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HomeMy WebLinkAboutMIN 1993 0203 CC REGMINUTES OF THE CITY COUNCIL Moorpark Community Center February 3, 1993 A Regular Meeting of the City Council of the City of Moorpark was held on February 3, 1993 in the Council Chambers at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Lawrason called the meeting to order at 7:29 p.m. 2. PLEDGE OF ALLEGIANCE: Ninish Narayan of Moorpark High, Future Business Leaders of America, 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; Cheryl Kane, City Attorney; Charles Abbott, City Engineer; Jim Aguilera, Director of Community Development; Mary Lindley, Assistant to the City Manager; Ken Gilbert, Director of Public Works; Lieutenant Dean, Sheriff's Department; Jill Rubin, Management Analyst; Maryann Goodkind, Burke Williams & Sorensen, Don Reynolds, Administrative Services Manager; Lillian Hare, City Clerk; and Dorothy Vandaveer, Deputy City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Proclamation to recognize the Future Business Leaders of America "FBLA Week" as February 8 - 14, 1993. Mayor Lawrason read the proclamation and presented it to FBLA members, Jason Gray and Ninish Narayan. Jason Gray thanked Mayor Lawrason for his support and presented him with an official FBLA pin. B. Proclamation to recognize the Tenth Anniversary of the Ventura County Professional Women's Network. Mayor Lawrason read the proclamation and presented it to Bonnie Warrington, representative from the Ventura County Professional Women's Network. Minutes of the City Council Moorpark, California 2 February 3, 1993 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 6. PUBLIC COMMENT: Roseann Mikos, 14371 East Cambridge Street, expressed her support for the new ordinance that will allow two home occupations at the same residence. Greg Barker, 12453 Hillside Drive, spoke as a Scout Leader for the Presbyterian Church Scout Troop 604. He outlined the requirements of the Troop and introduced each Scout. Robert Barker, 12453 Hillside Drive, spoke as a member of Boy Scout Troop 604. He said there are not enough tennis courts in the area of South Meadows Park and that a tennis team would be a good idea. Dylan Johnson, 12500 Cherrygrove Street, stated that new basketball courts should be included in the 69 -acre park. He said more tennis courts and new baseball fields are also needed in the community. Jason Fraze, 12117 Cherrygrove Street, said he would like to see the Ralph's shopping center finished. He continued by saying it would provide more job opportunities and would help the Moorpark community. Connie Lawrason, 4291 Ambermeadow Street, commented on the landscaping at the Metrolink train station. She noted that the graffiti at the station is an "eyesore "; a left turn signal is needed at Tierra Rejada and Spring Road; the shopping center where the proposed Ralph's supermarket is to be located needs to be completed; and she said the road signs directing the public to the Metrolink station are too small. David Ghirardelli, 2659 Townsgate Road, Westlake Village, spoke representing Ventura Pacific Capital Group. Mr. Ghirardelli said his firm will be requesting a continuance of their agenda item this evening. He also requested that item 11.I. be moved up to the position of 11.D. Gerry Goldstein, 11932 Los Angeles Avenue, spoke regarding the proposed overnight parking restrictions in the City. Minutes of the City Council Moorpark, California 3 February 3, 1993 Dr. Clint Harper, 4044 Oak Glen Court, commented regarding item 11.L, Specific Plan No. 8. He commended John Wozniak for suggesting an advisory vote with regard to the development of Specific Plan No. 8. Dr. Harper said the eventual density of this project will be higher than now proposed. Eloise Brown, 13193 Annette Street, spoke against the increase in the rubbish hauling fee. She said 9.B., a Request by Fred Kavli for the Approval of DP -318, is an opportunity to help the City, she hopes the Council will consider it seriously. Ethel Sulkis, 270 Sierra, commented on the proposed Assessment District and said the City still needs a downtown park and she hopes the City Councilmembers will keep that in mind when they consider this item. Francis Okyere, 484 East Los Angeles Ave., President of the Moorpark Chamber of Commerce, spoke in support of 11.L. He said business is concerned with this issue and the City Council needs to maintain their direction and not send a negative message to the community. 7. COMMITTEE REPORTS: Councilmember Montgomery said he will provide a report to the Council regarding the Ventura County Waste Committee meeting he recently attended. He said a compromise to move legislation forward to establish a regional waste facility was reached at that meeting and the draft legislation will be forwarded to each City very soon. Councilmember Montgomery also indicated that he will provide a written report to the Council regarding the Santa Monica Mountains Conservancy meeting he attended. 8. CONSENT CALENDAR (Roll Call Vote): MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to approve adoption of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Minutes of the Regular City Council Meeting of January 6, 1993. Staff Recommendation: Approve the minutes as processed. Minutes of the City Council Moorpark, California 4 B. Warrant Register FY 1992/93 Manual Warrants Regular Warrants Voided Warrants February 3, 1993 19239, 19240, 19357 - 19364 $ 2,845.16 19365 - 19448 $ 74,929.00 19099, 19232, 19238 $(30,714.24) C. Consider a Resolution of the Channel Counties Division of the Leaaue of California Cities Adoptina a Leaislative Action Program for 1993. Staff Recommendation: Endorse the Legislative Action Program and authorize the Mayor to send a letter of support. D. Consider Retaining a Consultant to Perform Soils Testing Services During the Construction of the Tierra Rejada Road Widening Project. Staff Recommendation: 1) approve the selection of Geolab- Westlake Village, Inc. to perform the subject professional services for a Not to Exceed amount of $69,735; 2) approve a ten per cent (10 %) contingency; and 3) approve an Agreement between the City and said firm for said services, to be in the form of the City's standard professional services agreement; and, 4) authorize the Mayor to execute said Agreement. E. Consider 1) Resolution No. 93 -909 Initiating Proceedings Required for the Preparation of Annual Assessments for AD 84 -2 and AD 85 -1 for FY 93/94; and 2) Resolution No. 93- 910 Authorizing Consulting Services Required for the Preparation of the Engineer's Report and Other Services Related Thereto. Staff Recommendation: 1) Adopt Resolutions 93 -909 and 93 -910 authorizing preparation of Engineer's Reports for FY 93/94; 2) Authorize Dwight French & Associates to prepare FY 93/94 Engineer's Reports for a fee not to exceed $9,900; 3 ) authorize City Manager to sign appropriate contract documents. F. Consider Support of the Expansion of the Ventura Countv Recycling Market Development Zones. Staff Recommendation: Support the expansion of the Recycling Market Development Zones to include all cities in Ventura County. Minutes of the City Council Moorpark, California 5 February 3, 1993 G. Consider Resolution No. 93 -911 Supporting the City of Simi Valley's Efforts to Receive Grant Funding for the Simi Valley Household Hazardous Waste (HHW) Facility. Staff Recommendation: Adopt Resolution No. 93 -911 Supporting the City of Simi Valley for the Household Hazardous Waste (HHW) Grant Application. H. Consider CPD 92 -2, LDM 92 -1. and ZC 92 -4, Minor Modification No. 1 (McDonald's Corporation) Modification to the Required Landscaping Adjacent to the Curb on New Los Angeles Avenue. Staff Recommendation: Receive and file the report. I. Consider Resolution No. 93 -912 Approving City Co- Sponsorship of an Application for the Urban Streams and Restoration Grant in Conjunction with the Environmental Coalition. Staff Recommendation: Adopt Resolution No. 93- approving City co- sponsorship of an application for the Urban Stream and Restoration grant. J. Consider Amicus in Freedom Newspapers v. Board of Directors. Staff Recommendation: Authorize City to join Amicus. 9. PUBLIC HEARINGS: A. Consider Resolution No. 93- . Assessment District No. 92 -1 (Mission Bell Plaza) for Infrastructure Improvements. (Continued Item 9.a. from 1/20/93). Staff Recommendation: Open the public hearing; take public comment; close public hearing; Approve the Negative Declaration and Initial Study; 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. Ken Gilbert gave the staff report. Mayor Lawrason read the following statement: 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 7:00 p.m. These hearings are to inquire into the formation of the District, the levy of assessments in the Minutes of the City Council Moorpark, California 6 February 3, 1993 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 stated that no additional protests have been filed at this time. Councilmember Montgomery clarified that this is not a city -wide assessment district. He indicated that the Council's Public Works, Facilities and Solid Waste Committee met with six of the involved property owners last Monday evening to discuss 1) a clear definition of the loan program, and 2) the use of the LAIF (Local Agency Investment Fund) rate for the loans with a cap of 7%. Councilmember Montgomery commented that discussion of both of these items were received very well by the property owners. The Committee also reviewed a draft of the loan agreement with the involved property owners. He said the Committee recommends that the property owners notify the City Council by February 10th if they want to take advantage of the loan program. He said the Committee recommended that the property owners have the option to 1) have the right of way purchased and have that amount added to their assessment, or 2) they may donate the property and have the amount of the donation deducted from the assessment. Councilmember Montgomery indicated that the Committee's intent is to recommend continuation of this item with final action to be taken at the meeting of February 17. Mitchell Kahn, 300 Esplanade Drive, Oxnard, spoke representing Ventura Pacific Capital Group VI. He said his client had not expected a request for continuance and he expressed concern that the continuance will delay K- Mart more than two weeks. He commented that the hearing can be closed this evening and it will still provide ample time for the property owners to make the proper financial arrangements. Minutes of the City Council Moorpark, California 7 February 3, 1993 In response to Mr. Kahn, Councilmember Montgomery agreed that the City Council desires to have K -Mart open on schedule in October, 1993; however, there should be no problem because the additional two week continuance still allows for that schedule. Gerry Goldstein, 11932 Los Angeles Avenue, commented that he finds it hard to believe that these property owners are being expected to yield their property for public use instead of the property being purchased from them for fair market value. Councilmember Hunter stated that he supports the two -week continuance. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to continue the public hearing to the City Council meeting of February 17, 1993. The motion carried by unanimous voice vote. B. Consider a Request by Fred Kavli for the Approval of DP- 318 Major Modification No. 1 - A Proposal to Construct a 91,549 Square Foot Building Within a 26.08 Acre Site. Staff Recommendation: Approve DP -318 Major Modification No. 1. Jim Aguilera gave the staff report. Councilmember Perez questioned the terminology on page 7 of the Mitigation /Monitoring Program. He questioned the definition being used for flora and fauna on a site that is essentially bare. Mr. Aguilera said the referenced condition is dictated by the State Fish and Game Commission. Mayor Lawrason opened the public hearing. John Newton, 165 High Street, spoke representing Kavlico Corporation. He indicated that Bruce Tackman, Dennis Roy, and Fred Kaveli are all present representing Kavlico and are ready to answer any questions regarding the proposed project. Fred Kaveli, 14501 E. Los Angeles Avenue, spoke as President of Kavlico. He said he is grateful to be in a position of expansion in these times when other companies are experiencing layoffs. He thanked City staff for - expediting the process of this proposed expansion and he Minutes of the City Council Moorpark, California 8 February 3, 1993 also thanked the City Council for their consideration and efforts. John Newton, 165 High Street, spoke as representative for Kavlico. He said the plan check process has been started and that Mr. Kaveli desires a September 1 occupancy date. Mr. Newton commented on the conditions as follows: a) Page 5 of the conditions (16.n.) regarding the formation of a landscape maintenance assessment district, Mr. Newton requests the last sentence be deleted. It reads: "The applicant shall record a covenant and easement to this effect." b) Page 19 of the conditions, Condition 73 - He requested that this one be tied to Condition 16.N. by adding words similar to "subject to condition 16.n." C) Page 7 of the conditions, Condition 23, needs to be clarified. Kavlico wants to be able to use some alternative materials other than masonry wall construction so the wall is not difficult to move. The colors and the textures would match the screening walls. Mr. Newton indicated that the equipment being shielded from view is behind the building and he questioned if the issue of materials is really critical. d) Page 7 of the conditions, Condition 24 - The applicant requests that this condition be deleted. It reads: "The applicant agrees not to protest the formation of an underground utility assessment district." e) Page 11 of the conditions, Condition 30.j. - Mr. Newton indicated that his client is requesting that they be allowed to install low maintenance landscaping in the open areas to the south and west of the proposed building site area. f) Page 15 of the conditions, Condition 47 - Mr. Newton suggested the following wording: "The applicant shall revise the plot plan to provide an eighteen inch (1811) high (from toe of Minutes of the City Council Moorpark, California 9 February 3, 1993 grade) slough wall along Los Angeles Avenue to the extent necessary to prevent sloughing of soiling onto the sidewalk to the satisfaction of the Director of Community Development." g) Page 15 of the conditions, Condition 50 - Mr. Newton said there are no natural landscape areas being moved at this time, so the applicant requests that this condition be deleted. h) Page 17 of the conditions, Condition 60 - Mr. Newton stated that this penalizes an applicant who has already proven to be responsible. He suggested that there are other mechanisms to be used without imposing this condition. i) Page 23 of the conditions, Condition 83 - Mr. Newton said the applicant knows further work needs to be done in conjunction with CalTrans in regards to traffic flow in the area of the proposed project. He indicated the applicant intends to comply with this condition and will look at the possibility of constructing an additional driveway. j) Page 25 of the conditions, Condition 88 - Mr. Newton requested that the applicant be allowed to work 9:00 a.m. to 5:00 p.m. on Sunday, the same hours as allowed on Saturday. He said the applicant requests the 7 -day construction opportunities and if there are complaints, they will change the hours to what the City requires. In additional comments, Mr. Newton said it should be understood that Mr. Kaveli did not threaten to take his business out of the City. Mr. Newton also listed various fees his client has been required to pay which total $144,000. He indicated that his client wants to reserve the opportunity to return to request consideration of fee adjustments if the fee requirements cannot be met. In response to Councilmember Perez, Mr. Newton said it is anticipated that the equipment which would be shielded by the fence in Condition 23, may be moved on occasion. He said that is the reason for the request to use a material other than masonry for the construction of this fence. Councilmember Perez questioned how the expanded hours on Sunday could be explained to nearby residents. Minutes of the City Council Moorpark, California 10 February 3, 1993 Mr. Newton said perhaps the noise ordinance could be referenced or that staff could decide what is the proper response. In response to Councilmember Hunter, John Newton said the applicant would agree to leave the hour determination up to the discretion of the Director of Community Development. Councilmember Wozniak commented that the applicant needs to give serious consideration to constructing the extra driveway. He said staggered work hours might alleviate the potential of gridlock traffic situations developing. CONSENSUS: By consensus, the Council determined to direct staff to delete the last sentence in Condition 16.n., and to combine Conditions 16.n. and Condition 73. Mayor Lawrason closed the public hearing. Councilmember Wozniak stated that on page 7 of the agenda report, under the heading entitled "Height ", the first sentence should have the three words "of the approval" deleted. Councilmember Wozniak also indicated that on Page 12 of the Mitigation /Monitoring Program for DP318 Major Modification No. 1, in the paragraph lettered m., the last few words should read "and approval of the City Engineer" instead of "and approval and the City Engineer" and on page 13, of the Mitigation /Monitoring Program, the sentence that begins "Also this area of the ...... which is adjacent .." the word "property" should be inserted between the words "the" and "which". In response to Councilmember Perez, Mr. Aguilera responded that the definition of masonry wall is normally block, slumpstone, cinderblock or other types of concrete. The City's requirement is for something with a smooth texture that will blend with the existing surrounding structures and yet be structurally sound. CONSENSUS: By consensus, the Council determined that the word "masonry ", in Condition 23, should be deleted and the word "consistent" should be changed to read "compatible" in the last sentence. In response to Council question regarding Condition 24, Mr. Aguilera said this is a "boiler plate" condition. Minutes of the City Council Moorpark, California 11 February 3, 1993 CONSENSUS: By consensus, the Council determined to delete Condition 24. CONSENSUS: By consensus, the Council determined that with regard to Condition 30.J., that wildflower hydroseed with low water usage landscaping is acceptable as proposed by the applicant. CONSENSUS: By consensus, the Council discussed and gave staff direction regarding the following conditions: Condition 47 - Staff will reword this condition with the intent that the Director of Community Development and /or the City Engineer will determine based upon field conditions during construction where the slough wall is needed. Condition 50 - Ordinance 102 will be reviewed to see if it applies to this totally bare site. Condition 60 - Was resolved previously in the meeting. Condition 88 - Councilmember Montgomery suggested that the last sentence be deleted to be replaced with "At the discretion of the Director of Community Development the Sunday hours of construction shall be allowed from 9 a.m. to 5 p.m. 11 Mr. Aguilera stated that the following condition: Applicant shall execute a covenant running with the land on behalf of itself, its successors, heirs, and assigns agreeing to participate in the formation of and be subject to any assessment district or other financing techniques including but not limited to the payment of traffic mitigation fees, which the City may implement or adopt, to fund the public street and traffic improvements directly or indirectly affected by this development ", should be added. John Newton, 165 High Street, spoke on behalf of the applicant and said they oppose the addition of that condition to the Conditions of Approval. He said he was not aware of the condition as part of the Mitigation Monitoring Program. In response to a Council question about the landscaping fee, Mr. Kueny read Section 1408 -90 of Ordinance 102. Minutes of the City Council Moorpark, California 12 February 3, 1993 Councilmember Montgomery said the Council should make the finding that the applicant, by virtue of the original conditions of approval, has met and exceeded the requirements of this ordinance. CONSENSUS: By consensus, the Council determined to delete Condition No. 50. Councilmember Wozniak stated that Condition 19 on page 6 needs to be addressed. CONSENSUS: By consensus, the Council determined to delete this condition with the understanding that if the City is challenged by the Department of Fish and Game, Kavlico will bear resulting costs. The $25.00 fee is an absolute and cannot be deleted, but the $1250.00 fee can be deleted. Mr. Kueny said that before the added condition regarding the citywide traffic covenant is discussed, the City Attorney should advise the Council. Cheryl Kane said under CEQA you are only allowed to issue a negative declaration if you can make the finding that either the project as it was originally submitted or with mitigation measures attached does not have a significant effect on the environment. That finding can only be made if all the mitigation measures are in place. You are in fact stating that if you accept the staff recommendation, that in order to come to the conclusion that this project will not have a significant effect, all of the mitigation measures proposed, including this one, are enforced. Recently, CEQA was modified and amended to require a monitoring program because of a concern that mitigation was being proposed for projects but not actually being carried out. Staff is recommending that to ensure the mitigation is implemented that particular mitigation would have to be met prior to zone clearance. If you adopt the negative declaration, the applicant will have to comply with that condition in order to satisfy the mitigation monitoring program and that would have to occur before the zone clearance. In effect you would have the same outcome as you would as if you had attached this as a condition to the major modification. Minutes of the City Council Moorpark, California 13 February 3, 1993 Mr. Aguilera said it is a difficult condition to tie to a condition that needs mitigation because it is a future promise to do something. He said the City is asking the applicant to agree to join an assessment district to make additions to streets in the City, which have not been identified in this program. Mr. Kueny said staff is a few months away from bringing this matter back to the Council. He said the intent is to create a citywide condition. Mr. Kueny said he does not know what mechanism will be used to accomplish this. Councilmember Montgomery asked if we have a copy of the revised language that Mitch Kahn proposed some months ago. He said that language seemed more fair to the applicant. AT THIS POINT in the meeting, the Mayor declared a recess. The time was 10:08 p.m. The Council reconvened into open session at 10:38 p.m. Mayor Lawrason said the one remaining issue is regarding the Mitigation document. John Newton, 165 High Street, said he does not agree that the traffic mitigation fee was a consideration in rendering the CEQA document to come up with a finding that there were no significant improvements. He does not agree that it was an element of the finding. Councilmember Montgomery suggested that the third asterisk on page 29 be deleted and that they deem the remaining Mitigation Monitoring Program sufficient to adequately mitigate any and all impacts. In response to Mayor Lawrason, Mr. Aguilera said from a technical point of view the condition could be deleted without substantially hurting the mitigation program. From a precedent standpoint, Mr. Aguilera said the precedence would be very focused. Minutes of the City Council Moorpark, California 14 February 3, 1993 Mayor Lawrason said he supports deletion of this condition. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the modified Mitigated Negative Declaration and the Mitigation Monitoring Program making the Findings and adopting Resolution 93 -914 approving the major modification based on the revised conditions of approval as directed by the Council. The motion carried by unanimous voice vote. AT THIS POINT in the meeting the City Clerk stated it was time to reorder the agenda. The time was 10:50 p.m. CONSENSUS: By consensus, the Council determined to continued Items 11.A., 11.B., 11.C., 11.G., 11.J. and 11.L. C. Consider Revisions to the Citv's Zonina Ordinance - City of Moorpark. Staff Recommendation: Review the proposed changes and advise staff of any additional changes to the zoning ordinance. (Continued Item 11.F. from 1/20/93) PUBLIC HEARING REMAINS OPEN. MOTION: Councilmember Montgomery moved and Mayor Lawrason seconded a motion to continue this item to February 17, 1993 with the public hearing to remain open. The motion carried by unanimous voice vote. 10. COMMENTS FROM COUNCIL MEMBERS: None. 11. ACTION /DISCUSSION ITEMS: A. Consider Assessment District 92 -1. Phase I Bid Award. Staff Recommendation: 1) Approve the deletion of landscaping and irrigation (Items 61, 62 & 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. (Continued Item 11.D. from 1/20/93). This item was continued to February 17, 1993. Minutes of the City Council Moorpark, California 15 February 3, 1993 B. Consider a Request for CPD 89 -1 and 2 Minor Modification No. 3 (Ventura Pacific Capital Group VI), a Request to Allow One Additional Monument Sian. 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. (Continued Item 11.H. from 1/13/93). This item was continued to February 10, 1993. C. Consider a Request by Gerald Bridgeman Regarding Offsite 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 a 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. (Continued Item 11.B. from 1/20/93). This item was continued to February 10, 1993. D. Consider a Report from Staff Regarding Pardee Construction Company Proposal for Inspections. Staff Recommendation: Direct staff as deemed appropriate. Mr. Aguilera gave the staff report. Dale Feb, 448 Sundance Street, Thousand Oaks, spoke representing D -Way Fireplace Inspection. He expressed concern about the inspections that need to be done on chimneys in the Northview tract. He said the Uniform Building Code needs to be followed and some of the work being done is unapproved and untested and the results are unknown. In response to question from Councilmember Montgomery, Mr. Feb said when all requirements of the prefabricated fireplaces are put together, Pardee's proposal is in violation of the Uniform Building Code. Mr. Aguilera said it was the opinion of the Building and Safety Department that the chimney enclosure is not part of the entire system. He indicated that Mr. Feb is wrong in his interpretation of the Uniform Building Code. Mr. Aguilera said the system only deals with the part of the fireplace system that is premanufactured. Minutes of the City Council Moorpark, California 16 February 3, 1993 Lucy Buol, 4173 Trailcrest Drive, spoke as a homeowner in the North View tract. She commented that Pardee is trying to force this solution on the homeowners. She said Pardee has threatened the HOA with a lawsuit if they are not allowed to correct this problem using their ( Pardee's) method. Mark Lapp, 13416 Cedarpine, spoke as a resident of North View tract. He provided photos of different chimneys that Pardee has installed. He requested that no final inspection sign off be allowed before this issue is resolved. Debi Ulis -Judd, 4047 Cedarpine, spoke as a resident of North View. She said the issue is that none of these fireplaces were installed properly and spending public funds on inspecting these houses, is not acceptable to her. She said she is getting cooperation from Pardee and it is each homeowner's responsibility to handle this -- not the City's. William Buol, 4173 Trailcrest Drive, spoke as a resident of North View tract. He said he does not see this matter as a problem for the City to handle -- each homeowner should deal with it. He cautioned the City about "opening itself up" for liability with this issue. He said he is not going to accept the metal repair being offered by Pardee because it does not look nice and he paid for a stucco chimney. Councilmember Montgomery clarified that there are two issues. The first issue is to conduct inspections of all the affected homes. He said the City has a proposal from Pardee that will do that but the problem is determining what Pardee's proposal really is. Councilmember Montgomery continued by stating the second problem is the chimney shroud extension methodology. The technique proposed by Pardee does meet with Uniform Building Code but is not consistent with their residential planned development permit. Mr. Aguilera said the metal surround on the chimneys is not an acceptable method to meet the RPD requirements and that is why the stop work order was issued. Minutes of the City Council Moorpark, California 17 February 3, 1993 CONSENSUS: By consensus, Council determined to allow staff to make an attempt to coordinate the proposals as received by both the HOA and Pardee and to reach a consensus which could be communicated to the Council. Staff was directed to inform Pardee that they need to make a minor modification application because their proposal to repair the chimneys without using stucco would be in violation of their RPD. E. Consider a Request for Bids and Status on the Matter of Fireplace Inspections. Staff Recommendation: Direct staff as deemed appropriate. Mr. Aguilera gave the staff report. CONSENSUS: By consensus, the Council determined to continue this matter until resolution is reached between the homeowners and Pardee Construction regarding repairs. F. Consider Resolution No. 93- 913 Increasina the Residential Recycling Fee. Staff Recommendation: Adopt Resolution No. 93 -913 increasing the Residential Recycling Fee from $1.35 to $1.65 per month effective March 1, 1993. Jill Rubin gave the staff report. In response to Councilmember Hunter, Ms. Rubin said the senior citizens will experience the same increase as the general residents. Ethel Sulkis, 270 Sierra Avenue, spoke in opposition to the recycling fee increase. Carolyn Poleri, 6863 Trojan Court, read a letter from another citizen of Moorpark. The letter spoke in opposition to the fee increase and was signed by Lynne B. Owens. Mike Smith, was present as a representative of G. I. Rubbish and answered Council questions. Mayor Lawrason asked if the new bill reflects the anticipated fee increase. Mr. Smith said no, it "fell off- cycle" so needed to be made retroactive. Minutes of the City Council Moorpark, California 18 February 3, 1993 Mary Lindley explained that the rates are generally reviewed annually but it has been 21 months since the fee was oringinally set. Mr. Kueny said staff will meet with both haulers to address inconsistencies. MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to adopt Resolution 93 -913 increasing the residential recycling fee from $1.35 to $1.65 per month effective March 1, 1993. The motion carried by 4 -1 voice vote, Councilmember Hunter dissented. G. Consider Tierra Rejada Rd. and Peach Hill Rd. Overlay Bid Award. Staff Recommendation: 1) Approve the scope of work for the project as described, 2) Approve the revised budget appropriations and budget amendments as set forth in the staff report; 3) Award a contract for the lowest responsible bidder, Nye & Nelson, for $285,055.40, 4) 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. 5) Authorize the Mayor to sign the necessary contract documents. Mr. Gilbert gave the staff report. Mr. Gilbert said he recommends that the staff recommendation be amended to continue this item for two weeks. He said there may be an opportunity to receive grant funds for this project. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to continue this item for two weeks. The motion carried by unanimous voice vote. H. Consider Setting the Date of a Public Hearing to Consider the Levy of an Assessment to Fund Stormwater Management Activities Mandated by the National Pollutant Discharge Elimination System ( NPDES). Staff Recommendation: Set February 17, 1993, as the date of a public hearing to consider setting the amount of the NPDES assessment for FY 1993/94 at $5.00 per BAU per year. Mr. Gilbert gave the staff report. Minutes of the City Council Moorpark, California 19 February 3, 1993 MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to set February 17, 1993, as the date of a public hearing to consider setting the amount of the NPDES assessment for FY 1993/94 at $5.00 per BAU per year. The motion carried by unanimous voice vote. I. Consider Public Improvement Sureties for Tentative Tract Map 4757 (Ventura Pacific Capital). Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny gave the staff report. Mitchell Kahn, said he appreciates the Council's efforts. He understands all the fees have been paid to the City. He said $317,000 has been paid during the last eight months. Councilmember Montgomery asked Mr. Kahn if he has a concern with amending the surety deadline in both the CPD and Tentative Tract conditions to be "prior to occupancy. In response to Councilmember Montgomery, Mr. Kahn said no. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to change the surety deadline in both the CPD and Tentative Tract conditions to be "prior to occupancy" and the requirement for a surety, in the event Assessment District 92 -1 is not created, is to be referenced in the subdivision improvement agreement. The motion carried by unanimous voice vote. J. Consider a Code Enforcement Cost Recovery Program. Staff Recommendation: That the City Council approve the concept presented by staff for the development of a Code Enforcement Cost Recovery program and defer the matter to the City Attorney for the preparation of an initial draft resolution and ordinance. This item was continued to February 10, 1993. Minutes of the City Council Moorpark, California 20 February 3, 1993 K. Consider Preliminary Staff Comments Pertaining to Revised Draft Environmental Impact Report (DEIR) for the Proposed Weldon Canyon Landfill. Staff Recommendation: Direct staff to prepare a comment letter on the Revised DEIR for the Weldon Canyon Landfill, which expresses the City's support for a western county landfill and opposition to the No Project and Rail Haul Alternatives. Mr. Aguilera gave the staff report. Councilmember Montgomery said the letter should indicate to the County that this EIR is adequate and certifiable and further the letter should encourage the County to proceed with the EIR certification. He said the City needs to reiterate the urgency since the County needs to schedule 1) the EIR, and 2) the hearing to permit Weldon Canyon both at the earliest possible dates. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to direct staff to prepare a comment letter which expresses that the EIR is adequate and can be certified and further to encourage the County to proceed with the EIR certification; to reiterate the City's concern that the County needs to schedule 1) the EIR, and 2) the hearing to permit Weldon Canyon both at the earliest possible dates. The motion carried by unanimous voice vote. L. Consider Soliciting Public Input Regarding Expansion of City's Sphere of Influence to Include Specific Plan No. 8 (Messenger, et al). Staff Recommendation: Direct staff as deemed appropriate. This item was continued to February 10, 1993. 12. ORDINANCES: A. Consider Adoption of Ordinance 158, 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. Councilmember Montgomery left the dais due to possible conflict of interest. Ms. Kane read the ordinance title. Minutes of the City Council Moorpark, California 21 February 3, 1993 MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to read the ordinance title only. The motion carried by voice vote 4 -0, Councilmember Montgomery absent for the vote. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to declare Ordinance 158 read for the second time and adopted as read. The motion carried by voice vote 4 -0, Councilmember Montgomery absent for the vote. Councilmember Montgomery returned to the dais. B. Consider Introduction of Ordinance , Adding Chapter 8.48 and Related Sections to Title 8 of the Municipal Code Pertaining to Property Maintenance. Staff Recommendation: Introduce and conduct the first reading of the City's Property Maintenance Ordinance, added as Chapter 8.48 and re- titling Chapter 8.04 of the Moorpark Municipal Code. Mr. Aguilera gave the staff report. Councilmember Perez said on page 2, item 1., "clothesline" should be deleted. CONSENSUS: By consensus, the Council determined to delete subsection L. of Section 8.48.010 and to modify subsection I. pertianing to storage of vehicles. CONSENSUS: By consensus, the Council directed this ordinance to be revised and then returned to the Council for action. 13. FUTURE AGENDA ITEMS: NONE. 14. CLOSED SESSION: MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adjourn to Closed Session for a discussion of all items listed: A. Personnel. B. Potential litigation pursuant to Government Code Section 54956.9(b)(1). Minutes of the City Council Moorpark, California 22 February 3, 1993 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 voice vote 4 -1, Councilmember Wozniak dissenting. AT THIS POINT in the meeting, the Mayor declared a recess. The time was 1:00 a.m. The City Council reconvened into Closed Session at 1:03 a.m. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney. The meeting reconvened into Open Session at 1:54 a.m. Mr. Kueny indicated there was no action to report out of Closed Session and only items 14.C., 14.D., 14.G., 14.I., and 14.K. were discussed. Minutes of the City Council Moorpark, California 23 15. ADJOURNMENT: February 3, 1993 MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adjourn to February 10, 1993, at 7:00 p.m. The motion carried by uanimous voice vote. The time was 1:54 a.m. ATTEST: Lillian E. Hare, City S Paul W. LaWrason Jr., ayor