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HomeMy WebLinkAboutMIN 1993 0120 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California January 20, 1993 A Regular Meeting of the City Council of the City of Moorpark was held on January 20, 1993 in the Council Chambers at 799 Moorpark Avenue, Moorpark, CA. 1. CALL TO ORDER: Mayor Lawrason called the meeting to order at 7:14 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Montgomery led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Hunter, Montgomery, Wozniak and Mayor Lawrason Absent: Councilmember Perez Staff Present: Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Mary Ann Goodkind, Burke, Williams and Sorensen; Charles Abbott, City Engineer; Dirk Lovett, Assistant 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; aldemar Trocher, Management Analyst; Lillian Hare, City Clerk 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Announce Award Recipients of the Martin Luther King Jr. Essav and Art Contest, sponsored by the City of Moorpark Community Services. Mayor Lawrason, Christine Adams, Director of Community Services, and Ted Green, representative of the NAACP, presented certificates to the students who had submitted the most inspirational art and essay entries in the contest. The Mayor also presented certificates to the Honorable Mention participants. Minutes of the City Council Moorpark, California 2 January 20, 1993 B. Presentation of Plaques for Parks and Recreation Commissioners, Ron Corzine and Consuelo Volke. The Mayor presented the plaques to Ron Corzine and Consuelo Volke. C. DARE RAP Presentation. Mayor Lawrason provided background information as to what prompted Janis Isaac's involvement with this project. Ms. Isaac composed the music and words and orchestrated the presentation. The skit and rap presentation were given by Ms. Isaac and students from Moorpark High School. D. Presentation by Ventura County Transportation Commission (VCTC) Regarding East Valley Transit Study. Ms. Lindley indicated that VCTC has requested that this be postponed until February. E. Plaque for Retiring Ventura County Sheriff, John V. Gillespie, for Retirement Party of January 23, 1993. Mayor Lawrason announced that he will present the plaque to Sheriff Gillespie on Friday evening at the Retirement Dinner which is being held in his honor. AT THIS POINT IN THE MEETING, the Mayor declared a recess. The time was 7:50 p.m. The Council reconvened at 8:15 p.m. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mr. Kueny requested that the Council add consideration of the Urban Streams Grant Program to the agenda as item 11.H. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to add consideration of the Urban Streams Grant Program to the agenda, the need having arisen for action since the posting of the agenda. The motion carried by 4 -0 voice vote, Councilmember Perez absent for the vote. Minutes of the City Council Moorpark, California 3 January 20, 1993 6. PUBLIC COMMENT: Connie Lawrason, 4291 Ambermeadow Street, gave the CTAC /SSTAC report for the month of January. At the most recent meeting of the Commission, they had a mobility training session where each member was challenged to take public transportation under the circumstances of a physically challenged individual. A bicycle helmet report was provided which showed a 39% reduction in injuries and deaths. It was emphasized that the helmets must be state approved to be legal. If persons have questions they can call the information center at 1- 800- CCRIDER. Mrs. Lawrason also attended a Transportation Regional Workshop in Los Angeles last week where they spoke about transportation plans for the future. The new bike maps for Ventura County are being distributed and should be available at City Hall soon. Gerry Goldstein, 11932 Los Angeles Avenue, spoke regarding the lack of public transportation. He also spoke regarding the possibility of a train collision because of the railroad track configuration in Moorpark. Abe Guny, 7250 Walnut Canyon Road, requested 8.D. be pulled from the Consent Calendar for clarification of some items. Lori Rutter, 11611 Pinedale Road, commented on the news articale about the Tuscany HOA protest that was published in the Los Angeles Times. She said the article misrepresented the issue. Mayor Lawrason said he had discussed this issue with the reporter and while parts of his conversation were reported accurately, other facts were omitted. Eloise Brown, 13193 Annette Street, spoke regarding item 8.J. Mrs. Brown said she noted that the Transportation and Street Committee had concurred to put Metrolink station landscaping in place using funds from a benefit assessment district. She said the funds in that account should not be used for that purpose and that the Consent Calendar is not the place for an item that proposes additional taxes. 7. COMMITTEE REPORTS: None. Minutes of the City Council Moorpark, California 4 January 20, 1993 8. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to pull items 8.D., 8.H., and 8.J. and approve the balance of the Consent Calendar. The motion carried by 4 -0 Roll Call Vote, Councilmember Perez absent for the vote. A. Consider Minutes of the Special City Council Meeting of January 6. 1993. Staff Recommendation: Approve the minutes as processed. B. Warrant Register FY 1992/93 Manual Warrants 19232 -19238 $ 35,150.35 Regular Warrants Voided Warrants 19241 -19356 $372,993.53 14264,14465,14517,14898, 14953,15084,15504,15940, 16171,17165,17254,17289, 17382,17405,19124 $(20,691.60) C. Consider Application to Tree City USA Program. Staff Recommendation: Direct staff to take necessary steps to complete standards for designation as a Tree City USA. E. Consider Authorization to Advertise for Receipt of Bids for the Construction of Block walls Along the Rear of Properties Located on Sherman Avenue (North Side of Los Angeles Avenue between Millard Street and Spring Road). Staff Recommendation: 1) Appropriate $189,000 from Los Angeles AOC and amend the FY 1992/93 Budget by adding the subject project; 2) Approve the plans and specifications for the subject project; and 3) Authorize staff to advertise for receipt of bids for the subject project. F. Consider Grading Bond Exoneration for 14303 E. Los Angeles Ave. (Villanueva). Staff Recommendation: 1) Accept the grading improvements for 14303 East Los Angeles Avenue as complete, and 2) Authorize the City Clerk to exonerate the aforementioned bond. Minutes of the City Council Moorpark, California 5 January 20, 1993 G. Authorization to Grant Utility Easements in Arroyo Vista Community Park. Staff Recommendation: Authorize the Mayor to sign any Utility Easements required for the construction of the Arroyo Vista Community Park project. I. Consider Resolution No. 93 -905, Adopting a Classification Change for the Clerical Aide in the City Clerk's Office to Clerk Typist. Staff Recommendation: Approve classification change and adopt Resolution No. 93 -905. The following items were pulled from the Consent Calendar for individual consideration: D. Consider Resolution No. 93 -906, Approval of Tentative TR4773 (Abe Guny). Staff Recommendation: Adopt Resolution No. 93 -906. In response to Councilmember Wozniak, Mr. Aguilera said the resolution has been amended after talking to Mr. Guny today and will be presented to the Council this evening if they choose to consider this last minute information. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to waive the Council's Rules of Procedure and to receive the modified resolution. The motion carried by 4-0 voice vote, Councilmember Perez absent for the vote. The City Clerk presented the modified resolution to the City Councilmembers. In response to Councilmember Montgomery, Mr. Kueny indicated the Council could review as a study item the standard language for conditions of approval for tract maps. Mr. Aguilera went over several non - substantive changes that had been made to the resolution of approval. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded adoption of Resolution No. 93 -906, as amended. The motion carried by 4 -0 voice vote, Councilmember Perez absent for the vote. Minutes of the City Council Moorpark, California 6 January 20, 1993 H. Consider Bids for the Construction of Landscaping Improvements at Arroyo Vista Community Park. Staff Recommendation: 1) Approve the request made by American Landscape, Inc. that they be allowed to withdraw their bid and bid bond due to clerical error, 2) Approve the scope of the project as contained in report, 3) Award a contract for the construction of said project to Valley Crest Landscape, for the bid amount of $574,030.00, 4) Approve a ten percent contingency for the project; and, 5) Authorize the Mayor to sign necessary contract documents. Mr. Gilbert stated that this was requested to be pulled from the Consent Calendar because the recommendations on the staff report differ from the staff recommendation on the agenda. The recommendation changed after the agenda was printed. Mayor Lawrason indicated his concerns about the design of the park drainage being adequate. He said the City has experienced drainage problems in two other parks and he wants the importance of the drainage issue emphasized. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to 1) approve the request made by American Landscape, Inc. that they be allowed to withdraw their bid and bid bond due to a clerical error, 2) Approve the scope of the project as defined in the staff report, 3) Award a contract for the construction of said project to Valley Crest Landscape for the bid amount of $565,330.00, 4) Approve a ten percent contingency for the project and authorize the City Manager to approve additional work, if required, not to exceed ten percent (10 %) of the contract price; and, 5) Authorize the Mayor to sign necessary contract documents. The motion carried by 4 -0 voice vote, Councilmember Perez absent for the vote. J. Consider Budget Allocation for Additional Landscaping at the Metrolink Station. Staff Recommendation: Approve a budget allocation of $2,700 for the installation of the additional landscaping and $1,520 for landscape maintenance for a total of $4,220 from the City -wide Landscaping account for the Lighting and Landscaping Maintenance District (AD 84 -2). Councilmember Wozniak explained that in an attempt to raise the security level at the MetroLink station, the landscaping should be modified in order to eliminate one Minutes of the City Council Moorpark, California 7 January 20, 1993 of the escape routes for vandals. Councilmember Wozniak deferred to City staff for explanation of the allocation of funds. Mr. Kueny indicated that the recommended account is an appropriate source. The alternative sources would be to allocate funds from the General Fund or Transportation Development Authority funds (TDA). Councilmember Montgomery objected by saying he believes it is inappropriate to use assessment district funds. He said the General Fund is the more appropriate source and that the City should establish a property management fund for the property on the south side of High Street in the next fiscal budget and that this type of expense should come out of that fund in the future. Councilmember Hunter said he supports the concept of changing the funding source as described by Councilmember Montgomery. He said the City has an obligation to the people who park their cars at the MetroLink lot on a daily basis and the viability of the MetroLink system depends on it. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to approve a budget allocation of $2,700 from General Fund Account No. 01.4.117.903 (Improvements Other than Building) for the installation of the additional landscaping and $1,520 from General Fund Account No. 01.4.117.642 (Contractual Services - Landscape Management) for landscape maintenance for a total of $4,220 from the General Fund. The motion carried by 4 -0 roll call vote, Councilmember Perez absent for the vote. 9. PUBLIC HEARINGS: A. Consider Assessment District No. 92 -1 (Mission Bell Plaza) for Infrastructure Improvements. Staff Recommendation: Open the public hearing; take public comment; close public hearing; adopt Resolution No. 93- , passing on protests, approving the Final Engineer's Report for the City of Moorpark Assessment District No. 92 -1 (Mission Bell Plaza), confirming the assessments, ordering the improvements and other actions related thereto. Mr. Gilbert gave the staff report. Minutes of the City Council Moorpark, California 8 January 20, 1993 Mayor Lawrason made the following opening remarks: This is the time and place for the second of two public hearings concerning the City of Moorpark Assessment District 92 -1 (Mission Bell Plaza) (the District). The first public hearing was held here on January 6, 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 new written protests: John Fitch, and Mary Edith Birkenshaw and Eva Louise Birkenshaw Maguire. Councilmember Montgomery provided an overview of input which has been received from the property owners involved and he outlined the recommendations of the committee. He continued by stating that some of these improvements may be eligible for AOC funding. He suggested that the City respread the assessment per the conditions of approval for the Macleod and Ventura Pacific Capital project with the exception of $65,000 which would be funded from the AOC for those two projects; that 25% of the total expenses of the storm drain lines along Los Angeles Avenue should be paid out of the AOC; $426,791 would be totally AOC funded; that a mechanism be put in place that would capture the assessment at the time of development rather than now, and that the Public Works, Facilities and Solid Waste Committee continue to work with the residents to reach agreeable terms on a reimbursement agreement. Maryann Goodkind of Burke, Williams and Sorensen, advised the Council that the public hearing should not be closed at this time, but it should be continued to a date certain with the adoption of the resolution continued to the date of the public hearing, also. Minutes of the City Council Moorpark, California 9 January 20, 1993 Dick Richards, legal counsel for the owners of the Birkenshaw property, 2500 Vineyard Avenue, Oxnard, requested clarification on the process. He said that his client, Mary Birkenshaw, presently lives on the property and has no intention of developing it. He asked why the owners of the Towne Center are not being assessed. He continued by saying that he sees no justification for the kind of assessment that is being proposed. He said there is no connection to the Birkenshaw property and the improvements that are going to take place on Los Angeles Avenue. In addition, his clients would find themselves in a position of paying the assessments with no guarantee that they could develop the property should they choose to do so in the future. Councilmember Montgomery stated that the Towne Center is not being assessed because at the time that shopping center was developed, the developer contributed to the storm drain. Barbara Shultz, 116 Sierra Avenue, addressed the Council regarding the amount of water being pumped from Gisler field. She expressed concern about the noise from the pumps that are pumping the standing water. Councilmember Montgomery requested concurrence of the other Councilmembers to continue this item for two weeks and inquired of City staff whether this would present any problems. Ms. Goodkind said the sale of bonds would be delayed for approximately two weeks if this item is continued. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to continue this item to the first City Council meeting in February with the public hearing to remain open. The motion carried by 4 -0 voice vote, Councilmember Perez absent for the vote. AT THIS POINT in the meeting, the Mayor declared a short recess. The time was 9:35 p.m. The meeting reconvened at 9:57 P.M. B. Consider Conditional Use Permit No. CUP 92 -3 Variance No. 92 -3 Community Christian Church. Staff Recommendation: Open the public hearing; take public comment; close public hearing; make appropriate findings. Mr. Aguilera explained that this item had not been Minutes of the City Council Moorpark, California 10 January 20, 1993 properly noticed for the public hearing to take place this evening. He requested the City Council remove it from their calendar so it can be brought back at the appropriate time. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to take this item off calendar. The motion carried by 4 -0 voice vote, Councilmember Perez absent for the vote. C. Consider a Resolution No. 93 -907 to Enable the Enforcement of the California Vehicle Code at 600 Spring Road (Woodcreek Apartments). Staff Recommendation: Adopt Resolution No. 93 -907 declaring certain roads and parking facilities on private property subject to the California Vehicle Code. Mr. Kueny gave the staff report. In response to Mayor Lawrason, Mr. Gilbert explained that this item was prompted by the fact that similar action has been taken elsewhere in the City and the property owners at this location have expressed interest in having the Vehicle Code enforced. Lieutenant Dean said the ability to enforce the Vehicle Code allows Sheriff's deputies to cut down on general violations and allows them to have access where they otherwise would not. He said there are no specific problems at this time at this location. Mayor Lawrason opened the public hearing. The City Clerk stated there were no speaker cards. Mayor Lawrason closed the public hearing. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to adopt Resolution No. 93 -907 declaring certain roads and parking facilities on private property (Woodcreek Apartments) subject to the California Vehicle Code. The motion carried by 4 -0 voice vote, Councilmember Perez absent for the vote. Minutes of the City Council Moorpark, California 11 January 20, 1993 D. Consider Resolution No. 93 -908 to Enable the Enforcement of the California Vehicle Code at 633 - 693 New Los Angeles Avenue (Moorpark Pines Apartments). Staff Recommendation: Adopt Resolution No. 93 -908 declaring certain roads and parking facilities on private property subject to the California Vehicle Code. Mr. Gilbert said the previous comments are valid for this item, also. In response to Mayor Lawrason, Lieutenant Dean said there is some gang activity and some loitering that takes place in this area and by imposing Vehicle Code enforcement, it will help curtail these activities. Mayor Lawrason opened the public hearing. The City Clerk stated there are no speaker cards for this item. Mayor Lawrason closed the public hearing. MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to adopt Resolution No. 93 -908 declaring certain roads and parking facilities on private property (Moorpark Pines) subject to the California Vehicle Code. The motion carried by 4 -0 voice vote, Councilmember Perez absent for the vote. E. Consider the Approval of the City's Americans with Disabilities Act Paratransit Plan Update. Staff Recommendation: Receive public testimony and approve the City's Americans with Disabilities Act Paratransit Plan Update. Mary Lindley gave the staff report. In response to Councilmember Hunter, Ms. Lindley said this plan is mandated for annual review. Mayor Lawrason opened the public hearing. The City Clerk said Steve Winneborg had submitted a card, but he was not present to speak. Mayor Lawrason closed the public hearing. Minutes of the City Council Moorpark, California 12 January 20, 1993 Councilmember Wozniak said he will be part of the committee that will be reviewing the Paratransit Plan at 9:30 on the 26th of January. He said this date and time was chosen to accommodate the physically challenged individual who is also a part of the committee. MOTION: Councilmember Montgomery moved and Councilmember Hunter seconded a motion to approve the City's Americans with Disabilities Act Paratransit Plan Update and to include the Paratransit Advisory Committee as one of the Council Ad Hoc committees. The motion carried by 4 -0 voice vote, Councilmember Perez absent for the vote. F. Consider Revisions to the City's Zoning Ordinance. Staff Recommendation: Review the proposed changes and advise staff of any additional changes to the zoning ordinance. (Continued from 1/13/93) PUBLIC HEARING REMAINS OPEN. Mr. Kueny indicated that this item was considered at from the Special Meeting of January 13 and is carried on the agenda for continuance so a Special Meeting does not need to be called. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to continue this item to the first regular City Council meeting in February. The motion carried by 4 -0 voice vote, Councilmember Perez absent for the vote. 10. COMMENTS FROM COUNCIL MEMBERS: None. 11. ACTION /DISCUSSION ITEMS: A. Consider a Report from Staff Regarding Pardee Construction Company Proposal for Inspections. Staff Recommendation: Direct staff to allow the extension of fireplaces as represented in the staff report. Mr. Aguilera gave the staff report. Mayor Lawrason clarified that the Homeowners Association has taken the stand that they will not accept anything less than the extension of the chimney with stucco and the proper material. Susan Elias, 13660 Shady Knoll Court, addressed the Council saying there are two different spark arresters Minutes of the City Council Moorpark, California 13 January 20, 1993 (pyramid and circular) in the North View tract. She commented that without pulling a permit, Pardee has already installed a spark arrestor at 4167 Trailcrest Drive. She said the retrofit does not match the existing stucco. She said it is a concern of hers that Mr. Aguilera and the Planning Department have not followed up on their November 24 letter to stop Pardee from putting up the sheet metal extensions. It is her understanding that Mr. David Geduld said he would continue to put these sheet metal caps on with or without permits. Lucy Buol, 4173 Trailcrest Drive, spoke as a resident of the North View tract. Ms. Buol said she owns the model of home with two chimneys. One has passed inspection and the other one has not passed inspection. Ms. Buol stated that the cap that was installed without benefit of the permit is right next door to her. She expressed concern that the cap will look different than the others. She is very dissatisfied with Pardee's response. William Buol, 4173 Trailcrest Drive, said he came to remind the Council that they need to address this chimney situation. He thanked the Council for their work and encouraged them to keep pursuing a resolution. Gerry Goldstein, 11932 Los Angeles Avenue, spoke regarding the fireplace issue. Councilmember Montgomery said City staff should follow up on the chimney at the address where a repair was effected without a permit being pulled. Councilmember Wozniak said he had driven by the address of the recent installation and tried to view the chimney. He said it looked like it was painted on the ground or painted when it was placed on the chimney. Councilmember Wozniak said this now presents a maintenance problem for the homeowner because it will weather and be nothing but a piece of sheet metal showing. He requested a scratch test be done when the inspection is conducted to see if this is merely a surface paint job on the sheet metal. Councilmember Wozniak asked if a response from Pardee has been received about paying for the City's costs for inspection. Mr. Aguilera said a phone message was received today from Pardee which may have been to relay the cost figures. Minutes of the City Council Moorpark, California 14 January 20, 1993 Councilmember Wozniak said he does not want to be in the position that the City has to accept the entire proposal by taking the recommended action this evening. He wants the homeowners to get another opinion. He also indicated that he wants to know what Pardee's solution is to the circular chimney arrestors. AT THIS POINT in the meeting, the City Clerk reminded the Council that it was time to reorder the agenda. The time was 10:45 p.m. CONSENSUS: By consensus, the Council determined to continue with the items listed on the agenda and to continue Items 11.B. and 11.D. In response to Councilmember Hunter, Mr. Aguilera said he has only contacted Pardee to discuss the cost of covering the inspections and he has not addressed the cost of subsequent repair work. Councilmember Montgomery suggested that this item be continued to the first meeting in February. He requested that staff have answers to the following questions: 1) How durable is the paint and will Pardee consider providing the baked on paint treatment for the proposed extensions, 2) to request that Pardee to provide examples of other tracts /homes where they have utilized this type of installation before, 3) provide the results of the request for bids, 4) to ask Pardee if they will pay for (and how much) the cost of an independent inspector to perform inspections on the affected homes, 5) to have staff obtain in writing from Pardee some explanation as to why they do not want to use stucco for these projects. Councilmember Montgomery said City staff should inform Pardee that the Building Engineer will not be doing signoffs on the jobs for which they have pulled permits until a final closure is made to this item. They must be advised that they proceed with those type of installations at their own risk and they will not be considered final. In response to Mayor Lawrason, Mr. Abbott confirmed that this can and will be done. CONSENSUS: By consensus, the Council determined to direct staff to continue to work with Pardee and answer the questions posed by Councilmember Montgomery. Minutes of the City Council Moorpark, California 15 January 20, 1993 B. Consider a Request by Gerald Bridgeman Regarding Off -Site Improvements for LDM 90 -7. Staff Recommendation: The Council may wish to consider either of the following: 1) Continue the item for future discussion until such time that an approved cost estimate and conceptual plan is received and reviewed for all associated widening costs; or 2) No change to condition, but allow applicant to pay for cost of improvements in lieu of construction at this time. CONSENSUS: By consensus, the Council determined to continue this item to the City Council meeting of February 3, 1993. C. Consider a Request of the Tuscany Homeowners Association to Allow an Additional HOA Representative in the Negotiations with Urban West Communities. Staff Recommendation: Direct staff as deemed appropriate. Mr. Aguilera gave the staff report. Mayor Lawrason stated that he hopes there will be no further delays in these negotiations. CONSENSUS: By consensus, the Council determined to allow two members of the Tuscany HOA to be present at the meeting with Urban West Communities. D. Consider Assessment District 92 -1, Phase I Bid Award. Staff Recommendation: 1) Approve the deletion of landscaping and irrigation (Items 61, 62 and 63) from the Phase I bid, 2) Award a contract for the lowest responsive bidder, C.A. Rasmussen, Inc., for the bid amount of $820,514.57, 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 (10 %) of the contract price, 4) Authorize the Mayor to sign the necessary contract documents. CONSENSUS: By consensus, the Council determined to continue this item to the next regular City Council meeting of February 3, 1993. Councilmember Montgomery left the dais at this time to eliminate any appearance of conflict in discussion of the next item. Minutes of the City Council Moorpark, California 16 January 20, 1993 E. Consider Adding Section 5 88 020 A.1.G. and Amending Certain Portions of Section 5.88.020 Of the Municipal Code Relative to Home Occupation Permits. Staff Recommendation: Introduce and conduct the first reading of the Ordinance amending certain portions of Section 5.88.020 and adding section 5.88.020 A.l.g. to the Moorpark Municipal Code to allow one (1) home occupation permit to be issued per household with two (2) home occupations per permit. Mr. Aguilera gave the staff report. He pointed out one correction in the staff report on page 2, Section 5.88.020 A.l.g. The first sentence should have the word "permit" added so as to read "A Home Occupation permit shall be required......." Cheryl Kane read the Ordinance title and the amendment to section 5.88.020 A.l.g. MOTION: Mayor Lawrason moved and Councilmember Wozniak seconded a motion to read the ordinance title only. The motion carried by 3 -0 voice vote, Councilmembers Montgomery and Perez absent for the vote. MOTION: Mayor Lawrason moved and Councilmember Wozniak seconded a motion to waive further reading and declare Ordinance 158 introduced and read for the first time. The motion carried by 3 -0 voice vote, Councilmembers Montgomery and Perez absent for the vote. Councilmember Montgomery returned to the dais. F. Consider Authorization to Proceed with the Procurement of Radio Communications Equipment. Staff Recommendation: 1) Amend the budget and appropriate an additional $9,000 from the General Fund Reserve to 01.141.906 and 03.142.906 for the acquisition of new radio equipment; 2) authorize staff to proceed with the. UHF to VHF conversion; 3) authorize the City Manager to sign necessary contract documents. Baldemar Troche gave the staff report. Mayor Lawrason expressed concern about future growth and the decision to set up an independent system for radio communications. He said he wondered if the City should set up their own system now or incur the advantages of being part of the County system for the time being. Minutes of the City Council Moorpark, California 17 January 20, 1993 Councilmember Montgomery said the possibility exists that Waterworks District #1 may come under City purview in the future and that they are part of the County system. He said he believes we should go with the County at this time. Lieutenant Dean stated that during the recent storm situations, his deputies were unable to contact the City's Public Works field personnel. He indicated that a change would be wise and that if the City chooses to go with VHF equipment, the only additional purchase necessary will be a transmitter when the City sets up its own system. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to 1) amend the budget and appropriate an additional $9,000 from the General Fund Reserve to 91.141.906 and 03.142.906 for the acquisition of new radio equipment; 2) authorize staff to proceed with the UHF to VHF conversion; 3) authorize the City Manager to sign the necessary contract documents. The motion carried by a 4- 0 roll call vote, Councilmember Perez absent for the vote. G. Consider Request by William and Mildred La Perch for the City to Initiate a General Plan Amendment for their 25.73 -Acre Property Located at 7200 Walnut Canyon Road. Staff Recommendation: Direct staff to accept an application for a General Plan Amendment and Zone Change to change the land use designation from OS -1 to Rural Low and the zoning from RA -10 Acres to RE -5 Acres. Debbie Traffenstedt gave the staff report. The applicant, Bill LaPerch, was present to answer questions. MOTION: Councilmember Montgomery moved and Councilmember Hunter seconded a motion to direct staff to accept an application for a General Plan Amendment and Zone Change to change the land use designation from OS -1 to Rural Low and the zoning from RA -10 Acres to RE -5 Acres. The motion carried by 4 -0 voice vote, Councilmember Perez absent for the vote. Minutes of the City Council Moorpark, California 18 January 20, 1993 H. Consider Application to Urban Springs Grant Program. Staff Recommendation: Direct staff as deemed appropriate. CONSENSUS: By consensus, the City Council received the additional material with regard to this item. Councilmember Wozniak suggested that the City could apply just to determine the City's "standing" in the process. We should look at making an application also for the 1993/94 year, too. MOTION: Councilmember Montgomery moved and Mayor Lawrason seconded a motion to direct staff to prepare an application for this year. The motion carried by 4 -0 voice vote, Councilmember Perez absent for the vote. 12. ORDINANCES: None. 13. FUTURE AGENDA ITEMS: Mayor Lawrason requested that the City's smoking ordinance be brought back for consideration. AT THIS POINT in the meeting, Mayor Lawrason declared a recess. The time was 11:50 p.m. The Redevelopment Agency convened at 11:51 p.m. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to adjourn to Closed Session under all items listed on the agenda. 14. CLOSED SESSION: 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. Minutes of the City Council Moorpark, California 19 January 20, 1993 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 voice vote 4 -0, Councilmember Perez absent for the vote. Mayor Lawrason declared a recess. The time was 11:52 p.m. The City Council reconvened into Closed Session as the City Council /Redevelopment Agency at 11:52 p.m. Present in Closed Session were Mayor /Chairman Lawrason, Council /Agency Member Hunter, Council /Agency Member Montgomery, Council /Agency Member Wozniak and Mayor /Chairman Lawrason; Steven Kueny, City Manager /Executive Director; Richard Hare, Deputy City Manager /Agency Treasurer; Cheryl Kane, City Attorney /Agency Counsel. The City Council /Redevelopment Agency reconvened into Open Session at 12:10 a.m. Mr. Kueny announced that in Closed Session, the City Council and Agency Board approved Settlement Agreements concerning redevelopment with the County of Ventura and the Moorpark Unified School District and authorized the Mayor /Chairman to sign the agreement. AT THIS POINT in the meeting the Redevelopment Agency was adjourned and the City Council reconvened into Closed Session. The time was 12:10 a.m. Minutes of the City Council Moorpark, California 20 January 20, 1993 Present in Closed Session were all Councilmembers but Councilmember Perez; Steven Kueny, City Manager, Richard Hare, Deputy City Manger; and Cheryl Kane, City Attorney. The meeting reconvened into Open Session at 12:40 a.m. Mr. Kueny indicated there was nothing to report out of Closed Session and only items 14.B., 14.D., and 14.G. were discussed. 15. ADJOURNMENT: Mayor Lawrason adjourned the meeting at 12:40 a.m. Paul W: Lawrason ., Mayor ATTEST: