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HomeMy WebLinkAboutMIN 1993 0303 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California March 3, 1993 A Regular Meeting of the City Council of the City of Moorpark was held on March 3, 1993 in the Council Chambers of said city located at 799 Moorpark Avenue, Moorpark, CA. 1. CALL TO ORDER: Mayor Lawrason called the meeting to order at 7:31 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Hunter 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; Jim Aguilera, Director of Community Development; Charles Abbott, City Engineer; Lieutenant Dean, Sheriff's Department; Chris Adams, Director of Community Services; Ken Gilbert, Public Works Director; Don Reynolds, Administrative Services Manager; Lillian Hare, City Clerk; and Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Proclamation designating March 7, 1993 as Arbor Day in the City of Moorpark. Carin Seebold, of Moorpark Beautiful, was presented the proclamation by Mayor Lawrason. B. Proclamation recognizing March 7, 1993 as Crop Walk Day. Reverend Dilg accepted the proclamation from Mayor Lawrason. C. Special Recognition of Community Volunteers. Mayor Lawrason recognized Ruben Castro; Bart and Vernice Miller; and Vickie McGowan for their service to the community of Moorpark. Mayor Lawrason also recognized Teresa Cortez, who was not present. Minutes of the City Council Moorpark, California 2 5. REORDERING OF AND ADDITIONS TO THE AGENDA: March 3, 1993 Mr. Kueny requested that the Council add as item ll.M., Consideration of the City of Alhambra v. Ikemoto, Case No. S031350, information on this case having been received after the posting of the agenda. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to add Consideration of the City of Alhambra v. Ikemoto, Case No. S031350, as item 11.M., the need for action having arisen after the posting of the agenda. The motion carried by unanimous voice vote. 6. PUBLIC COMMENT: Les Baucum, 15750 Los Angeles Avenue, #34, spoke regarding the measure that will be on the ballot in April. He encouraged people to vote "yes" on the measure. Neno Spondello, 340 Rosewood, Camarillo, spoke as a representative of Ventura Pacific Capital Group VI. He requested that item 8.C. be continued for two weeks. Gerry Goldstein, 11932 Los Angeles Avenue, spoke regarding the lack of public transportation to and from Moorpark and surrounding cities. John Newton, spoke regarding complete agreement with the presented in the staff report. 7. COMMITTEE REPORTS: item 11.I. He said he is in staff recommendation as it is Councilmember Montgomery reported on the last Ventura County Waste Commission meeting which he attended and indicated that he would be distributing a memo summarizing that meeting to the Council. 8. CONSENT CALENDAR: MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to pull items 8.C. and 8.H. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Minutes of the Special City Council Meeting of January 13, 1993. Minutes of the City Council Moorpark, California March 3, 1993 Consider Minutes of the Regular City Council Meeting of February Consider 3, 1993. Minutes of the Special City Council Meeting of February Consider 3, 1993. Minutes of the Regular City Council Meeting of February Consider 17, 1993. Minutes of the Special City Council Meeting of February 17, 1993. Staff Recommendation: Approve the minutes as processed. B. Warrant Register FY 1992/93 Manual Warrants 19568 - 19573 $ 8,682.61 Voided Warrants 19269 $ (1,275.00) Regular Warrants 19574 - 19666 $161,848.38 D. Consider Adoption of Resolution No. 93 -919 Certifvin that the City of Moorpark has no At -Risk "Assisted Housing Developments" Pursuant to Government Code Section 65583(a)(8). Staff Recommendation: Adopt Resolution No. 93 -919 certifying that the City of Moorpark has no at- risk "assisted housing developments" pursuant to Government Code Section 65583(a)(8). E. Consider Resolution No. 93 -920 For Approval of Application for SB 821 Bicycle /Pedestrian Funds for FY 1993/94. Staff Recommendation: Adopt Resolution No. 93- 920 approving an application for SB 821 funds. F. Consider Status Report Regarding Traffic Controls on Collins Drive. Staff Recommendation: Receive and file the report. G. Consider Rejection of Claim - Richard and Hermelida Cano. Staff Recommendation: Reject claim and direct staff to appropriately notify claimant. I. Consider Rejection of Claim - Barbara Shultz. Staff Recommendation: Reject claim and direct staff to appropriately notify claimant. Minutes of the City Council Moorpark, California 4 March 3, 1993 J. Consider Resolution 93 -921, Establishing Fees for Law Enforcement Services and Rescinding Resolution No. 92- 868. Staff Recommendation: Approve Resolution 93 -921. K. Consider Filing of Resolution 93 -914 Approving DP 318, Major Modification No. 1 (Fred Kavli) . (This resolution was adopted by the Council on 2/3/93.) Staff Recommendation: Receive and file the resolution. L. Consider City Manager Approved Contract with Ventura County Area Agency on Aging for Usage of Senior Center for County Nutrition Program. Staff Recommendation: Receive and file the report. M. Consider Resolution No. 93 -922 Concerning City of Moorpark Assessment District No. 92 -1 (Mission Bell Plaza) for Infrastructure Improvements. Staff Recommendation: Adopt Resolution No. 93 -922, authorizing the distribution of the preliminary official statement relating to the City's 1915 Act Limited Obligation Improvement Bonds, Series 1993, issued in connection with the City's Assessment District No. 92 -1 (Mission Bell Plaza) . The following items were pulled from the Consent Calendar for individual consideration: C. Consider a Request for CPD 89 -1 and -2 Minor Modification No. 4 (Carl's Jr - Carl Karcher Enterprises Inc. ) , a Request for Approval to Construct a Drive Through Restaurant with an Outdoor Play Area. Staff Recommendation: Receive and file the report. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to continue this item to the City Council meeting of March 17, 1993. The motion carried by unanimous voice vote. H. Consider Rejection of Claim - Villa Del Arroyo Mobilehome Park. Staff Recommendation: Reject claim and direct staff to appropriately notify claimant. In response to Councilmember Montgomery, Ms. Hare confirmed that the referendum petition against Ordinance No. 153, An Ordinance Relative to Vacancy Rent Control in Mobilehome Parks, had been signed by the manager of the Villa del Arroyo Mobilehome Park as proponent not the Villa del Arroyo Mobilehome Park management company. Minutes of the City Council Moorpark, California 5 March 3, 1993 MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to reject the claim and direct staff to appropriately notify the claimant. The motion carried by unanimous voice vote. 9. PUBLIC HEARINGS: A. CUP 92 -3, Variance No. 92 -3 - Community Christian Church. Proposal to Use a 20,696 Parcel Containing a 10,980 Square Foot Industrial Building as a Church Facility and a Variance for Approving Additional Off - street Parking Adjacent to the Proposed Property. Staff Recommendation: Open the public hearing, accept public testimony, determine the project is exempt from CEQA, make appropriate findings, and direct staff to prepare a resolution of approval. (Continued Item 9.B. from 2/17/93) Mr. Aguilera gave the staff report. He indicated that continuance has been requested by the applicant. Mayor Lawrason opened the public hearing. Ms. Hare indicated that no speaker cards had been received for this item. Mayor Lawrason asked if there was anyone in the audience who wished to address this matter. Gerry Goldstein, 11932 Los Angeles Avenue, addressed the Council asking for support for church use in industrial areas. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to continue this matter to the City Council meeting of March 17, 1993. The motion carried by unanimous voice vote. B. Consider the Levy of an Assessment to Fund Stormwater Manaaement Activities Mandated by the National Pollutant Discharge Elimination System ( NPDES). Staff Recommendation: That the City Council set the amount of the City's NPDES assessment for FY 1993/94 at $5.00 per BAU, and direct staff to forward a request to the VCFCD to levy said assessment on behalf of the City pursuant to the provisions of the NPDES Implementation Agreement. (Continued Item 9.D. from 2/17/93). New Recommendation: No NPDES Assessment for FY 1993/94 and that staff be directed to develop and present other funding options for Minutes of the City Council Moorpark, California 6 March 3, 1993 this program to the City Council with the recommended FY 1993/94 budget. Mr. Kueny gave the staff report. Mayor Lawrason and Councilmember Montgomery both responded that any additional task at this time was not appropriate. Mayor Lawrason opened the public hearing. Ms. Hare indicated there were no speaker cards received for this item. Mayor Lawrason closed the public hearing. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve the staff recommendation that there be no NPDES Assessment for fiscal year 1993/94 and that staff be directed to develop and present other funding options for this program to the City Council with the recommended FY 93/94 budget period. The motion carried by unanimous voice vote. C. Consider The Appropriation of Communitv Development Block Grant Funds (CDBG) for Fiscal Year 1993/94, Estimated to be $210,038. Staff Recommendation: That the Council open the public hearing and receive public testimony, close the public hearing and defer the consideration of CDBG proposals to the Council's Budget and Finance Committee. Mr. Reynolds gave the staff report. Mayor Lawrason opened the public hearing. Violet Henry, 2220 Ventura Blvd, Camarillo, spoke regarding the Ventura County Senior Nutrition Program. She requested $10,000 in CDBG funds to help pay for the Site Coordinator's salary. Ann Thomason, 8728 North Bank, Ventura, spoke representing the Long Term Care Omsbudsman Program. She said this agency investigates and mediates claims which are brought to their attention. Minutes of the City Council Moorpark, California 7 March 3, 1993 Mary Ann Decaen and Ruben Castro spoke representing Catholic Charities, Ventura. Ms. Decaen said she is the coordinator of Catholic Charities for Ventura County and she requested CDBG funding for the agency. Carla Robertson, 165 High Street, spoke representing the Boys and Girls Club of Moorpark. She requested $21,500 under the category of facilities to allow modification of the Casey Road highschool gymnasium to accommodate handicapped persons. She stated that the entire project will cost $33,500 and the remainder of the funds will be raised through fundraising activities. Carmen Ramirez, 132 South A Street, Oxnard, spoke representing Channel Counties Legal Services. She explained the services provided by this agency and requested $10,000 from the CDBG funds. Pat Flannigan, 1079 Camino Magenta, Thousand Oaks, stated that she is the Director of the Adult Literacy Program for the Ventura County Library Services Agency. She requested $5,000 to support the Agency's program. Gail Reddington, Site Coordinator for Moorpark, was present also. Carolyn Poleri, 6960 Trojan Court, stated that she has been a tutor for the Adult Literacy Program since it started and she finds it worthwhile. Richard Scown, indicated he has been a volunteer tutor for the Adult Literacy Program also for three years. He expressed his thanks to the Council for their past support. Eduardo Calderone, 859 Walnut Canyon Road, spoke as a student of the program. He thanked the Council for their support of the program. Councilmember Montgomery indicated that if any citizens are interested in participating in the Adult Literacy Program, they should call 529 -2060, extension 6294. Ms. Reddington responded saying the site is open Tuesday and Thursdays from 5:00 p.m. - 7:30 p.m. Myra Saltoun- Moran, 4620 Sunset Blvd, Los Angeles, spoke as a clinical psychologist at Children's Hospital in Los Angeles. She said the hospital wants to develop a community outreach program to be conducted at the Ventura County Medical Center. Minutes of the City Council Moorpark, California 8 March 3, 1993 In response to Councilmember Montgomery, Don Reynolds clarified that the request by this organization is $6,200 for CDBG funds. He said the total cost of the program is $42,871. Mayor Lawrason closed the public hearing. Mr. Reynolds indicated that the Council would need to consider CDBG funds available for the Economic Stimulus Package of President Clinton. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to defer consideration of the CDBG proposals to the Council's Budget and Finance Committee; a report to be provided to the Council from the Budget and Finance Committee on April 7. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, a recess was declared. The time was 9:05 p.m. The Council reconvened at 9:30 p.m. 10. COMMENTS FROM COUNCILMEMBERS: A. Appointments to the Ventura County Citizens Transportation Advisory Committee. NOMINATION: Mayor Lawrason nominated and Councilmember Wozniak seconded the nomination of Mr. Ed Keating as the City's representative to CTAC /SSTAC. The nomination carried by unanimous voice vote. Councilmember Perez stated to the audience that the City was looking for persons to appoint to the Ventura County Grand Jury. He indicated that interested persons should contact the Council or City staff. Councilmember Perez indicated that the street lights on the west side of Spring Road need to be reviewed for adequacy. Councilmember Perez also requested information on the jersey barriers which were to be placed on Los Angeles Avenue before Avenida Colonia. Minutes of the City Council Moorpark, California 9 March 3, 1993 11. ACTION /DISCUSSION ITEMS: A. Consider Draft Memorandum of Understanding (MOU) for Specific Plan No. 8 (Hidden Creek Ranch). Staff Recommendation: 1) Direct staff to incorporate any City Council comments into the MOU and then authorize the City Manager to approve the MOU, 2) Direct staff to submit an application to LAFCO for a Sphere of Influence Amendment for the Specific Plan No. 8. (Continued Item 11.D. from 2/24/93) Mr. Aguilera indicated that the Messenger representative has requested this item be taken off - calendar and referred back to the Council Community Development Committee for further discussion. The Council indicated their disappointment with the reaction of Messenger Investment Company. Councilmember Montgomery indicated that discussions could take place with Messenger at committee level to determine what kind of agreement they want to negotiate and an amendment application to the sphere of influence to LAFCO could be undertaken by the City that would obligate Messenger to develop under the auspices of the City. He recommended that Council direct staff to initiate and send that application to LAFCO to amend the sphere of influence to include Specific Plan No. 8. In response to Mayor Lawrason, Mr. Aguilera indicated that the City can make the application to LAFCO whether or not the owner is involved. He said when the process progresses to annexation, then there are different requirements relative to property owners. Mr. Aguilera said that legally the LAFCO Board does not have to consider property owners' wishes regarding the sphere of influence application. In response to Councilmember Hunter, Mr. Aguilera said the application would take approximately one week to prepare and the County would respond in two to three months. After further Council discussion, Mr. Kueny indicated that staff could be directed to prepare the application and place it on the next agenda for discussion by the Minutes of the City Council Moorpark, California 10 March 3, 1993 Council and a determination of whether or not to submit it to LAFCO could be made. He said it could be ready to file the next day if that was the Council's determination. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to have staff prepare the sphere of influence expansion application for review by the Council at the next City Council meeting on March 17, 1993 and for the Memorandum of Understanding to be referred back to the Community Development Committee for further discussions with the Messenger Investment Company. The motion carried by roll call vote, 4 -1, Mayor Lawrason dissenting. Mayor Lawrason indicated he could not support this application. He said he was disappointed that the City has not been able to move the MOU through the process and "make it happen ". He said the City is now on the brink of a complete redirection on this matter. B. Consider Request of W.O.M.E.N. to Use Community Center and Cable Equipment for Miss Moorpark and Miss Teen Moorpark Pageant on June 26, 1993. Staff Recommendation: Approve use of facilities and charge for use as determined by Council and direct staff to coordinate a meeting between W.O.M.E.N. and Videomax to work out videotaping at W.O.M.E.N.'s expense. Ms. Adams gave the staff report. In response to Councilmember Hunter, Mr. Hare said being a sponsor does not mean the City has to pay the full cost of an event. He said there are different degrees of sponsorship. He also indicated that should the City sponsor an event, then that event would be eligible to be shown on the governmental channel. After further Council discussion, the following motion was heard: MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to approve the use of the facilities as requested as to dates and times; to charge $17.00 per hour; no deposit to be required; City to be a sponsor which would allow cablecast on Channel 10; videotaping by Videomax would be under the City's contract with the cost to be paid by W.O.M.E.N. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California 11 March 3, 1993 Mr. Hare clarified that the broadcast would be made live on Channel 10. The City Attorney, Ms. Kane, clarified that as long as the City is a sponsor, it is a governmental activity and as such is appropriate for broadcast on the governmental channel. She indicated, however, that once activities are allowed to be shown on the governmental channel that are not sponsored by the City, the City would be "opening the forum ", which would trigger First Amendment rights. She said other groups that might not be found acceptable to the City would be able to assert that the governmental channel had been opened for their use. Ms. Hare indicated that the time had arrived to reorder the agenda. CONSENSUS: By consensus, the Council determined to continue items 11.F. and 11.G. to the City Council meeting of March 17, 1993 and to continue with the remainder of the agenda. C. Consider Bids for the Construction of Block Walls Along the Rear of Properties Located on Sherman Avenue (North Side of Los Angeles Avenue East of Spring Road). Staff Recommendation: 1) Award a contract to the lowest responsible bidder, DWM Construction, for $108,162.30. 2) Approve a twenty percent (20 %) 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. 3) Authorize the Mayor to sign the necessary contract documents. Mr. Gilbert gave the staff report. After Council discussion, it was determined that Alternate 1.A. was the preferred alternate -- construction of the wall using pre- fabricated panels with a grapestake design. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the scope of work for the project as described in Alternative 1.A.; to award a contract for the construction of the project to DWM Construction for $115,462.50; to approve an additional 20% for contract administration, inspection and a contingency for the project and to authorize the City Manager to approve additional work, if required, not to exceed 10% of the contract price; to authorize the Mayor to sign the necessary contract documents; the design of the prefabricated grapestake panels to be Minutes of the City Council Moorpark, California 12 March 3, 1993 subject to the satisfaction of the Public Works, Facilities and Solid Waste Committee. The motion carried by unanimous voice vote. D. Consider Authorization to Advertise for Receiot of Bids for the Construction of a Community Building and Gymnasium at Arroyo Vista Community Park. Staff Recommendations: Approve Design modifications and authorize staff to advertise for receipt of bids. Mr. Gilbert gave the staff report. He said that the recommended option requires very little in the way of redesign costs and that is one of the "pluses" of this option. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to approve the design changes set forth in the report dated February 24, 1993 and authorize staff to advertise for receipt of bids. The motion carried by unanimous voice vote. E. Consider Budaet ADDronriation for Metrolink Station Security Measures. Staff Recommendation: Appropriate $3,840 from General Fund Reserves for installation of a block wall and $3,744 from TDA Funds for security personnel. Ms. Lindley gave the staff report. In response to Councilmember Montgomery, Ms. Lindley indicated that the correct amount for a security firm was $5,500. In response to Councilmember Perez, Mr. Kueny indicated that the City staff will orient the landscape maintenance personnel, and other contractors and employees to be aware of watching for vandalism in the MetroLink parking lot. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to appropriate $5,500 from TDA funds for security personnel for the period to end June 30, 1993. The motion carried by unanimous roll call vote. Councilmember Perez indicated that he could not support the first part of the staff recommendation which was to build a block wall to prevent access to the south parking lot from Bard Street. He indicated that those living on Bard Street and in that general area had used that route Minutes of the City Council Moorpark, California 13 March 3, 1993 for many years. He said we are very careful not to disturb wildlife corridors and we needed to have the same consideration for human beings. Councilmember Montgomery said he concurred with Councilmember Perez. MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to appropriate funds in an amount not exceed $3,840 (including 20% for contingency and administration /inspection), from the General Fund Reserve for the installation of a block wall to prevent access to the south MetroLink parking lot from Bard Street. The motion carried by roll call vote, 3 -2, Councilmembers Montgomery and Perez dissenting. F. Consider Draft Legislation for the Formation of a Waste Management Authority. Staff Recommendation: Review the draft legislation and direct the mayor to write a letter to the VCWC expressing the City's support for the Waste Management Authority and commitment to working with the Waste Commission to resolve outstanding language concerns. This item was continued to March 17, 1993. G. Consider Memorandum of Understanding for Solid Waste Flow Commitment for the Development of a Materials Recovery Facility. Staff Recommendation: Decline City's participation in the MOU and respond in writing to the Waste Commission. This item was continued to March 17, 1993. H. Consider Resolution No. 93 -923 Amending Resolution No 87 -399 by Changing the NO PARKING Restrictions at Certain Locations on Mountain Trail Street to NO STOPPING ANYTIME. Staff Recommendation: Adopt Resolution No. 93- 923 amending Resolution No. 87 -399 by establishing "NO STOPPING ANYTIME" zones in certain areas on Mountain Trail Street between Tierra Rejada Road and Mountain Meadow Drive. Mr. Gilbert gave the staff report. In response to Councilmember Wozniak, Lieutenant Dean indicated that he hoped the school district would construct a bus turn out further North on Mountain Trail Street. Minutes of the City Council Moorpark, California 14 March 3, 1993 MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adopt Resolution No. 93 -923 amending Resolution No. 87 -399 by establishing NO STOPPING ANYTIME ZONES in Certain Areas on Mountain Trail Street North of Tierra Rejada Road to Mountain Meadows Drive. The motion carried by unanimous voice vote. I. Consider Deferral of Storm Drain Requirements for LDM 92- 1 and CPD 92 -2 (Anderson /McDonald's). Staff Recommendation: Defer storm drain requirements with accompanying guarantee for future installation. Mr. Kueny gave the staff report. The Council complimented him on his report. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the staff recommendation to defer the storm drain requirements with accompanying guarantee for future installation on LDM 92 -1 and CPD 92 -2 and to direct staff to prepare the subdivision improvement agreement consistent with the report dated February 26, 1993. The motion carried by unanimous voice vote. J. Consider Resolution No. 93 -924 to Increase the Citv's Parking Citation Bail Amount for Violations of the Handicap Parking Laws, and Creation of Two Additional Laws Addressing the Needs of Persons with Limited Mobility. Staff Recommendation: Adopt Resolution No. 93- to increase the bail amount for handicap parking violations from $105 to $250, adding an Administrative Fee of $25, and providing for a $5 pass through to State and County ($280 Total), and introduce Ordinance No. - an ordinance to create a new city parking code to address persons parking or stopping in front of a curb that provides wheel chair access. Mr. Reynolds gave the staff report. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the staff recommendation to adopt Resolution No. 93 -924 increasing the bail amount for handicapped parking violation from $105 to $250 and adding an administrative fee of $25.00 and providing for a $5.00 pass through fee to the State and County. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California 15 March 3, 1993 CONSENSUS: By consensus, the Council determined to direct staff to bring the ordinance back for consideration at a future meeting. K. Consider Resolution No. 93- to Rescind Resolution Number 86 -278 of the City of Moorpark California Pertaining to Establishing Fees Required by Chapter 5.64 Of title 5 of the Moorpark Municipal Code Pertaining to Licenses for Street Vendors. Staff Recommendation: Adopt Resolution No. 93- rescinding Resolution 86 -279 and establishing revised fees for licenses for street vendors. Mr. Aguilera requested that this item be continued to March 17, 1993. MOTION: Councilmember Montgomery moved and Councilmember Hunter seconded a motion to continue this item to March 17, 1993; a new report to be provided to Council. The motion carried by unanimous voice vote. L. Consider Resolution 93 -925 Updating /Changes /Additions to the Current Bail Schedule. Staff Recommendation: Adopt Resolution No. 93 -925, rescinding Resolution No. 91 -794 and approving a revised Schedule for Infractions and Misdemeanors. MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to approve Resolution No. 93 -925. The motion carried by unanimous voice vote. M. Consideration of the City of Alhambra v Ikemoto Case No. 5031350 MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to authorize the Mayor to send a letter to the California Supreme Court in support of the City of Alhambra and the Alhambra Redevelopment Agency case challenging the constitutionality of the FY 92/93 State Budget Legislation which diverted property taxes from cities and redevelopment agencies to replace the State's constitutional obligation to fund public education. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California 16 March 3, 1993 12. ORDINANCES: A. Consider Second Reading and Adoption of Ordinance No. 159, Establishing Procedures for Filing Claims Against the City of Moorpark by Other Public Entities. Ms. Kane read the ordinance title. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to read the ordinance title only and waive further reading. The motion carried by unanimous voice vote. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to declare Ordinance No. 159 read for the second time and adopted as read. The motion carried by unanimous voice vote. B. Consider Second Reading and Adoption of Ordinance No. 160, Authorizing a City Contribution to the City of Moorpark Assessment District No. 92 -1 (Mission Bell Plaza). Ms. Kane read the ordinance title. MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to read the ordinance title and waive further reading. The motion carried by unanimous voice vote. MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to declare Ordinance No. 160 read for the second time and adopted as read. The motion carried by unanimous voice vote. C. Consider Ordinance No. 161, Regulating the use of Alarm Systems within the City. Staff Recommendation: Approve Ordinance No. 161 for first reading. Ms. Kane read the ordinance title. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to read the ordinance title and waive further reading. The motion carried by unanimous voice vote. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to declare Ordinance No. 161 read for the second time and adopted as read. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California 17 March 3, 1993 D. Consider Ordinance - An Addition of Chapter 8.48 to the Municipal Code Relative to Property Maintenance and Re- Titling Chapter 8.04 of the Moorpark Municipal Code. Staff Recommendation: Introduce Ordinance for first reading of the City's Property Maintenance Ordinance, added as Chapter 8.48 and related sections to Title 8, Health and Safety, of the Moorpark Municipal Code. CONSENSUS: By consensus, the Council determined to receive some additional written material from the Director of Community Development. Ms. Kane recommended revising the definitions in the addendum which was presented to the Council. She recommended a revised definition of "recreational vehicle" as it is not defined in the California Vehicle Code. Councilmember Montgomery asked for clarification as to how this ordinance applies to inoperative vehicles. Mr. Aguilera explained that this ordinance is silent with respect to the item of inoperative vehicles in a driveway area and that item will be addressed in the form of another ordinance which will come to the Council. Councilmember Montgomery asked for clarification about the location of debris in section J. of the ordinance and he questioned the use of the terminology "offensive to the senses ". He also commented on Section P. and suggested that it be deleted. CONSENSUS: By consensus, the Council determined to continue this item to March 17, 1993 and requested a new report be provided. E. Adult Entertainment and Facilities Ordinance - City of Moorpark. Staff Recommendation: Introduce the Ordinance for first reading. Mr. Aguilera gave the staff report. Councilmember Montgomery commented that the public hearing is still open. He recommended continuance of this item. CONSENSUS: By consensus, the Council directed staff to research whether the public hearing was closed on this item. Minutes of the City Council Moorpark, California 18 March 3, 1993 Mr. Kueny said if the public hearing was closed, staff could be directed to readvertise and place this item on the next available agenda. In response to Mayor Lawrason, Councilmember Montgomery said significant changes have been made since this was originally introduced and he believes it should be placed on the agenda as a public hearing. Mayor Lawrason said he does not believe it needs to come back as a public hearing if it is not necessary to do so. Councilmember Montgomery suggested that staff should contact the Cities of Oxnard and Lancaster, and the National Law Center for Children and Families to provide staff with stringent language that has been upheld in court. He said this language would make the ordinance more defensible. CONSENSUS: By consensus, the Council determined that if additional language could make the ordinance more defensible then the cities of Oxnard and Lancaster, and the National Law Center for Children and Families should be contacted and information from them reviewed; this item to be returned as an action item if research shows that the hearing was closed. If the public hearing is not closed, this item should be returned as a public hearing item. F. Amending Chapter 5.64 of the City of Moorpark Municipal Code. Pertaining to Peddlers. Itinerant Merchants and Solicitors Herein Known Collectively as Street Vendors. Staff Recommendation: Amend Chapter 5.64 of the Moorpark Municipal Code by introducing the Ordinance for first reading. Mr. Aguilera gave the staff report. He said a resolution will be prepared for the next meeting setting the fees to recover the costs for issuing the photo I.D.Is. He continued by saying it will allow the City to readily identify those merchants who have permits from those who do not. Mr. Montgomery asked if Section 5.64.030a, Street Vendor License Exemptions, could be used as a loophole because some state vendors say they sell wholesale. Mr. Aguilera said the ordinance controls the activity in residential, commercial and industrial zones. Minutes of the City Council Moorpark, California 19 March 3, 1993 Mr. Kueny suggested the addition of the words "and limits their activity to those established places of business ", to preclude the section being used as a loophole. In response to Councilmember Montgomery, Mr. Aguilera indicated that each person in the field would have to be photo identified. Councilmember Montgomery indicated that "drummer" was not defined in the ordinance. Mr. Aguilera said it is a trade term and it could be omitted. Councilmember Wozniak indicated that staff needs to check with other cities to see how they have handled fundraising within their cities and whether or not those organizations had to had a photo I.D., etc., in compliance with the ordinance. He said it will require exorbitant administrative procedures to photo I.D. all children who solicit for nonprofit organizations conducting fundraising activities. Councilmember Hunter explained that the terminology "concurrent sale of goods" presents a problem and needs to be reviewed. CONSENSUS: By consensus, the Council determined that this item should be continued as a discussion item to a date uncertain. 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 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). Minutes of the City Council Moorpark, California 20 March 3, 1993 D. Negotiations for Real Property on the South Side of High Street (Southern Pacific /VCTC) pursuant to Government Code Section 54956.8. 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) L. Litigation concerning Ventura County Community College District, et al vs. City of Moorpark (Case No. 107569). The motion carried by unanimous voice vote. AT THIS POINT in the meeting, a recess was declared. The time was 12:50 a.m. The Council reconvened into Closed Session at 12:54 a.m. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; and Cheryl Kane, City Attorney. The meeting reconvened into Open Session at 1:20 a.m. Mr. Kueny stated there was no action to report out of. Closed Session and only items 14.B., 14.C., 14.H., and 14.L. were discussed. Minutes of the City Council Moorpark, California 21 15. ADJOURNMENT: MOTION: Councilmember Perez seconded a motion Fred Ferrel to March 10, by unanimous voice vote. ATTEST* - illian E. Hare, City Clerly March 3, 1993 Montgomery moved and Councilmember to adjourn the meeting in honor of 1993 at 7:00 p.m. The motion carried J y/ 2 ,a (� ti �'/'-' Paul W. Law son Jr., FTor