Loading...
HomeMy WebLinkAboutMIN 1993 0106 CC REGMINUTES OF THE CITY COUNCIL Moorpark Community Center January 6, 1993 A Regular Meeting of the City Council of the City of Moorpark was held on January 6, 1993 in the Council Chambers of said City at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Lawrason called the meeting to order at 7:21 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was said during the Redevelopment Agency meeting. 3. ROLL CALL: Present: Councilmembers Hunter, Montgomery, Perez, Wozniak and Mayor Lawrason Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Mary Ann Goodkind, Burke, Williams and Sorensen; Don Reynolds, Administrative Services Manager; Charles Abbott, City Engineer; Chris Oberender, Associate City Engineer; Lieutenant Dean, Sheriff's Department; Ken Gilbert, Director of Public Works; Jaime Aguilera, Director of Community Development; Christine Adams, Director of Community Services; Mary Lindley, Assistant to the City Manager; Paul Porter, Senior Planner; Lillian Hare, City Clerk; Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Proclaiming January 18, 1993 as a Day to Celebrate the Birthday and Teachings of Dr. Martin Luther King, Jr. Mayor Lawrason presented a proclamation to Ted Green, from the NAACP. B. Recognize Larry Jones as Coach for the Moorpark Academic Decathlon Team. Mayor Lawrason presented a certificate of achievement to Larry Jones. C. Introduction of New Maintenance Worker I, Rudy Perez. Mayor Lawrason introduced new Maintenance Work I, Rudy Perez. Minutes of the City Council Moorpark, California Page 2 5. M January 6, 1993 REORDERING OF AND ADDITIONS TO THE AGENDA: CONSENSUS: By consensus, the Council determined to hear Item 11.A. at the end of the Action /Discussion items. PUBLIC COMMENT: Mark Goodman, 147 Flory Avenue, addressed the Council regarding the need for a "slow" or "flooding" sign on Flory Avenue. In response to Mr. Goodman, Mr. Kueny said that the staff would review the placement of an appropriate sign on Flory Avenue. Allen Camp, 1050 South Kimball, Ventura, addressed the Council regarding Item 8.G., IPD 90 -70 through 13 and 91 -1 through 3. He requested that the Council accept material which he had provided to the City Clerk. The Mayor advised Mr. Camp that this item would be pulled from the Consent Calendar and he would have an opportunity to address it at that time. Ruth Farabaugh, 13543 E. Cedarpine, addressed the Council regarding the proposal made by Pardee regarding inspections and retrofit work to be done by Fireplace Systems. She said she found the proposal unacceptable. Cynthia Hubbard, 187 Shasta Avenue, addressed the Council regarding the Commission appointments to be made this evening. She stated that four women have submitted applications and she would like to see some of them appointed. On another subject, she addressed the Council regarding the Heritage Board, saying that supported the County, as the City's designated Heritage Board. Francis Okyere, 484 E. Los Angeles Avenue, determined not to speak under Public Comment when his name was called. Gerry Goldstein, 11932 Los Angeles Avenue, addressed the Council regarding rubbish which was being dumped by the street sweepers in back of the library. He also complained about the parking of City vehicles in the parking lot in front of City Hall. Neno Spondello, 340 Rosewood, Ventura, addressed the Council regarding Item 11.H., CPD 89 -1 and 2, Minor Mod No. 3, saying that the item could be continued until the January 20th meeting. Barbara Shultz, 116 Sierra Avenue, addressed the Council regarding the proposed Assessment District 92 -1. She asked why she didn't receive notice. Minutes of the City Council Moorpark, California Page 3 7. EP January 6, 1993 In response, Ms. Goodkind explained that only property owners within the proposed District were individually noticed. Other notices were published in the Moorpark News Mirror. Ms. Shultz also explained that she had complained many times about the dust created by the work being done on the Mission Bell Plaza site. COMMITTEE REPORTS: None. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to pull items B.A., the Minutes of December 2, 1992 and the Minutes of December 9, 1992, 8.D., 8.F., 8.G., 8.H., 8.L. and 8.0. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. Consider Minutes of the Regular City Council Meeting of December 16, 1992. Consider Minutes of the Special City Council Meeting of December 16, 1992. Staff Recommendation: Approve the minutes as processed. B. Warrant Register FY 1992/93 Manual Warrants 19022, 19023, 19118 -19124 $ 198,720.39 Regular Warrants 19125 -19231 $ 113,566.85 Voided Warrants 19119 $ (4,348.00) C. Consider Authorizing the Trade -In of One Cellular Phone and the Purchase of Two Cellular Phones. Staff Recommendation: Authorize the purchase of two cellular phones and the trade - in of the Mitsubishi cellular phone. Minutes of the City Council Moorpark, California Page 4 January 6, 1993 E. Consider Acceptance of the 1992 Sidewalk Reconstruction Project. Staff Recommendation: 1) Accept the work as completed; 2) Instruct the City Clerk to file the Notice of Completion; and, 3) Authorize the release of the retention upon satisfactory clearance of the thirty -five (35) day lien period. I. Consider Acceptance of High Street Rehabilitation Protect. Staff Recommendation: 1) Accept the described work as complete; 2) Authorize the City Clerk to file the Notice of Completion; 3) Authorize the final progress payment and release the retention upon satisfactory clearance of any Stop Payment Claims and 35 -day lien period. J. Consider Authorization of Overnight Travel for Councilmember Patrick Hunter to Attend the Mayors and Councilmembers' Institute. Staff Recommendation: Authorize overnight travel per MOP 1. K. Consider Membership Application to the Southern California Joint Powers Insurance Authority (SCJPIA) by the City of Calabasas. Staff Recommendation: Receive and file the report. M. Consider Police Community Meeting Schedule. Staff Recommendation: Receive and file the report. N. Consider Senior Advisory Committee Guidelines. Staff Recommendation: Approve amended guidelines. P. Consider Report on Approval Authority for Maior Modification to DP 318 (Kavlico) . Staff Recommendation: Receive and file the report. The following items were pulled from the Consent Calendar for individual consideration: A. Consider Minutes of the Regular City Council Meeting of December 2, 1992. Councilmember Wozniak indicated that on page 2, "N" was incorrect and should be modified to read "after discussion by the Council, Mayor Lawrason appointed Scott Montgomery as Mayor Pro Tem." MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to amend the minutes of December 2, 1992 as presented by Councilmember Wozniak above. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 5 January 6, 1993 CONSENSUS: By consensus, the Council determined to rescind their previous action. The minutes to stand as presented. Consider Minutes of the Adjourned Regular City Council Meeting of December 9, 1992. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to amend the minutes of December 9, 1992 on page 5, first paragraph, to read: Councilmember Wozniak moved and Councilmember Perez seconded a motion to direct staff to make the appropriate changes to section 5.88 of the Municipal Code and return the item to the City Council for consideration at the next available Council meeting. The motion carried by voice vote, 4 -0, Councilmember Montgomery absent for the vote. The motion carried by unanimous voice vote. D. Consider the Attendance of Community Services Staff at the Annual California and Pacific Southwest Recreation and Park Conference, March 11 - 14, 1993. Staff Recommendation: That the City Council approve the attendance by three Community Services Department staff at the Conference. In response to Councilmember Wozniak, Ms. Adams replied that it would still be possible to obtain low airfare after new commissioners were appointed as flights had been booked now rather than waiting until after the new Commission was seated. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to approve the attendance of three Community Services staff at the 1993 California and Pacific Southwest Recreation and Parks Conference, March 11 -14, 1993, in San Francisco; and to authorize the transfer of $240.00 from Line Item 134 to Line Item 148 for the purpose of allowing the Recreation Coordinator to also attend this conference. The motion carried by unanimous voice vote. F. Consider 1) Approval of Design Services for the Tierra Rejada Road Widening Project and 2) Certain Revisions to the Agreement for Engineering Services with Willdan Associates Relating Thereto. Staff Recommendation: 1) Approve the Amendment to the Agreement for Engineering Services ( Willdan) revising the insurance requirements for the subject project, 2) Approve an increase in the design fee in an amount Not To Minutes of the City Council Moorpark, California Page 6 January 6, 1993 Exceed $100,000 for the design services required to complete the subject project, 3) Authorize the City Manager to approve all actions and authorize specific items of work related to the design of said project. Mr. Kueny stated that Willdan and Associates had provided an estimated additional construction cost to delete the temporary median improvements as currently shown on the plan and to provide full median curb improvements over the entire project length. Mr. Kueny indicated that the net cost increase would be an estimated $16,575. He requested that the Council include in their motion this evening an amendment to direct the plans to include a full raised median improvement over the entire project length as part of the scope of the design. In response to Council question, Mr. Gilbert said award of bid for the project could be made in April or May and construction would take approximately 9 - 12 months. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve an amended agreement for engineering services with Willdan revising the insurance requirements for the subject project; improve an increase in the design fee in an amount not to exceed $100,000 for the design services required to complete the design for the subject project; to authorize the City Manager to approve all actions and authorize specific items of work related to the design of said project; and to approve an amendment to the staff recommendation to add "raised median curb improvements over the entire project length to the scope of the design." The motion carried by unanimous roll call vote. G. Consider IPD 90- 7 through 13 and 91 -1 through 3 (Moorpark West) Minor Modification No. 1 to Remove Performance Bond Condition No. 42. Staff Recommendation: Receive and file the report. Allen Camp, attorney for the applicant, addressed the City Council. Mr. Camp said he hadn't seen the "bond approach" being used for this development used for other development applications. He stated that the City's nuisance ordinance offers sufficient protection to the City and requested that the Council delete their requirement for Condition No. 42 which requires a surety performance bond in the amount of $10,000 to be provided prior to zoning clearance. Councilmember Hunter said a bond amount determined by the size of the business would be more appropriate. Minutes of the City Council Moorpark, California Page 7 January 6, 1993 Mr. Kueny said it would be his suggestion that staff review Mr. Camp's proposal and place a discussion of this matter back on the City Council calendar within the next 60 days. He suggested that the Council approve the staff recommendation to receive and file the report with the amendment that the minor modification be changed so that the surety bond amount would be required prior to occupancy rather than prior to zoning clearance. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to receive and file the report, the minor modification to be amended that the surety performance bond would be required prior to occupancy rather than prior to zoning clearance. The motion carried by unanimous voice vote. H. Consider Acceptance of Traffic Sianal Improvements at the Peach Hill Rd. and Spring Rd. Intersection (Peach Hill /Spring Traffic Signal Project). Staff Recommendation: 1) Accept improvements as complete; 2) Authorize the City Clerk to file the Notice of Completion; 3) Authorize the City Clerk to release the retention upon satisfactory clearance of the thirty five (35) day lien period. Councilmember Montgomery said he had some concerns with the turning movement at this traffic signal. He suggested possibly "No Right Turn on Red" should be posted. In response to Councilmember Montgomery, Mr. Gilbert indicated staff would review the situation with the Traffic Engineer. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to accept the traffic signal project at the intersection of Peach Hill Road and Spring Road as complete; to instruct the City Clerk to file the notice of completion for the project; to authorize the release of the retention upon satisfactory clearance of the 35 day lien period. The motion carried by unanimous voice vote. L. Consider Rejection of Claim - Marlene Garcia. Staff Recommendation: Reject claim and authorize City Clerk to notify claimant. Councilmember Montgomery indicated that he believes Ms. Garcia should be reimbursed for damages. He stated the City should accept the claim. Councilmember Wozniak indicated he also would consider accepting the claim. Minutes of the City Council Moorpark, California Page 8 go January 6, 1993 Mr. Kueny stated that since there was a threat of litigation pending this item would be appropriately discussed in Closed Session by the Council. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to table this item for later discussion during Closed Session because of the threat of litigation. The motion carried by unanimous voice vote. O. Consider an Appropriation of Funds for the April 13, 1993 Special Election. Staff Recommendation: Appropriate $23,600 to line item 4.113.649 from the General Fund Reserve. Councilmember Wozniak indicated he pulled this item to let the public know that the cost of this election was now at $23,600. Mr. Kueny indicated that the line item referenced in the staff recommendation should have a 1101" (General Fund) in front of it. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to approve an appropriation of $23,600 from the General Fund Reserve to Election Line Item 01.4.113.649 to pay for the Special Municipal Election to be held on April 13, 1993. The motion carried by unanimous roll call vote. PUBLIC HEARINGS: A. Consider Adult Entertainment Facilities /Businesses Ordinance No. Staff Recommendation: Open the public hearing and take testimony; determine that this ordinance is exempt from CEQA; introduce Ordinance No. for first reading. (Continued Item 9.B. from 12/16/92) Mr. Aguilera gave the staff report. Mayor Lawrason opened the public hearing. The City Clerk stated there were no speaker cards presented for this item. In response to the Mayor's request, Ms. Taylor indicated she would like to address the Council regarding this matter. Helen Taylor, 12708 Misty Grove, addressed the Council requesting that they extend the distance from Adult Entertainment facilities /businesses to residences to more than 500 feet. Minutes of the City Council Moorpark, California Page 9 January 6, 1993 Mayor Lawrason closed the public hearing. Councilmember Wozniak indicated the need to have an adult entertainment facilities /business ordinance in place for regulation purposes. Councilmember Montgomery indicated that an acceptable distance would have to be at least one thousand to fifteen hundred feet rather than 500. The following proposed revisions to the zoning ordinance were offered by Councilmember Montgomery. Page 1 of Exhibit A, article I, section 1 -100, B: Line 3 "characteristics which when e en rated can have a dilatorious ..... " Line 11 "necessary to ensure insure ..." Line 13 "neighborhood and erhave— " Section 1 -101, number 2, line 2, "-2-5" ten or twenty percent ...' Page 2, number 4, adult cabaret; number 5, sexual encounter establishment; and number 6, adult hotel /motel should expressly be prohibited from locating within the City. Number 7, adult theater -- if two or fewer are viewing the presentation, it would be classified as an arcade. If three or more are viewing the presentation, it would be classified an adult theater. Councilmember Hunter suggested that Line 2 of Number 7, adult theater, should be revised to delete "live entertainment or" from the second line. Councilmember Montgomery suggested further revisions to page 3 of exhibit A: Number 11A, 2, delete "and" and replace with "or ". 11A, 3, delete "and" and replace with "or ". Section 1-102, Page 4, B, line 2, changed to read "permit unless the un all of the following criteria can be met" Minutes of the City Council Moorpark, California Page 10 January 6, 1993 B2, changed to read "is not within 599 one thousand feet of any lot classified in any of the R(residential) zones ", B3, changed to read "is not within 1,900 1500 feet of any lot upon...." B4, "is not within 1,988 1500 feet of any lot upon which there is located a church or educational institution" B5, changed to read "is not within S98 1500 feet of any lot upon which there is located a business with a type 49, 42, ems 64: on sale with any sale or consumption of alcoholic beverages tee" B6, changed to read "is not within 1,999 1,500 feet upon which there is located a City owned, operated and maintained existing or prepesed planned park" Page 4, Item B, paragraph 8, line 2 changed to read "within 8 6 months 11 ....11 In addition, it is to be made clear that all codes including parking must be complied with. Ms. Kane indicated that it had been approximately a year since her staff had reviewed this ordinance and there were new cases since then. She said she would appreciate an opportunity to review this proposed ordinance once again. MOTION: Councilmember Montgomery moved and Councilmember Hunter seconded a motion to direct staff to redraft this ordinance and have the City Attorney review it; to schedule this matter for the February 20, 1993 City Council meeting. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, a recess was declared. The time was 9:10 p.m. The Council reconvened the meeting at 9:35 p.m. B. Consider Vesting Tentative Tract Map 4773 Abe Guny. Staff Recommendation: Direct staff to prepare a resolution for adoption at the City Council's January 6, 1993 meeting approving Vesting Tentative Tract Map No. 4773 based on the project findings, the attached conditions of approval found in the Planning Commission staff report dated November 16, 1992 and the Mitigation Monitoring Program. Mr. Porter gave the staff report. Mayor Lawrason opened the public hearing. Minutes of the City Council Moorpark, California Page 11 January 6, 1993 Abe Guny, 7250 Walnut Canyon Road, addressed the Council. He clarified that this parcel did not require grading and requested that Condition No. 72 be applied after map recordation. He also requested that he be able to keep the utility poles rather than underground utilities. He said he would agree to undergrounding from the existing utility poles to the pad site. He also requested that Condition No. 72, an issue related to a fire department requirement, be required after map recordation. In response to Councilmember Wozniak, Mr. Guny reconfirmed that he would underground utilities from the utility pole to the pad site and that further he would agree to underground the utilities from Walnut Canyon Road at the time when CalTrans undergrounded their poles and his neighbors were required to do the same. In response to Councilmember Montgomery, Mr. Guny indicated that he agreed with Condition No. 8, Conditions No. 16 and Condition No. 23 as long as Condition No. 23 was required after map recordation but prior to building permit issuance. Mr. Guny further stated that Condition No. 24 was acceptable, Condition No. 72 was acceptable if it could be complied with during home building. Mr. Guny said Conditions No. 62 through 64 were acceptable if they were imposed prior to building permit issuance. Councilmember Montgomery said Condition No. 72 should be required prior to building permit issuance. Joe Cirocco, 2370 E. Marie Steet, Simi Valley, indicated that he was buying one of Mr. Guny's parcels. He said he was concerned about imposing the undergrounding requirement. Mayor Lawrason closed the public hearing. Councilmember Wozniak requested the following changes under air quality mitigation at the bottom of page 4, a) change "a" to read "all active portions of construction site shall be watered (nonpotable or reclaimed water will be used if feasible) sufficiently....." Page 35 - add an item "h" to read "the feasibility of the use of nonpotable water to be determined by the applicant and City Engineering department." Minutes of the City Council Moorpark, California Page 12 January 6, 1993 Councilmember Montgomery stated that Condition No. 23 should be amended to be required prior to issuance of building permit and Condition No. 72 should be revised to delete "prior to recordation ". In response to Councilmember Perez, Councilmember Montgomery indicated that he believed precedence has already been set regarding not undergrounding on some projects. Mr. Kueny indicated that this was a policy matter and that the Council might need to look at larger lot subdivisions on a case -by -case basis. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to approve the Mitigation Monitoring Program as amended by Councilmember Wozniak above relative to nonpotable water and to approve the mitigation monitoring program; to approve the findings by the Planning Commission, to accept the conditions as written by the Planning Commission except Condition No. 23, which should be changed to read "prior to issuance of a building permit" and Condition No. 72 which should be changed to delete the last sentence and be prefaced with "prior to issuance of building permit "; and direct staff to prepare a resolution and bring it back to Council at the January 20, 1993 meeting. Mr. Kueny requested that Councilmember Montgomery include in his motion a grammatical change to Condition No. 23, the last two lines to be revised to add "and the final means of satisfying this condition shall be as approved by the Director." Councilmember Montgomery and Councilmember Wozniak concurred to add the City Manager's verbiage regarding Condition No. 23 to the motion. VOTE: The motion carried by unanimous roll call vote. Mayor Lawrason said he had some concerns with the issue of consistency and that his affirmative vote had been given with some reservations. He requested that a discussion of the policy involved in this approval be revisited at a future time. Councilmember Perez indicated that he appreciated the Mayor's comments and that there was a need to establish policy and procedures. AT THIS POINT in the meeting, the agenda was reordered. Minutes of the City Council Moorpark, California Page 13 January 6, 1993 CONSENSUS: By consensus, the Council determined to consider item 9.C., item 10.A., 10.B., 11.B., 11.C., 11.G., and 11.A. in that order. C. Consider Assessment District 92 -1 - (Mission Bell Plaza) for Infrastructure Improvements. Staff Recommendation: Open the public hearing; take public comment; close public hearing; give direction on draft final Engineer's Report. CONSENSUS: By consensus, the Council determined to waive their rules of procedure and accept a written staff report regarding this matter. Mayor Lawrason made the following opening remarks: This is the time and place for the first of two public hearings concerning the City of Moorpark Assessment District 92 -1 (Mission Bell Plaza) (the District) . The second public hearing will be held here on January 20, 1993 at 7 p.m. These hearings are to inquire into the formation of the District, the levy of assessments in the District, the proposed improvements to be made and the City's intent to issue limited obligation bonds to be secured by the assessments in the District. Notice of these public hearings was mailed to all legal owners of the property within the proposed District and published in the Moorpark News Mirror as required by law and as evidenced by an affidavit on file with the City Clerk. Before formally opening the hearing, are there any property owners in the District who wish to file written protests? If so, they must be filed with the City Clerk at this time. The City Clerk read the names of those who had filed written protests: Roger C. Gisler, Mitri Muna of Iskan Liberty Development, Mary Edith Birkenshaw and Eva Louise Birkenshaw Maguire, and John Fitch. The City Clerk also stated that a protest had been received from Ventura Pacific Capital Group V, but had been withdrawn. Mr. Gilbert referenced the report given to the City Council and deferred to the City Engineer. Mr. Abbott gave the staff report. Neno Spondello, 340 Rosewood Avenue, #D, requested that the Council consider a 30 year bond for the Assessment District rather than a 20 year bond. Minutes of the City Council Moorpark, California Page 14 January 6, 1993 John Fitch, 536 West Los Angeles Avenue, addressed the Council and requested that he be excluded from the assessment district. He said the assessment district would take 30 feet of his property and cost him $900 per month more in taxes. He said he would lose 30 trees. He said he lived on this property and did not want to develop it. Edward Paco, 162 Shasta Avenue, said he protested the formation of the District, though drainage improvements are needed. Barbara Shultz, 116 Sierra Avenue, who is not in the proposed Assessment District said that her home was flooded last year. She said that a sound wall was needed. She also said she represented Melo Cano, who was unable to attend. Leonard Ojena, 30264 Jasmine Valley Drive, said he was the owner of property at the corner of Liberty Bell and Los Angeles Avenue. He said he owns 25,000 square feet and the assessment will result in a $227,000 fee. He asked the Council to consider using the money in the Los Angeles Avenue Area of Contribution Fund. He requested to know why Villa Campesina homes and CalTrans were exempt from the District. He requested to be exempted. In response to Council question, Mr. Abbott explained that only undeveloped property was included in the District and that public agencies were required by law to be excluded. Jim Hartley, 5950 Gabbert Road, addressed the Council saying he felt it was wrong to propose an "upfront fee" for some future benefit. He asked the Council to evaluate other options. Roger Gisler, 635 Los Angeles Avenue, addressed the Council and protested the District. He said he could not afford to be included. Mayor Lawrason closed the public hearing. In response to Council question, the bond underwriter indicated that although he did not know the exact impact, spreading the payments over 30 years would result in a lower annual payment, but increased interest costs. Minutes of the City Council Moorpark, California Page 15 January 6, 1993 In response to Council questions, Maryann Goodkind, of Burke, Williams & Sorensen, replied that two public hearings were required to be held for the formation of an assessment district because of the new law which went into effect this January. Mr. Kueny indicated that the Council Public Works, Facilities, and Solid Waste Committee was reviewing the possibility of using AOC funds for those properties that lie within the AOC area. He said the City Engineer was to prepare an analysis. Councilmember Hunter commented that what he has heard from those protesting the Assessment District is very compelling. Mayor Lawrason announced that the next public hearing date would be January 20, 1993 at 7:00 p.m. AT THIS POINT in the meeting, the Mayor declared a recess. The time was 11:45 p.m. The Council reconvened at 12 midnight. 10. COMMENTS FROM COUNCIL MEMBERS: A. Consider Appointments to the Planning Commission. Mayor Lawrason stated his thanks for all those who had applied to the Commissions and said he was very pleased with the response. Councilmember Montgomery said he would like to offer a special thanks to Ron Corzine, the Chairman of the Parks and Recreation Commission, who had not submitted an application to serve again. Mayor Lawrason and Councilmember Perez also expressed their thanks to Mr. Corzine. Mayor Lawrason indicated that in determining who to nominate for the Planning Commission, he had considered that this was a critical time for planning within the City and that continuity was most important. For that reason, he said he would nominate those persons now serving on the Planning Commission for another term. Minutes of the City Council Moorpark, California Page 16 11. January 6, 1993 NOMINATION: Mayor Lawrason nominated Steven Brodsky, Christina May, Bart Miller, John Torres, and Michael Wesner to the Planning Commission. The nomination was carried by roll call vote, 3 -2, Councilmember Hunter and Montgomery dissenting. Councilmember Montgomery stated his feeling that Roy Talley should be placed on the Planning Commission. Councilmember Hunter explained that he felt the Council was sending a message to the community because none of the new applicants were nominated. He said he would like to explore the nomination process. B. Consider Appointments to the Parks and Recreation Commission. Mayor Lawrason deferred to Council comment prior to placing names in nomination. Councilmember Hunter indicated that he would like to see Arlene Butler and Chandra Gheri appointed to the Parks and Recreation Commission. Councilmember Perez indicated his support of Debra Ulis -Judd for the Parks and Recreation Commission. NOMINATION: Mayor Lawrason nominated John Hall, Ginger Stratton, Sandra Thompson, Arlene Butler, and Debra Ulis -Judd. The nomination was carried by unanimous roll call vote. Mayor Lawrason said he would like to convey his thanks to Connie Volke as well as Ron Corzine for their service on the Parks and Recreation Commission. Mayor Lawrason once again thanked and read the names of all those submitting applications for consideration for appointment to the Commissions. ACTION /DISCUSSION ITEMS: B. Consider Proposal from Pardee Construction Company Regarding Fireplaces. Staff Recommendation: Direct staff as deemed appropriate. Mr. Aguilera gave the staff report. Susan Elias, 13660 Shady Knoll, addressed the Council and expressed concern that permit fees were being waived for Fireplace Systems. She said she felt permits should be pulled and the normal process followed. Minutes of the City Council Moorpark, California Page 17 January 6, 1993 Patrick Withers, 13558 East Cedarpine Lane, addressed the Council saying he lived in the area where residents are having problems with their fireplaces. He said his fireplace has worked perfectly for years, although there are some homes that need repair. He said he found Pardee to be reputable and that the City should not be involved in policing a contractor. Debi Ulis -Judd, 4047 North Cedarpine, addressed the Council saying that Pardee was working with her very well to get her fireplace problem resolved. Councilmember Wozniak stated his belief that the City should continue discussions with Pardee and that when the bids were received then the staff should come back to the Council to take the next step. Councilmember Montgomery suggested that Mr. Aguilera continue his discussions with Pardee and suggested that another contractor, who was considered trustworthy by the homeowners as well as Pardee and the City, should be considered by Pardee for inspections and repairs. Councilmember Hunter stated that he believed the inspecting and repairing should be accomplished by an objective third body. In response to Council question, Mr. Abbott said he hadn't heard of Pardee's proposal with regard to Abbott being paid directly rather than following the normal process. CONSENSUS: By consensus, the Council determined to follow up with talking to Pardee about costs and about Fireplace Systems, who is making the repairs. The Mayor said he wanted to clarify that the City would not be negotiating with Pardee. C. Consider Community Development Block Grant (CDBG) Status Report and the Development of 1993/94 Funding Objectives. Staff Recommendation: That the City Council authorize staff to request proposals for the upcoming 1993/94 appropriations. Mr. Reynolds gave the staff report. Minutes of the City Council Moorpark, California Page 18 January 6, 1993 MOTION: Mayor Lawrason moved and Councilmember Wozniak seconded a motion to authorize staff to request proposals for the use of CDBG funds for the upcoming 93/94 appropriations, consistent with the report presented this evening and pursuant to the following schedule: Request for Proposals - 1/6/93 - 2/19/93; staff to review proposals 2/22/93 - 2/24/93; open public hearing, receive public testimony - 3/3/93; Budget and Finance Committee review - 3/4/93 - 3/11/93; final appropriations - 3/7/93; proposals due to County by 4/14/93. The motion carried by unanimous voice vote. G. Consider Approval of the Final Map for Tract 4757 -1. Mission Bell Plaza (Ventura Pacific Capital. Staff Recommendation: Approve the final map for Tract 4757 -1 and authorize the Mayor and City Council to sign title sheets. Mr. Abbott deferred the staff report. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to authorize the Mayor and City Clerk to sign the title sheet and record Final Map 4757 -1; to direct the applicant to prepare an agreement to be signed by the City prior to recordation of Map 4757 -1, providing for the merger for remainder parcel B to lot 1 of Tract 4757 -1 within 3 years of recordation of Final Map 4757 -1 or the transfer of remainder parcel B to the property owners of Tentative Tract 4757 -2, should Final Map 4757 -2 be approved by the City for recordation, whichever occurs first. The motion carried by unanimous voice vote. A. Consider and Provide Comments Reaardina the Draft Legislation for the Creation of the Ventura County Waste Management Authority. Staff Recommendation: Discuss and provide comments regarding the draft legislation for the creation of the Ventura County Waste Management Authority. (Continued Item 11.H. from 12/16/92) Ms. Lindley gave the staff report. Councilmember Montgomery indicated that his recommendation would be that the Council not write a letter in response yet, but that he be allowed to express the City's view that the City of Camarillo had made comments which the City would support; and that assumption of existing liability shall be handled on a wasteshed basis and that this should be included in the legislation. Councilmember Montgomery indicated that he did not have a recommendation on detachment that he would provide information back relative to this item at a future time. Minutes of the City Council Moorpark, California Page 19 January 6, 1993 CONSENSUS: By consensus, the Council concurred with Councilmember Montgomery's recommendation. D. Consider a Budget Appropriation for Roof Repair for the City Managed Building at the Southeast Corner of High Street and Moorpark Avenue. Staff Recommendation: Approve the budget appropriation of $4,200 from the General Fund Reserve to Administrative Services Department maintenance and repair line item (01.4.117.658) for roof repairs. This item was continued. E. Consider Bids for the Construction of the Communitv Buildin and Gymnasium at Arroyo Vista Community Park. Staff Recommendation: Staff and the Public Works, Facilities and Solid Waste Committee recommend that the City Council reject all bids and abandon the project as now designed. This item was continued. F. Consider Authorization to Advertise for Receipt of Bids for the Construction of the Arroyo Vista Community Park Gymnasium. Staff Recommendation: 1) Authorize the preparation of new plans and specifications for the subject project, 2) Authorize staff to advertise for receipt of bids for the subject project. This item was continued. H. Consider CPD 89 -1 and 2 Minor Mod. No. 3 (Ventura Pacific Capital Group VI) , a Request to Allow One Additional Monument Sign. Staff Recommendation: Deny the applicant's request for a pylon sign and concur with staff's approval of Minor Modification for one additional monument sign on Park Lane. This item was continued. I. Consider Dates for Town Hall Meetings. Staff Recommendation: Confirm dates and time for meetings, and locations (area of the city) for subsequent meetings. This item was continued. J. Consider Request from JBR Development Regarding Agreement for Specific Plan and EIR. Staff Recommendation: Direct staff as deemed appropriate. This item was continued. Minutes of the City Council Moorpark, California Page 20 12. ORDINANCES: None. 13. FUTURE AGENDA ITEIMS: None. 14. CLOSED SESSION: January 6, 1993 MOTION: Councilmember Montgomery moved and Mayor Lawrason seconded a motion to adjourn to Closed Session for discussion of all items listed on the agenda: A. Personnel. B. Potential litigation pursuant to Government Code Section 54956.9 (b) (1) . C. Potential litigation pursuant to Government Code Section 54956.9(c). D. Litigation concerning Ventura County Community College District Case No. 107569 vs. City of Moorpark. E. Negotiations for Real Property at 280 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54956.8. F. Litigation concerning Conejo Freeway Properties, LTD. vs. City of Moorpark. G. Litigation concerning City of Moorpark vs. Southern California Edison, et al. H. Litigation concerning Moorpark vs. Fedelety Corporation. I. Litigation concerning City of Moorpark vs. Foster Enterprises. J. Litigation concerning Moorpark vs. CalTrans (Case No. 123655) K. Litigation concerning Villa del Arroyo vs. City of Moorpark (Case No. 105170) The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 21 January 6, 1993 AT THIS POINT in the meeting, a recess was declared. The time was 1:45 a.m. The Council reconvened into Closed Session at 1:50 a.m. Present in Closed Session were all Councilmembers, Steven Kueny, City Manager; Cheryl Kane, City Attorney; and Richard Hare, Deputy City Manager. The meeting reconvened into Open Session at 2:20 a.m. Mr. Kueny stated there was no action to report out of Closed Session and only items 14.B., 14.D., 14.F., 14.G., 14.I., and 14.J. were discussed. 15. ADJOURNMENT: MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adjourn the meeting to January 13, 1993 at 7:00 p.m. The motion carried by nimous v ice vote. i Paul W. a ason Jr., 141yor ATTEST: