary to initiate rate regulation, including without limitation, obtaining FCC certification. The motion carried by unanimous voice vote. L. Consider Resolution No. 93 -969 Providing Workers' Compensation for Selective Volunteers. Staff Recommendation: Approve Resolution No. 93 -969. Councilmember Hunter indicated that the second whereas should read "whereas, said volunteers should be eligible for worker's compensation insurance while on duty and performing tasks on behalf of the City." The City Attorney read an amendment to the language of the second section as follows: "provide eligibility for said volunteers for worker's compensation benefits which will be applicable during the time the person actually performs volunteer services on behalf of the City of Moorpark, provided, however, that the rights of volunteers shall be limited as set forth in the Labor Code." MOTION: Councilmember Hunter moved and Councilmember Montgomery seconded a motion to adopt Resolution No. 93 -969 as amended above by Councilmember Hunter and the City Attorney above. The motion carried by unanimous voice vote. R. Consider Approval of Aerial Photographic Services. Staff Recommendation: 1) Authorize staff to solicit bids for aerial photographic services; 2) Approve an appropriation of funds (as noted from the Community Development Fund, Gas Tax Fund, and the Moorpark Redevelopment Agency Fund) and Budget Amendment for this project in the amount of $10,000 to be divided between the Community Development Department (041- 131 -641 - $4,200); the Public Works Department (003- 142 -641 - $4,200); and the Moorpark Redevelopment Agency (070 -4- 170 -641 - $1,600). Councilmember Hunter indicated that the second recommendation in the staff report should have the word "equally" stricken. Minutes of the City Council Moorpark, California 8 September 8, 1993 MOTION: Councilmember Hunter moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to authorize staff to solicit bids for aerial photographic services; and to approve an appropriation of funds from the Community Development Fund, Gas Tax Fund and Moorpark Redevelopment Agency Fund as outlined in the staff report dated August 18, 1993, and approve the budget amendment for this project in the amount of $10,000 to be divided between the Community Development Department, the Public Works Department and the Moorpark Redevelopment Agency. The motion carried by unanimous voice vote. A roll call vote was then taken on this item. The vote was unanimous. Councilmember Montgomery noted that a corresponding action was required and taken by the Redevelopment Agency on this matter. S. Consider FY 1993/94 Budget Amendment and Allocate Funds for the Construction of Concrete Steps Between the Metrolink Platform and the North Parking Lot. Staff Recommendation: 1) Appropriate $5,200 from Fund 12, TDA Reserves; 2) Approve an amendment to the FY 1993/94 Budget; 3) Approve the construction of the steps at a total project cost not to exceed $5,200 from the City's TDA funds, and 4) Authorize the City Manager to execute necessary contract documents. (ROLL CALL VOTE). In response to Councilmember Hunter, Ms. Lindley said that bids had been solicited from 10 contractors, but only one bid was received. MOTION: Councilmember Hunter moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to appropriate $5,200 from Fund 12, TDA Reserves, to approve an amendment to the fiscal year 93/94 budget for the project by adding $5,200 to line item 12.4.515.903, to approve the construction of the steps at a total project cost not to exceed $5,200 from the City's TDA Funds, and to authorize the City Manager to execute the necessary contract documents. The motion carried by unanimous roll call vote. Minutes of the City Council Moorpark, California 9 September 8, 1993 T. Consider Authorization to Advertise for the Receipt of Bids for the Construction of the Charles Street Storm Drain and Sidewalk Improvements (Phase II). Staff Recommendation: 1) Approve the plans and specifications; 2) Authorize staff to advertise for receipt of public bids. Councilmember Perez communicated his hope that the staff would do whatever possible to see that the residents on Charles Street had easy ingress and egress during construction. Councilmember Montgomery noted that the project would probably begin in late October or November and take at least four months. MOTION: Councilmember Perez Montgomery seconded a motion t plans and authorize the staff to for the subject project. The voice vote. 9. PUBLIC HEARINGS: moved and Councilmember o approve the project design advertise for receipt of bids motion carried by unanimous A. Noticed Public Hearina on the Approval and Authorization of the Moorpark Redevelopment Agency to Enter into Purchase and Rental Agreements for the Former VCTC /Southern Pacific Railroad High Street Properties with Various Tenants. Staff Recommendation: Staff recommends that the City Council authorize the Redevelopment Agency to enter into Purchase and Rental Agreements for the VCTC /Southern Pacific Railroad High Street Properties. Mr. Hare gave the staff report. Mayor Lawrason opened the public hearing. Francis Okyere, 530 Moorp, the Chamber of Commerce. interest in leasing the corner of High Street and Chamber envisions it as a good location. ark Avenue, spoke representing He indicated the Chamber's former bank building on the Moorpark Avenue. He said the visible piece of property and Minutes of the City Council Moorpark, California 10 September 8, 1993 Mayor Lawrason closed the public hearing. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the staff recommendation to authorize the Moorpark Redevelopment Agency to enter into purchase and rental agreements for the former VCTC /Southern Pacific Railroad High Street properties. The motion carried by unanimous voice vote. 10. COMMENTS FROM COUNCILMEMBERS: In response to Councilmember Wozniak, Mr. Aguilera said Urban West Communities is being made to abide by the sign ordinance relative to putting up their signs on week -ends. He indicated there were still two "bootleg" signs and staff was still working on that problem. Councilmember Wozniak stated that the maintenance department should remove the "bootleg" signs as they are illegal. Councilmember Montgomery noted that a business symposium on the 10th of September at the Howard Johnson's is being sponsored by the Cities and Chambers of Commerce of the cities of Moorpark and Thousand Oaks. He said the symposium would particularly address waste reduction and recycling items. He invited all to attend. Councilmember Perez complimented MYAC and City staff for the Labor of Love picnic. Councilmember Perez said the Fall Knights of Columbus barbecue would be on Sunday from 9:00 a.m. to 5:00 p.m. He invited everyone. 11. ACTION /DISCUSSION ITEMS: B. Consider Resolution No. 93 -970 Establishing a Permit Only Parking Program Including Consideration of Overnight Parking. Staff Recommendation: Adopt Resolution No. 93 -970 establishing a PERMIT ONLY parking program. (Continued Item 11.E. from 7/7/93; Item 11.C. from 8/4/93; Item 11.B. from 8/18/93 with revised title.) Mr. Gilbert deferred the staff report. Councilmember Wozniak indicated that the Transportation and Streets Committee, which considered this resolution, determined that the guidelines were adequate to start the process. He said area H has not been divided because of the difficulty of trying to do so. Minutes of the City Council Moorpark, California 11 September 8, 1993 Councilmember Montgomery said there were a couple of ideas presented at the Town Hall meeting which he felt should be considered by the Council. Those ideas were to try a street sweeping approach to the parking problem and in area H to notice a public hearing for that area alone with a tear off response portion to the notice which could be returned by those residents who could not attend the public hearing. Councilmember Wozniak commented that the street sweeping approach to the problem might be a beginning approach. Councilmember Hunter said this proposed program would simply be a resource to empower people to control a problem in their neighborhoods. Councilmember Perez indicated his support of the Committee's recommendations. Councilmember Montgomery indicated he would support going forward with the ordinance, knowing that the Council would have final disposition. However, he indicated that it was his desire to go forward with a street sweeping ordinance as an enforcement technique. Mayor Lawrason stated that area H is the genesis for this entire program and the focus should be on solving the problem in that area. Councilmember Perez said that overcrowding is a result of a lack of affordable housing in the City and that it is the Council's responsibility to address that situation. MOTION: Councilmember Perez moved a motion to approve the staff recommendation. THE MOTION WAS WITHDRAWN. Mr. Gilbert indicated that the resolution to be adopted was the resolution attached to his August 9th memo to the Council. Mr. Kueny clarified that Exhibit C on page 2, number 3, second bullet, should have the added language: "with no more than one signature per lot "; in addition, number 5 should be changed so that a flat fifty cents per lot filing fee. Minutes of the City Council Moorpark, California 12 September 8, 1993 MOTION: Councilmember Montgomery moved and Councilmember Hunter seconded a motion to approve the staff recommendation to adopt Resolution No. 970 as amended by Mr. Gilbert and Mr. Kueny above, establishing a PERMIT ONLY PARKING program and to approve the policies and procedures for the program as attached in Exhibit C. The motion carried by roll call vote 4 -1, Mayor Lawrason dissenting. C. Consider Ordinance No. Amending Section 10.04.190 of the Municipal Code Pertaininq Parking Prohibitions. Staff Recommendation: Approve Ordinance No. amending Section 10.04.190 pertaining to parking restrictions, for first reading. (Continued Item 11.C. from 8/18/93). Mr. Gilbert gave the staff report. In response to Council question, Lieutenant Dean stated that wheelchair access and handicapped parking are two separate issues. Ms. Kane read the ordinance title. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion waive further reading and read the ordinance title only. The motion carried by unanimous voice vote. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to declare Ordinance No. 178 introduced for first reading. The motion carried by unanimous voice vote. D. Consider Establishina Parkina Restrictions to Facilitate Street Sweeping. Staff Recommendation: Direct staff as deemed appropriate. Mr. Gilbert gave the staff report. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to continue this matter to the first regular meeting in October. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the Mayor declared a recess. The time was 9:12 p.m. The Council reconvened at 9:27 p.m. Minutes of the City Council Moorpark, California 13 September 8, 1993 E. Consider Update on Charging Youth Sports Organizations Using City Fields. Staff Recommendation: Direct staff as deemed appropriate. (Continued Item 11.F. from 8/18/93). Ms. Adams gave the staff report. Councilmember Hunter commented that solicitation of in- kind volunteer services is something he feels should be emphasized. Councilmember Perez indicated his concurrence with Councilmember Hunter. CONSENSUS: By consensus, the Council determined to receive and file the report and direct that the Public Works, Facilities and Solid Waste Committee will work with youth sports organizations in the future regarding this matter. F. Consider Request to Provide Incentives for Mail Marketing Corporation. Staff Recommendation: Direct staff as deemed appropriate. Mr. Hare gave the staff report and indicated that this item was on the Council's agenda originally at the request of the applicant. He said now the applicant has requested a time extension until after the project is reviewed by the Planning Commission. Mr. Kueny said, in response to Mayor Lawrason, that the review by the Planning Commission should allow a return to the Council for consideration in October. He said the committee recommended and the applicant accepted that $200,000 would be required to satisfy the applicant's obligation for City -wide traffic mitigation. He said it was determined that this project was not subject to the Los Angeles Area of Contribution; however, new information was that the widening of Los Angeles Avenue is required adjacent to the 118 -foot right -of -way section in order to provide three travel lanes in each direction there. He said staff is researching this in order to determine what, if any, obligation has already been met by the original subdivision. He said as soon as more information is available it will be provided to the City Council. Councilmember Perez stated that the Committee requested Mail Marketing to describe what benefits their business will provide to the community and what support the community can expect. They asked for a commitment Minutes of the City Council Moorpark, California 14 September 8, 1993 regarding youth job programs including a guarantee for part -time jobs after school and /or in the summer. In response to Councilmember Perez, Mr. Hare indicated that although he has talked to the applicant's representative several times, nothing has yet been received in writing. He said nothing may be provided until the requirements of the project are completely worked out. CONSENSUS: By consensus, the Council determined to allow the time extension and review this project after the Planning Commission review; in addition, the Ad Hoc Council Committee (Councilmembers Perez and Wozniak) were authorized to meet and provide their comments to the Planning Commission. G. Consider Resolution 93- 1 Participation in Abandoned Vehicles Program. Staff Recommendation: Direct staff as deemed appropriate. Ms. Lindley gave the staff report. She said that if this program is approved by VCTC and comes back in a more formal manner, the City may want to consider joining so the collected dollar per vehicle will not go to some other City. Mr. Aguilera said that the County of San Bernadino has operated a similar program for three years and their program works extremely well. Councilmember Montgomery commented that an additional layer of bureaucracy is being added at a time when we should be streamlining. In response to Councilmember Montgomery, Ms. Lindley indicated that Vicky Howard and Bill Davis voted to initiate the process not to approve the program. Councilmember Montgomery stated that the City should communicate in writing our dislike of this program and send a letter to VCTC. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to authorize the Mayor to sign a letter to Supervisor Howard and to Bill Davis, and to VCTC indicating the City's opposition to the program. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California 15 September 8, 1993 H. Consider Bids for Los Angeles Avenue Improvements (Assessment District 92 -1, Phase II). Staff Recommendation: 1) Accept the request by Southern Pacific Milling Co. to waive the error omitting the unit cost for traffic control and accept the original bid amount of $588,506; 2) Award a contract for the construction of Phase II to the lowest responsive bidder, Southern Pacific Milling Co., for the bid amount of $588,506; 3) Approve a ten percent (10 %) contingency for the project and authorize the City Manager to approve additional work, if required, for an amount not to exceed ten percent (10 %) of the contract price; 4) Authorize the Mayor to sign necessary contract documents. Mr. Lovett gave the staff report. MOTION: Councilmember Montgomery and Councilmember Perez seconded a motion to accept the request by S.P. Milling to waive the error omitting the unit cost for traffic control and accepting the original bid amount of $588,506; to award a contract for the construction of Phase II to the lowest responsive bidder, S.P. Milling Company, for the bid amount of $588,506; to approve a 5% contingency for the project and authorize the City Manager to approve additional work if required for an amount not to exceed 5% of the contract price; authorize the Mayor to sign the necessary contract documents. The motion carried by unanimous voice vote. I. 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. Mr. Aguilera gave the staff report. Debra Ryono, 530 Moorpark Avenue, spoke in opposition to the posting of exterior No Smoking signs. Councilmember Wozniak commented that the posting of signs at entrances to shopping centers is a good idea. He said the City of Simi Valley left placement of the signs up to the individual businesses. He said a few of them have a small sign that says "this facility is a no smoking facility." He said the signs are six inches long and one inch tall. He said he would like to adopt alternative D in the staff report which said that the City would design a sign which would be posted at entrances and other prominent locations of shopping centers, in addition to Minutes of the City Council Moorpark, California 16 September 8, 1993 the posting of interior signs. He said he felt the City should leave it up to the business owner where to post. Councilmember Montgomery said multi - tenant facilities would have a sign posted at the parking lot entrance. He said he and Councilmember Wozniak, as a committee, should work in conjunction with staff and bring back an amended draft ordinance. CONSENSUS: By consensus, the Council determined to refer this matter to the Public Works, Facilities and Solid Waste Committee to work with staff to amend the draft ordinance. J. Consider Cost for Future Election Night Computer Linkage with Ventura County Elections Division. Staff Recommendation: Direct staff as deemed appropriate. Mr. Hare gave the staff report. Councilmember Montgomery recommended foregoing the Election Night computer linkage for this year. He said it should only be done in even numbered years when regular City elections are held. In response to Councilmember Montgomery, Mr. Kueny indicated that this is a fixed cost and linkage in even years only is not an option. Councilmember Wozniak indicated he believes it is not needed. MOTION: Councilmember Montgomery moved and Councilmember Hunter seconded a motion to determine to forego election night computer linkage but to direct staff to investigate alternatives to obtaining election results. The motion carried by unanimous voice vote. K. Consider Creation of Joint Governmental Relations Committee between Moorpark Unified School District and City of Moorpark. Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny stated that the City anticipated receiving a letter from the Moorpark Unified School District which had not been received. Minutes of the City Council Moorpark, California 17 September 8, 1993 MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to continue this matter to the next regularly scheduled City Council meeting. The motion carried by unanimous voice vote. L. Discussion of Freeway Fence Near Campus Park. Staff Recommendation: Direct staff as deemed appropriate. Mr. Gilbert gave the staff report. He said the freeway right -of -way does not coincide with existing fences, particularly on the north side of the freeway just east of Campus Park. He said the net result is the creation of a "no man's land" between the freeway chain link fence and the property wall. Councilmember Montgomery said the HOA may want to grant deed over that portion of property over to Caltrans or Caltrans may want to use the same mechanism to enable the HOA to do the maintenance. Councilmember Montgomery indicated that Council involvement would possibly help move this process to resolution. He said a Council committee with prior experience in discussions with Caltrans could put this matter on their agenda. CONSENSUS: By consensus, the Council determined that staff and the Public Works, Facilities and Solid Waste Committee should work together regarding this issue as outlined by Councilmember Montgomery above. M. Consider Approval of a Required Refuse Collection Enforcement Policy and Ordinance Amendments to the City's Solid Waste Ordinance 123, Municipal Code Chapter 8.36. Staff Recommendation: 1) Approve the Required Solid Waste Collection Compliance Policy, and 2) Approve amendments to the Solid Waste Ordinance 123, Municipal Code Chapter 8.36, to include exemptions and definitions. Ms. Rubin gave the staff report. Councilmember Perez asked if the first two sentences under physical limitations on Exhibit B could be combined. In response, Ms. Rubin indicated that they could be. Minutes of the City Council Moorpark, California 18 September 8, 1993 In response to Councilmember Hunter, Ms. Rubin said that the compliance letter - third notice could be sent certified mail. Gerry Goldstein, 11932 Los Angeles Avenue, spoke regarding the collection of trash at his home. In response to Councilmember Montgomery, Ms. Kane stated that she had not reviewed the ordinance since her original review. Ms. Lindley said the City Attorney's comments had to do with exemptions and except for those changes, staff did not change the ordinance after the City Attorney provided comments. Ms. Kane clarified that she was not requested to review the substance of the ordinance. She was asked to review the ordinance relative to its relationship with the remainder of the chapter to see if there were any conflicts. She said there were some inconsistencies. Councilmember Montgomery indicated the City needed to move ahead with the compliance letter - third notice and the policy. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the required solid waste collection compliance policy as outlined in the staff report dated August 26, 1993 and to direct that the compliance letter - third notice be sent to those not in compliance and be sent certified mail; staff and the City Attorney to resolve the text and bring the ordinance back for first reading at the next meeting. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the Mayor declared a recess. The time was 11:15 p.m. The Council reconvened at 11:30 p.m. N. Consider Ordinance No. , Amending Ordinance No. 134 and Extending the Date of Completion for the Rebuild of the Cable Television System Owned and Operated by the Chronicle Publishing Company Serving the City of Moorpark. Staff Recommendation: Approve Ordinance No. , amending Ordinance No. 134 and extending the date for completion of the rebuild of cable system owned and operated by the Chronicle Publishing Company serving the City. Minutes of the City Council Moorpark, California 19 Mr. Hare gave the staff report. September 8, 1993 In response to Councilmember Montgomery, Mr. Hare said the cable company's position is that they will not be able to rebuild the system with fiberoptic cable and still be in compliance with the rebuild deadline in their franchise agreement. He went over the three benefits to the City in the agreement involved with the extension of the deadline as: 1) adoption of the FCC standards; 2) the inclusion of the stand -by power requirement, and 3) installation of fiberoptic cable which carries more channels with better clarity. Cheryl Kane read the ordinance title. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to waive further reading and read the ordinance title only. The motion carried by unanimous voice vote. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to declare Ordinance No. 179 introduced for first reading. The motion carried by unanimous voice vote. O. Consider Planning Commissioner Attendance at the League of California Cities Annual Conference or the Planning Institute. Staff Recommendation: Direct staff as deemed appropriate. Mr. Hare and Mr. Aguilera gave a joint staff report. CONSENSUS: By consensus, the Council determined to communicate to the Planning Commission that they are deemed able to pick the conferences and meetings which they wish to attend and the members which they determine to attend those conferences and meetings as long as they stay within the constraints of the budget. Councilmember Perez said the training provided at the conferences and seminars is very important for the Planning Commissioners. P. Consider Adoption of the Proposed Ordinance No Control and Abatement of Graffiti. Staff Recommendation: Direct staff as deemed appropriate. CONSENSUS: By consensus, the Council determined to continue this item to Wednesday, September 15, 1993. Minutes of the City Council Moorpark, California 20 September 8, 1993 A. Consider Proposed 1993194 Objectives. Staff Recommendation: Direct staff as deemed appropriate. (Continued Item 11.A. from 8/18/93). CONSENSUS: By consensus, the Council determined to continue this item to Wednesday, September 15, 1993. 12. ORDINANCES: None. 13. FUTURE AGENDA ITEMS: Councilmember Perez requested an item on SB817 be scheduled for the next regular meeting. 14. CLOSED SESSION: MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to go into Closed Session for a discussion of items 14.C., L., M. and N. of the Closed Session items listed below: 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). Minutes of the City Council Moorpark, California 21 September 8, 1993 J. Litigation concerning City of Moorpark vs. Foster Enterprises. K. Litigation concerning City of Moorpark vs. Downs. L. Negotiations for Real Property at 675 Moorpark Avenue (Moss) and 661 Moorpark Avenue (Aikens) pursuant to Government Code Section 54956.8. M. Negotiations for Real Property on the North Side of Los Angeles Avenue contiguous to Mission Bell Plaza (Ken MacLeod). N. Negotiations for Real Property at 18 High Street (Abbott & Associates, Moorpark Chamber of Commerce, Moorpark Melodrama) pursuant to Government Code Section 54956.8 . The motion carried by unanimous voice vote. AT THIS POINT in the meeting, a recess was declared. AT THIS POINT in the meeting, the Redevelopment Agency was reconvened. MOTION: Agency Member Montgomery moved and Agency Member Perez seconded a motion to adjourn to Closed Session for a discussion of 14.L., M. and N. L. Negotiations for Real Property at 675 Moorpark Avenue (Moss) and 661 Moorpark Avenue (Aikens) pursuant to Government Code Section 54956.8. M. Negotiations for Real Property on the North Side of Los Angeles Avenue contiguous to Mission Bell Plaza (Ken MacLeod). N. Negotiations for Real Property at 18 High Street (Abbott & Associates, Moorpark Chamber of Commerce, Moorpark Melodrama) pursuant to Government Code Section 54956.8 . The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 11:38 p.m. The Council reconvened into Closed Session jointly with the Moorpark Redevelopment Agency. Minutes of the City Council Moorpark, California 22 September 8, 1993 Present in Closed Session were all Council /Agency members; Steven Kueny, City Manager /Executive Director; Richard Hare, Deputy City Manager /Agency Treasurer; Cheryl Kane, City Attorney /Agency Counsel. The Council /Agency reconvened into Open Session at 12:43 a.m. Mr. Kueny stated that only items 14.L., 14.M. (Council) and L. and M. (Agency) had been discussed jointly; and only 14.C., 14.D., and 14.F. had been discussed by the Council and their was no action to report. AT THIS POINT in the meeting, Mayor Lawrason adjourned the Redevelopment Agency. The time was 12:43 a.m. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to reject the claim of Glen Reiff. The motion carried by unanimous voice vote. 15. ADJOURNMENT: The Mayor adjourned the meeting at 12:44 a.m. Paul W. Lawra ATTEST: f , Jr., Mayor